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Current Status Bill Number:View additional legislative information at the LPITS web site.626 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990323 Primary Sponsor:Mescher All Sponsors:Mescher Drafted Document Number:l:\s-res\wcm\007bond.whb.doc Residing Body:Senate Current Committee:Banking and Insurance Committee 02 SBI Subject:Bail bondsmen, surety; agency license may not be issued unless approved to insure by Insurance Department, Courts History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990323 Introduced, read first time, 02 SBI referred to Committee Versions of This Bill
TO AMEND SECTION 38-53-50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIL BONDSMEN AND SURETY BONDSMEN, SO AS TO PROVIDE THAT A SURETY MAY NOT BE RELIEVED ON A BOND FOR NONPAYMENT OF FEES; TO AMEND SECTION 38-53-170, RELATING TO UNLAWFUL ACTS, SO AS TO PROVIDE THAT A BONDSMAN OR RUNNER MAY NOT KNOWINGLY OR INTENTIONALLY EXECUTE A BAIL BOND WITHOUT FIRST COLLECTING THE FULL PREMIUM AT THE PREMIUM RATE FILED WITH AND APPROVED BY THE DEPARTMENT OF INSURANCE; AND TO AMEND CHAPTER 53, TITLE 38, BY ADDING SECTION 38-53-205, SO AS TO PROVIDE THAT AGENCY LICENSE MAY NOT BE ISSUED TO A SURETY BONDSMAN UNLESS THE BONDSMAN IS APPROVED TO INSURE BAIL BONDS BY THE DEPARTMENT OF INSURANCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 38-53-50(A) of the 1976 Code is amended to read:
"(A) A surety desiring to be relieved on a bond for `good cause' or the nonpayment of fees shall file with the court a motion to be relieved on the bond. A copy of the motion must be served upon the defendant, his attorney, and the solicitor's office. The court shall then schedule a hearing to determine if the surety should be relieved on the bond and advise all parties of the hearing date."
SECTION 2. Section 38-53-170 of the 1976 Code is amended to read:
"Section 38-53-170. No bondsman or runner may:
(a) pay a fee or rebate or give or promise anything of value, directly or indirectly, to a jailer, law enforcement officer, committing magistrate, or any other person who has power to arrest or hold in custody, or to any public official or public employee in order to secure a settlement, compromise, remission, or reduction of the amount of any bail bond or the forfeiture of the bail bond, including the payment to the law enforcement officers, directly or indirectly, for the arrest or apprehension of a principal or principals who have caused a forfeiture;
(b) pay a fee or rebate or give anything of value to an attorney in bail bond matters, except in defense of any action on a bond;
(c) pay a fee or rebate or give or promise anything of value to the principal or anyone in his behalf;
(d) participate in the capacity of an attorney at a trial or hearing of one on whose bond he is surety, nor suggest or advise the employment of or name for employment any particular attorney to represent the principal;
(e) accept anything of value from a principal except the premium, which may not exceed fifteen percent of the face amount of the bond, with a minimum fee of twenty-five dollars. However, the bondsman is permitted to accept collateral security or other indemnity from the principal which must be returned upon final termination of liability on the bond. The bondsman shall identify who is paying the premium and shall represent that the collateral security or other indemnity has not been obtained from any person who has a greater interest in the principal's disappearance than appearance for trial. The collateral security or other indemnity required by the bondsman must be reasonable in relation to the amount of the bond;
(f) solicit business in any of the courts or on the premises of any of the courts of this State, in the office of any magistrate, or in or about any place where prisoners are confined. 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;
(g) advise or assist the principal for the purpose of forfeiting bond.; or
(h) knowingly or intentionally execute a bail bond without first collecting in full a premium for the bail bond, at the premium rate as filed with and approved by the Department of Insurance."
SECTION 3. Chapter 53, Title 38 of the 1976 code is amended by adding:
"Section 38-53-205. No agency license, as required under Section 38-43-30, shall be issued to a surety bondsman unless that surety bondsman, using his own corporate or trade name, is writing bonds directly for an insurance company who is approved to insure bail bonds in this State by the Department of Insurance. Any bail bond agency properly licensed under this section may retain as many surety bondsmen as necessary to conduct business anywhere in this State provided they are properly licensed under Section 38-53-80."
SECTION 4. This act takes effect upon approval by the Governor.
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