South Carolina General Assembly
114th Session, 2001-2002

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Bill 3905


                    Current Status

Bill Number:                      3905
Ratification Number:              380
Act Number:                       295
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010410
Primary Sponsor:                  Whipper
All Sponsors:                     Whipper, Altman, R. Brown, Campsen, 
                                  Carnell, Cobb-Hunter, Harvin, Kelley and Koon
Drafted Document Number:          l:\council\bills\skb\18253som01.doc
Date Bill Passed both Bodies:     20020523
Date of Last Amendment:           20020521
Governor's Action:                S
Date of Governor's Action:        20020603
Subject:                          Court fines, fees, assessments, and costs 
                                  may be paid by credit or debit card; 
                                  provisions regarding payment of money paid to 
                                  magistrate or municipal judge in lieu of 
                                  entering into recognizance


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20020617  Act No. A295
------  20020603  Signed by Governor
------  20020528  Ratified R380
House   20020523  Concurred in Senate amendment, 
                  enrolled for ratification
------  20020523  Scrivener's error corrected
Senate  20020521  Amended, read third time, 
                  returned to House with amendment
Senate  20020516  Amended, read second time, 
                  notice of general amendments
Senate  20020515  Committee report: Favorable with       11 SJ
                  amendment
Senate  20020430  Introduced, read first time,           11 SJ
                  referred to Committee
House   20020426  Read third time, sent to Senate
House   20020425  Amended, read second time, 
                  unanimous consent for third reading 
                  on Friday, 20020426
------  20020425  Scrivener's error corrected
House   20020424  Committee report: Favorable            25 HJ
House   20010410  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on April 24, 2002 - Word format
Revised on April 25, 2002 - Word format
Revised on April 25, 2002-A - Word format
Revised on May 15, 2002 - Word format
Revised on May 16, 2002 - Word format
Revised on May 21, 2002 - Word format
Revised on May 23, 2002 - Word format

View additional legislative information at the LPITS web site.


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

(A295, R380, H3905)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-214 SO AS TO AUTHORIZE THE PAYMENT OF FINES, FEES, ASSESSMENTS, COURT COSTS, AND SURCHARGES IN CIRCUIT COURT, FAMILY COURT, MAGISTRATE'S COURT, AND MUNICIPAL COURT BY CREDIT CARD OR DEBIT CARD AND TO IMPOSE A SEPARATE FEE FOR THE ACCEPTANCE OF PAYMENT BY CREDIT CARD; AND TO AMEND SECTION 22-5-530, RELATING TO AN ACCUSED TO BE TRIED BEFORE A MAGISTRATE BEING ENTITLED TO DEPOSIT MONEY IN LIEU OF RECOGNIZANCE, SO AS TO PROVIDE THAT A PERSON HELD OR INCARCERATED IN A JAIL OR DETENTION CENTER WHO IS ENTITLED TO DEPOSIT A SUM OF MONEY IN LIEU OF ENTERING INTO RECOGNIZANCE UNDER THIS SECTION MAY SECURE HIS IMMEDIATE RELEASE FROM CUSTODY BY PAYING TO OR DEPOSITING THE SUM OF MONEY REQUIRED BY THIS SECTION WITH THE JAIL OR DETENTION FACILITY IN WHICH HE IS BEING HELD, AND TO PROVIDE THAT MONEY PAID TO A JAIL OR DETENTION FACILITY UNDER THE AUTHORITY OF THIS SECTION IS DEEMED PAID TO THE MAGISTRATE OR MUNICIPAL JUDGE IN LIEU OF ENTERING INTO RECOGNIZANCE AND MUST BE ACCOUNTED FOR AND PAID OVER TO THE MAGISTRATE OR MUNICIPAL JUDGE BY THE JAIL OR DETENTION FACILITY FOR DISPOSITION ACCORDING TO LAW.

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

Credit or debit card authorized for payment

SECTION 1. The 1976 Code is amended by adding:

"Section 14-1-214. (A) Clerks of court, magistrates, and municipal court judges may:

(1) accept payment by credit card or debit card of a fine, fee, assessment, court cost, or other surcharge; and

(2) impose a fee for processing payment by credit card. Notwithstanding fees imposed by other provisions of law, the clerk of court, magistrate, and municipal court judge must impose a separate fee on the person making a payment by credit card that wholly offsets the amount of administrative fees charged to the court.

(B) If a payment by credit card is not honored by the credit card company on which the funds are drawn:

(1) the court may collect a service charge from the person who owes the fine, fee, assessment, court cost, or other surcharge. The service charge is an addition to the original fine, fee, assessment, court cost, or other surcharge and is for the collection of that original amount. The amount of the service charge must be the same amount as the fee charged for the collection of a check drawn on an account with insufficient funds; and

(2) the underlying obligation survives and the state or local government retains all remedies for enforcement which would have applied if the credit card transaction had not occurred.

(C) The court collecting a fee or service charge pursuant to this section must deposit the credit card fee or service charge in the general fund of the court's respective governmental unit.

(D) The clerk of court, magistrate, or municipal court judge who accepts payment by credit card or debit card pursuant to this section may refuse acceptance of credit or debit cards of an individual if:

(1) the individual has been convicted of a violation of Chapter 14 of Title 16;

(2) the individual has previously tendered to the court a credit or debit card or credit or debit card information which did not ultimately result in payment by the credit or debit card issuer;

(3) the bank or credit card issuer does not authorize payment; or

(4) the validity of the credit or debit card is not verifiable."

Deposit of money for incarcerated person, procedure to pay jail or detention facility

SECTION 2. Section 22-5-530 of the 1976 Code is amended to read:

"Section 22-5-530. (A) A person charged and to be tried before a magistrate or municipal judge for a violation of law is entitled to deposit with the magistrate or municipal judge, in lieu of entering into recognizance, a sum of money not to exceed the maximum fine in the case for which the person is to be tried.

(B) In a jurisdiction in which the governing body has established a system for receipt of deposits in lieu of recognizance, a person held or incarcerated in a jail or detention center who is entitled to deposit a sum of money in lieu of entering into recognizance under this section may secure his immediate release from custody by paying to or depositing the sum of money required by this section with the jail or detention facility in which he is being held.

(C) Money paid to or deposited with a jail or detention facility under the authority of this section is considered paid to or deposited with the magistrate or municipal judge in lieu of entering into recognizance and must be accounted for and paid over to the magistrate or municipal judge by the jail or detention facility for disposition according to law. Money paid to or deposited pursuant to this section must be accounted for and audited in the manner required by the governing body and any other appropriate agency.

The provisions of this section must not be construed to abrogate or otherwise affect the notice requirements for victims of crime and other rights of victims of crime provided for in Article 5 of Title 16."

Time effective

SECTION 3. This act takes effect July 1, 2002, and applies to the payment of fines, fees, assessments, court costs, and surcharges made on or after that date.

Ratified the 28th day of May, 2002.

Approved the 3rd day of June, 2002.

__________


This web page was last updated on Tuesday, December 8, 2009 at 11:31 A.M.