Current Status Introducing Body:Senate Bill Number:1327 Primary Sponsor:Bryan Committee Number:11 Type of Legislation:GB Subject:Surety bondsmen Residing Body:Senate Current Committee:Judiciary Computer Document Number:DKA/3224AL.94 Introduced Date:19940406 Last History Body:Senate Last History Date:19940406 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Bryan Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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1327 Senate 19940406 Introduced, read first time, 11
referred to Committee
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TO AMEND SECTION 38-53-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURRENDER OF DEFENDANT BY SURETY, SO AS TO DELETE THE THREE-DAY REQUIREMENT FOR NOTICE; TO AMEND SECTION 38-53-100, RELATING TO LICENSE FEES FOR A PROFESSIONAL BONDSMAN, SO AS TO INCREASE THE FEE; TO AMEND SECTION 38-53-260, RELATING TO REGISTRATION OF BONDSMAN LICENSE, SO AS TO DELETE THE REQUIREMENT TO REGISTER IN EVERY COUNTY IN WHICH HE DOES BUSINESS; AND TO REPEAL SECTION 38-53-105 RELATING TO PAYMENT OF ADDITIONAL FEE BY A SURETY BONDSMAN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 38-53-50 of the 1976 Code, as last amended by Act 179 of 1989, is further 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 The surety shall then shall 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."
SECTION 2. Section 38-53-100 of the 1976 Code is amended to read:
"Section 38-53-100. (a) A license fee of four five hundred dollars must be paid to the commissioner with each application for license as a professional bondsman. The first year after enactment the commissioner shall forward four five hundred dollars to the State Treasurer to be placed in the general fund; however, of. Of the four five hundred dollars, the amount of two three hundred dollars must be paid over to the commissioner to offset those costs he incurs under the provisions of this chapter, and two hundred dollars must be paid over to the State Law Enforcement Division to offset those costs it may incur under the provisions of this chapter. Any An applicant paying the initial license fee required by this section prior to before July 1, 1987, is not required to pay any a license renewal fee prior to before July 1, 1987.
(b) A license fee of two hundred dollars must be paid to the commissioner with each application for a license as a runner. The first year after enactment, the commissioner shall forward two hundred dollars to the State Treasurer to be placed in the general fund; however, of. Of the two hundred dollars, the amount of one hundred dollars must be paid over to the commissioner to offset those costs he incurs under the provisions of this chapter, and one hundred dollars must be paid over to the State Law Enforcement Division to offset those costs it incurs under the provisions of this chapter. Any An applicant paying the initial license fee required by this section prior to before July 1, 1987, is not required to pay any a license renewal fee prior to before July 1, 1987.
(c) Beginning the second year after enactment, the commissioner shall forward forty percent of all fees collected under subsections (a) and (b) of this section to the clerk of court of the county where the principal place of business of the bondsman or runner is located. The remaining sixty percent of collected fees must be forwarded to the State Treasurer to be placed in the general fund of which one-third must be paid to the State Law Enforcement Division and two-thirds paid to the commissioner to offset expenses incurred under the provisions of this chapter.
(d) In addition to the fees herein provided, a bondsman shall pay to the clerk of court of any county where he is doing business other than the county of his principal place of business the sum of one hundred dollars annually to be paid directly to and retained by the clerk. Any applicant paying the initial license fee required by this section prior to July 1, 1987, is not required to pay any license renewal fee prior to July 1, 1987."
SECTION 3. Section 38-53-260 of the 1976 Code is amended to read:
"Section 38-53-260. No professional bail bondsman may become a surety on an undertaking unless he has registered his current license in the office of the clerk of the circuit court in the county in which he resides and registered a certified copy of the license with the clerk of the circuit court in any other county in which he writes bail bonds.
A surety bondsman shall also shall register annually register a certified copy of his current power of appointment with the clerk of the circuit court where he resides and in any other county where he writes bail bonds on behalf of an insurer."
SECTION 4. Section 38-53-105 is repealed.
SECTION 5. This act takes effect upon approval by the Governor.