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Current Status Bill Number:View additional legislative information at the LPITS web site.3525 Ratification Number:196 Act Number:127 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990211 Primary Sponsor:Scott All Sponsors:Scott Drafted Document Number:l:\council\bills\ggs\22166cm99.doc Companion Bill Number:290 Date Bill Passed both Bodies:19990603 Date of Last Amendment:19990603 Governor's Action:S Date of Governor's Action:19990630 Subject:Bail bonds, runners may execute on behalf of bondsman when power of attorney recorded; Courts, License suspension History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 19990727 Act No. A127 ------ 19990630 Signed by Governor ------ 19990624 Ratified R196 House 19990603 Ordered enrolled for ratification House 19990603 Free Conference Committee Report 99 HFCC adopted Senate 19990603 Free Conference Committee Report 89 SFCC adopted Senate 19990603 Free Conference Powers granted, 89 SFCC Saleeby appointed Senators to Committee Glover of Free Conference Martin House 19990603 Free Conference Powers granted, 99 HFCC Campsen appointed Reps. to Committee of Scott Free Conference Whatley House 19990602 Conference powers granted, 98 HCC Scott appointed Reps. to Committee of Campsen Conference Whatley Senate 19990602 Conference powers granted, 88 SCC Saleeby appointed Senators to Committee Glover of Conference Martin Senate 19990602 Insists upon amendment House 19990601 Non-concurrence in Senate amendment Senate 19990526 Amended, read third time, returned to House with amendment Senate 19990525 Read second time, ordered to third reading with notice of general amendments, carrying over all amendments to third reading Senate 19990520 Recalled from Committee, 02 SBI Placed on the Calendar Senate 19990428 Introduced, read first time, 02 SBI referred to Committee House 19990428 Read third time, sent to Senate House 19990427 Read second time House 19990421 Committee report: Favorable 25 HJ House 19990217 Committed to Committee 25 HJ House 19990211 Introduced, read first time, placed on Calendar without reference Versions of This Bill Revised on February 11, 1999 - Word format Revised on April 21, 1999 - Word format Revised on May 20, 1999 - Word format Revised on May 26, 1999 - Word format Revised on June 3, 1999 - Word format
(A127, R196, H3525)
AN ACT TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITION OF RUNNER AND TO FURTHER PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON BEHALF OF A LICENSED BONDSMAN WHEN A POWER OF ATTORNEY HAS BEEN RECORDED; TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A PROFESSIONAL OR SURETY BONDSMAN MAY NOT GIVE POWER OF ATTORNEY TO, OR AUTHORIZE A PERSON TO COUNTERSIGN HIS NAME TO BONDS UNLESS THE AUTHORIZED PERSON IS A LICENSED BONDSMAN OR RUNNER EMPLOYED BY THE BONDSMAN GIVING POWER OF ATTORNEY, AND TO DELETE ONLY THE REQUIREMENT THAT POWERS OF ATTORNEY AND REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY BONDSMEN BE FILED WITH THE CLERK OF COURT; AND BY ADDING SECTION 38-53-102 SO AS TO PROVIDE THAT THE LICENSE OF A BAIL BONDSMAN, HIS ASSOCIATES, AFFILIATES, OR RUNNERS WHO REFER DEFENDANTS TO A PARTICULAR ATTORNEY OR LAW FIRM MUST BE SUSPENDED.
Be it enacted by the General Assembly of the State of South Carolina:
Bail bondsmen and runners; definitions
SECTION 1. Section 38-53-10 of the 1976 Code, as last amended by Act 425 of 1998, is further amended to read:
"Section 38-53-10. As used in this chapter:
(1) 'Accommodation bondsman' means a person who has reached the age of eighteen years, is a resident of this State, who, aside from love and affection and release of the person concerned, receives no consideration for action as surety, and who endorses the bail bond after providing satisfactory evidence of ownership, value, and marketability of real property to the extent necessary to reasonably satisfy the official taking bond that the real or personal property will in all respects be sufficient to assure that the full principal sum of the bond will be realized in the event of breach of the conditions of the bond. 'Consideration' as used in this item does not include the legal rights of a surety against a defendant by reason of breach of the conditions of a bail bond nor does it include collateral furnished to and securing the surety so long as the value of the surety's rights in the collateral does not exceed the defendant's liability to the surety by reason of a breach in the conditions of the bail bond.
(2) 'Bail bond' means an undertaking by the defendant to appear in court as required upon penalty of forfeiting bail to the State in a stated amount and may include an unsecured appearance bond, a premium-secured appearance bond, an appearance bond secured by a cash deposit of the full amount of the bond, an appearance bond secured by a mortgage, and an appearance bond secured by at least one surety.
(3) 'Bail bondsman' means a surety bondsman, professional bondsman, or an accommodation bondsman as defined in this chapter.
(4) 'Clerk of court', unless otherwise specified, means the clerk of the circuit court of the county in the state where the bondsman is currently writing or obligated on the majority of those bail bonds which he has written or on which he is obligated.
(5) 'Court', unless otherwise specified, means circuit, magistrate's, or municipal court.
(6) 'Insurer' means any domestic, foreign, or alien surety company which has qualified generally to transact surety business and specifically to transact bail bond business in this State.
(7) 'Obligor' means a principal or a surety on a bail bond.
(8) 'Principal' means a defendant or witness obligated to appear in court as required upon penalty of forfeiting bail under a bail bond.
(9) 'Professional bondsman' means any person who is approved and licensed under the provisions of this chapter and who pledges cash or approved securities with the clerk of court as security for bail bonds written in connection with a judicial proceeding and receives or is promised money or other things of value for the pledge.
(10) 'Runner' means a person employed by a bail bondsman for the purpose of assisting the bail bondsman in presenting the defendant in court when required, assisting in the apprehension and surrender of the defendant to the court, keeping the defendant under necessary surveillance, and executing bonds on behalf of the licensed bondsman when the power of attorney has been recorded. 'Runner' does not include an attorney or a law enforcement officer assisting a bondsman.
(11) 'Surety' means one who, with the defendant, is liable for the amount of the bail bond upon forfeiture of bail.
(12) 'Surety bondsman' means any person who is approved by and licensed by the director or his designee as an insurance agent, appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings, and receives or is promised money or other things of value for the execution or countersignature.
(13) 'Appropriate judge' means a magistrate, municipal, or circuit court judge who has jurisdiction over the defendant.
(14) 'Good cause' means the violation of a specific term of the bail bond not to include the nonpayment of fees."
Signing of bonds by a bondsman's associates
SECTION 2. Section 38-53-200 of the 1976 Code, as last amended by Act 425 of 1998, is further amended to read:
"Section 38-53-200. A professional or surety bondsman may not sign or countersign blank bail bonds, nor may he give a power of attorney to, or otherwise authorize, anyone to countersign his name to bonds unless the authorized person is a licensed bondsman or runner directly employed by the bondsman giving power of attorney. Copies of all the powers of attorney and revocations of the powers of attorney must be filed immediately with the department and the clerk of the circuit court of the county in the state where the bondsman giving the power of attorney is currently writing or is obligated on bail bonds."
Suspension of the license of a bail bondsman, his associates, affiliates, or runners
SECTION 3. The 1976 Code is amended by adding:
"Section 38-53-102. Notwithstanding any other provision of law, the department must suspend for a period of five years the license of a bail bondsman, his associates, affiliates, or runners who refer defendants to attorneys. However, nothing contained in this section shall be construed to prohibit a bail bondsman, his associates, affiliates, or runners from indicating to a defendant that he should contact an attorney for professional assistance, as long as the bail bondsman, his associates, affiliates, or runners do not mention or in any other manner suggest or indicate a particular attorney or law firm by name."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 24th day of June, 1999.
Approved the 30th day of June, 1999.
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