South Carolina General Assembly
117th Session, 2007-2008

Download This Version in Microsoft Word format

Bill 4438

Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

January 30, 2008

H. 4438

Introduced by Rep. G.M. Smith

S. Printed 1/30/08--H.

Read the first time January 9, 2008.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4438) to amend Section 17-15-260, Code of Laws of South Carolina, 1976, relating to disposition of funds collected pertaining to bail and recognizance, so as to provide, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION    1.    Section 17-15-260 of the 1976 Code is amended to read:

"Section 17-15-260.    (A)    The funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the State, twenty-five percent to the solicitor's office in the county in which the forfeiture is ordered, or to the Attorney General's office if it is the prosecuting agency, and fifty percent to the county general fund of the county in which the forfeiture is ordered.

(B)    However, if the case in which forfeiture is ordered is originated by a municipality, the funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the State, twenty-five percent to the solicitor's office in the county in which the forfeiture is ordered, or to the Attorney General's office if it is the prosecuting agency, and twenty-five percent to the county general fund of the county in which the forfeiture is ordered, and twenty-five percent to the municipality.

(C)    All funds to be deposited in the state general fund shallmust be transmitted to the State Treasurer."

SECTION    2.    This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND SECTION 17-15-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF FUNDS COLLECTED PERTAINING TO BAIL AND RECOGNIZANCE, SO AS TO PROVIDE THAT TWENTY-FIVE PERCENT OF THE FUNDS COLLECTED MUST BE REMITTED TO THE PROSECUTING AGENCY RATHER THAN THE SOLICITOR'S OFFICE IN THE COUNTY IN WHICH THE FORFEITURE IS ORDERED.

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

SECTION    1.    Section 17-15-260 of the 1976 Code is amended to read:

"Section 17-15-260.    (A)    The funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the State, twenty-five percent to the solicitor's office in the county in which the forfeiture is orderedprosecuting agency, and fifty percent to the county general fund of the county in which the forfeiture is ordered.

(B)    However, if the case in which forfeiture is ordered is originated by a municipality, the funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the State, twenty-five percent to the solicitor's office in the county in which the forfeiture is orderedprosecuting agency, and twenty-five percent to the county general fund of the county in which the forfeiture is ordered, and twenty-five percent to the municipality.

(C)    All funds to be deposited in the state general fund shallmust be transmitted to the State Treasurer."

SECTION    2.    This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on Monday, June 22, 2009 at 2:52 P.M.