H*3099(Rat #0273, Act #0179 of 1989)  General Bill, By Hayes
 A Bill to amend Section 38-53-10, Code of Laws of South Carolina, 1976,
 relating to definitions on bail, bondsmen, and runners, so as to define
 "appropriate judge" and "good cause" and to amend Section 38-53-50, as
 amended, relating to the surrender of a defendant when the surety holding the
 bond wishes to remove the bond, so as to revise the surety's requirements and
 to provide for the court to order the surety to refund to the defendant any
 fees paid toward the bond after deducting costs, expenses, and fees.-amended
 title

   01/04/89  House  Prefiled
   01/04/89  House  Referred to Committee on Judiciary
   01/10/89  House  Introduced and read first time HJ-50
   01/10/89  House  Referred to Committee on Judiciary HJ-50
   02/08/89  House  Committee report: Favorable with amendment
                     Judiciary HJ-4
   02/14/89  House  Amended HJ-34
   02/14/89  House  Read second time HJ-36
   02/16/89  House  Read third time and sent to Senate HJ-28
   02/21/89  Senate Introduced and read first time SJ-6
   02/21/89  Senate Referred to Committee on Judiciary SJ-6
   04/27/89  Senate Committee report: Favorable with amendment
                     Judiciary SJ-19
   05/02/89  Senate Amended SJ-19
   05/02/89  Senate Read second time SJ-21
   05/02/89  Senate Ordered to third reading with notice of
                     amendments SJ-21
   05/18/89  Senate Read third time and returned to House with
                     amendments SJ-28
   05/18/89  Senate Reconsidered SJ-28
   05/24/89  Senate Amended SJ-43
   05/24/89  Senate Read third time and returned to House with
                     amendments SJ-43
   05/25/89  House  Non-concurrence in Senate amendment HJ-9
   05/25/89  Senate Senate insists upon amendment and conference
                     committee appointed Sens. Hayes, Pope, and
                     Stillwell SJ-7
   05/25/89  House  Conference committee appointed Hayes, Gentry &
                     Nettles HJ-70
   05/29/89  House  Free conference powers granted HJ-69
   05/29/89  House  Free conference committee appointed Hayes, Gentry
                     & Nettles HJ-70
   05/29/89  House  Free conference report received and adopted HJ-81
   05/30/89  Senate Free conference powers granted SJ-11
   05/30/89  Senate Free conference committee appointed Sens. Hayes,
                     Pope, Stilwell SJ-11
   05/30/89  Senate Free conference report received and adopted SJ-11
   05/30/89  House  Ordered enrolled for ratification HJ-85
   06/02/89         Ratified R 273
   06/08/89         Signed By Governor
   06/08/89         Effective date 06/08/89
   06/08/89         Act No. 179
   06/19/89         Copies available

AN ACT TO AMEND SECTION 38-53-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ON BAIL, BONDSMEN, AND RUNNERS, SO AS TO DEFINE "APPROPRIATE JUDGE" AND "GOOD CAUSE" AND TO AMEND SECTION 38-53-50, AS AMENDED, RELATING TO THE SURRENDER OF A DEFENDANT WHEN THE SURETY HOLDING THE BOND WISHES TO REMOVE THE BOND, SO AS TO REVISE THE SURETY'S REQUIREMENTS AND TO PROVIDE FOR THE COURT TO ORDER THE SURETY TO REFUND TO THE DEFENDANT ANY FEES PAID TOWARD THE BOND AFTER DEDUCTING COSTS, EXPENSES, AND FEES.

Be it enacted by the General Assembly of the State of South Carolina:

Definitions

SECTION 1. Section 38-53-10 of the 1976 Code is amended by adding two appropriately numbered items to read:

"( ) 'Appropriate judge' means a magistrate, municipal, or circuit court judge who has jurisdiction over the defendant.

( ) 'Good cause' means the violation of a specific term of the bail bond not to include the nonpayment of fees."

Requirements for the surety; court orders

SECTION 2. Section 38-53-50 of the 1976 Code is amended to read:

"Section 38-53-50. (A) A surety desiring to surrender a defendant for 'good cause' or the nonpayment of fees must give three days' notice to the defendant and his attorney of his intention to attempt to revoke the bail bond. After the three-day period has expired, the surety shall then take the defendant before the appropriate judge and show good cause why he

should be relieved to obtain a commitment order and deliver it together with the defendant to the official in charge of incarcerating defendants. However, if circumstances exist in which incarceration of the defendant is required to prevent imminent violation of the specific terms of the bail bond, the surety may take the defendant before the appropriate judge for a commitment order. If the appropriate judge is not available within a reasonable period of time or if circumstances warrant immediate incarceration of the defendant, the surety may deliver the defendant with an affidavit stating the facts to support the surrender of the defendant for good cause. If the surety surrenders the defendant with an affidavit, the surety must take the defendant before the next available appropriate judge for a commitment order. A surety who surrenders a defendant with an affidavit for less than good cause is subject to penalties imposed for perjury as provided in Article 1, Chapter 9 of Title 16.

(B) The court, at the hearing, may order the surety to refund to the defendant any fees paid toward the bail bond after deducting the surety's actual costs, reasonable expenses, and reasonable fees, as determined by the court."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 8th day of June, 1989.