South Carolina General Assembly
106th Session, 1985-1986

Bill 799

                    Current Status

Bill Number:               799
Ratification Number:       456
Act Number:                413
Introducing Body:          Senate
Subject:                   To permit qualified surety companies to
                           guarantee arrest bond certificates offered by
                           automobile clubs and associations
View additional legislative information at the LPITS web site.

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

(A413, R456, S799)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-230 SO AS TO PERMIT QUALIFIED SURETY COMPANIES TO GUARANTEE ARREST BOND CERTIFICATES OFFERED BY AUTOMOBILE CLUBS AND ASSOCIATIONS; REQUIRING THE ACCEPTANCE OF THOSE GUARANTEED ARREST BOND CERTIFICATES IN THE EVENT OF VIOLATION OF CERTAIN MOTOR VEHICLE LAWS; AND TO PROVIDE FOR THE FORFEITURE OF THE GUARANTEED ARREST BOND CERTIFICATES.

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

Company may become surety

SECTION 1. The 1976 Code is amended by adding:

"Section 17-15-230. 1. (a) Any domestic or foreign surety company which has qualified to transact business in this State may become a surety by filing with the Department of Insurance an undertaking to become surety in an amount not to exceed five hundred dollars with respect to each guaranteed arrest bond certificate issued by an automobile club or association.

(b) The undertaking must be in a form to be prescribed by the Department of Insurance and must state:

(1) The name and address of the automobile club or automobile association with respect to which the surety company undertakes to guarantee the arrest bond certificates.

(2) The unqualified obligation of the surety company to pay the fine or forfeiture in an amount not to exceed five hundred dollars of any person who, after posting in guaranteed arrest bond certificate which the surety has undertaken to guarantee, fails to make the

appearance for which the guaranteed arrest bond certificate was posted.

2. (a) Any guaranteed arrest bond certificate guaranteed by a surety company pursuant to this section must be accepted in lieu of cash bail or other bond in an amount not to exceed five hundred dollars as a bail bond, when signed by the person whose signature appears on the certificate, to guarantee the appearance of that person in any court in this State at the time set by the court when the person is arrested for the violation of any motor vehicle law of the State or any motor vehicle ordinance of any municipality of this State. The guaranteed arrest bond certificate does not apply to and may not be accepted in lieu of cash bail or bond when the person has been arrested for any offense of driving under the influence of intoxicating liquors or drugs or for any felony.

(b) A guaranteed arrest bond certificate that is posted as a bail bond in any court is subject to the forfeiture and enforcement provisions with respect to bail bonds in criminal cases as provided in this chapter."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.