H 3088 Session 112 (1997-1998)
H 3088 General Bill, By Scott
Similar(S 325, H 3191)
A BILL TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO BAILING A PERSON, SO AS TO PROVIDE WHEN A PERSON MUST BE ALLOWED A
BOND HEARING AND MUST BE RELEASED AFTER OFFERING SUFFICIENT BOND; TO AMEND
SECTION 38-53-50, AS AMENDED, RELATING TO A BAIL BONDSMAN SURRENDER OF A
DEFENDANT, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH A BAIL BONDSMAN MAY
OBTAIN A COMMITMENT ORDER; TO AMEND SECTION 38-53-70, RELATING TO REMISSION OF
JUDGMENT, SO AS TO PROVIDE THAT A SURETY MAY OBTAIN A REFUND OF A PORTION OF
THE AMOUNT ESTREATED IF A PRINCIPAL IS SURRENDERED WITHIN A CERTAIN PERIOD
AFTER AN ESTREATMENT ORDER HAS BEEN ISSUED; TO AMEND SECTION 38-53-90, AS
AMENDED, RELATING TO QUALIFICATIONS FOR LICENSING A BONDSMAN AND A RUNNER, SO
AS TO REQUIRE BOTH TO POSSESS THE MINIMUM TRAINING THE STATE REQUIRES FOR A
LAW ENFORCEMENT OFFICER; AND TO AMEND SECTION 38-53-170, AS AMENDED, RELATING
TO ACTIVITIES A BAIL BONDSMAN OR A RUNNER MAY NOT ENGAGE IN, SO AS TO ALLOW A
BAIL BONDSMAN OR A RUNNER TO ATTEND CERTAIN COURT SESSIONS.
12/18/96 House Prefiled
12/18/96 House Referred to Committee on Judiciary
01/14/97 House Introduced and read first time HJ-42
01/14/97 House Referred to Committee on Judiciary HJ-43
A BILL
TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO BAILING A PERSON, SO AS
TO PROVIDE WHEN A PERSON MUST BE ALLOWED A BOND
HEARING AND MUST BE RELEASED AFTER OFFERING
SUFFICIENT BOND; TO AMEND SECTION 38-53-50, AS
AMENDED, RELATING TO A BAIL BONDSMAN SURRENDER
OF A DEFENDANT, SO AS TO REVISE THE CIRCUMSTANCES
IN WHICH A BAIL BONDSMAN MAY OBTAIN A
COMMITMENT ORDER; TO AMEND SECTION 38-53-70,
RELATING TO REMISSION OF JUDGMENT, SO AS TO
PROVIDE THAT A SURETY MAY OBTAIN A REFUND OF A
PORTION OF THE AMOUNT ESTREATED IF A PRINCIPAL IS
SURRENDERED WITHIN A CERTAIN PERIOD AFTER AN
ESTREATMENT ORDER HAS BEEN ISSUED; TO AMEND
SECTION 38-53-90, AS AMENDED, RELATING TO
QUALIFICATIONS FOR LICENSING A BONDSMAN AND A
RUNNER, SO AS TO REQUIRE BOTH TO POSSESS THE
MINIMUM TRAINING THE STATE REQUIRES FOR A LAW
ENFORCEMENT OFFICER; AND TO AMEND SECTION
38-53-170, AS AMENDED, RELATING TO ACTIVITIES A BAIL
BONDSMAN OR A RUNNER MAY NOT ENGAGE IN, SO AS
TO ALLOW A BAIL BONDSMAN OR A RUNNER TO ATTEND
CERTAIN COURT SESSIONS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 22-5-510 of the 1976 Code is amended to
read:
"Section 22-5-510. (A) Magistrates may admit to bail
any a person charged with any an
offense the whose punishment of which is
other than not death or imprisonment for life, and
if any. If a person under lawful arrest on a charge
regularly made and not bailable be is brought
before a magistrate, he the magistrate shall
commit the prisoner person to jail. But If the
offense charged be is bailable, the
magistrate shall take recognizance, with sufficient surety, if
the same be it is offered, in default whereof such
party shall the person must be committed to prison
unless it shall clearly appear appears upon
examination that the charge is not founded in probability in which
case the party may be discharged.
(B) A person charged with a bailable offense must have a
bond hearing within twenty-four hours of his arrest and must be
released within two hours after sufficient bond is offered by him or
a surety."
SECTION 2. Section 38-53-50(A) of the 1976 Code, as last
amended by Act 179 of 1989, is further amended to read:
"(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, or if the defendant has violated
the specific terms of the bail bond previously, 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."
SECTION 3. Section 38-53-70 of the 1976 Code, is amended to
read:
"Section 38-53-70. (A) At any time before execution
is issued on a judgment of forfeiture against a principal or his surety,
the court may direct that the judgment be remitted in whole or in part,
upon conditions as the court may impose, if it appears that
justice requires the remission of part or all of the judgment. In
making a determination as to remission of the judgment, the court
shall consider the costs to the State or any a county
or municipality resulting from the necessity to continue or terminate
the principal-s trial and the efforts of law enforcement officers or
agencies to locate the principal.
(B) If the surety surrenders the principal to the court within
six months after an order of estreatment is issued, he must be
refunded eighty percent of the amount estreated. If the surety
surrenders the principal after six months but within twelve months to
the court after an order of estreatment is issued, he must be refunded
forty percent of the amount estreated."
SECTION 4. Section 38-53-90 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 38-53-90. Before a license is issued to an applicant
permitting him to act as a professional bondsman or runner, the
applicant shall furnish the director or his designee a complete set of
his fingerprints and a recent passport size full-face photograph of
himself. The applicant's fingerprints must be certified by an
authorized law enforcement officer.
Before being issued the license, every an applicant
for a license as a professional bondsman or runner shall satisfy the
director or his designee that he:
(a) is eighteen years of age or older;
(b) is a resident of this State;
(c) is a person of good moral character and has not been
convicted of a felony or any crime involving moral turpitude within
the last ten years;
(d) has knowledge, training, or experience of sufficient duration
and extent to satisfy reasonably the director or his designee that he
possesses the competence necessary to fulfill the responsibilities of
a licensee; and
(e) has the minimum training the State requires for a law
enforcement officer."
SECTION 5. Section 38-53-170(f) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(f) solicit business in any of the courts court or on
the premises of any of the courts court of this State,
in the office of any a magistrate, or in or about any
place where prisoners are confined. This provision does not
prohibit a bail bondsman or a runner from attending a proceeding in
a court or a hearing to set a defendant-s bond. Law enforcement
officers and jailers shall report any violations of this provision to the
court. Any action taken pursuant to this provision resulting in a
conviction, guilty plea, or plea of nolo contendere pursuant to Section
38-53-340 must be reported to the director or his designee by the
court within thirty days;"
SECTION 6. This act takes effect upon approval by the Governor.
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