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H. 3798
STATUS INFORMATION
General Bill
Sponsors: Reps. Bannister, Harrison, King and Jennings
Document Path: l:\council\bills\ms\7201ahb09.docx
Introduced in the House on March 26, 2009
Currently residing in the House Committee on Judiciary
Summary: Bond
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/26/2009 House Introduced and read first time HJ-8
3/26/2009 House Referred to Committee on Judiciary HJ-8
5/14/2009 House Member(s) request name added as sponsor: King
5/14/2009 House Recalled from Committee on Judiciary HJ-66
5/20/2009 House Debate adjourned HJ-28
5/21/2009 House Debate adjourned until Friday, May 22, 2009 HJ-16
1/13/2010 House Recommitted to Committee on Judiciary HJ-28
3/2/2010 House Member(s) request name added as sponsor: Jennings
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
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RECALLED
May 14, 2009
H. 3798
S. Printed 5/14/09--H.
Read the first time March 26, 2009.
TO AMEND SECTION 17-15-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPOSIT OF A CASH PERCENTAGE INSTEAD OF A BOND, ASSIGNMENT OF THE DEPOSIT, AND RESTITUTION TO THE VICTIM, SO AS TO PROVIDE FOR THE DEPOSIT OF A CASH AMOUNT BY THE DEFENDANT THROUGH AN ACCOMMODATION BONDSMAN, TO INCREASE THE CASH AMOUNT PERCENTAGE TO NOT LESS THAN TWENTY-FIVE PERCENT, AND TO REQUIRE THE ACCOMMODATION BONDSMAN TO PAY A HANDLING FEE TO THE CLERK OF COURT EQUAL TO FOUR PERCENT OF THE AMOUNT OF THE BOND SET.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-15-15 of the 1976 Code is amended to read:
"Section 17-15-15. (a) In lieu(A) Instead of requiring actual posting of bond as provided in item (a) ofSection 17-15-10, the court setting bond may permit the defendant, through an accommodation bondsman as defined in Section 38-53-10, to deposit in cash with the clerk of court an amount not to exceed tenless than twenty-five percent of the amount of bond set, which amount, when the defendant fulfills the condition of the bond and if restitution to the victim is not ordered, shallmust be returned to the defendant by the clerk except as provided in subsection (c)(B).
The accommodation bondsman shall pay a handling fee to the clerk of court equal to four percent of the amount of the bond set to be retained by the clerk of court for its operational use.
(b) The cash deposit provided for in subsection (a) shall be assignable at any time after it is posted with the clerk of court by written assignment executed by the defendant and delivered to the clerk. After assignment and after the defendant fulfills the condition of his bond, the clerk shall return the cash deposit to the assignee thereof.
(c)(B) In the event the cash deposit is not assigned but the defendant is required by the court to make restitution to the victim of his crime, suchthe deposit maymust be used for the purpose of suchthe restitution.
(C) The cash deposit provided for in subsection (A) is assignable at any time after it is posted with the clerk of court by written assignment executed by the defendant's accommodation bondsman and delivered to the clerk of court. After assignment and after the defendant fulfills the condition of his bond, and if restitution to the victim is not ordered, the clerk of court shall return the cash deposit to the appropriate assignee of the bond."
SECTION 2. This act takes effect upon approval by the Governor.
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