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H. 4963
STATUS INFORMATION
General Bill
Sponsors: Rep. Stewart
Document Path: l:\council\bills\dka\3736dw06.doc
Companion/Similar bill(s): 4290
Introduced in the House on April 6, 2006
Currently residing in the House Committee on Judiciary
Summary: Bench warrant
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/6/2006 House Introduced and read first time HJ-5
4/6/2006 House Referred to Committee on Judiciary HJ-5
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 38-53-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BENCH WARRANT, SO AS TO INCREASE FROM THIRTY TO ONE HUNDRED TWENTY THE NUMBER OF DAYS WITHIN WHICH A DEFENDANT'S BOND MUST BE FORFEITED IF THE SURETY FAILS TO SURRENDER THE DEFENDANT OR PLACE A HOLD ON HIS RELEASE FROM INCARCERATION, COMMITMENT, OR INSTITUTIONALIZATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 38-53-70 of the 1976 Code, as last amended by Act 329 of 2002, is further amended to read:
"Section 38-53-70. If a defendant fails to appear at a court proceeding to which he has been summoned, the court must shall issue a bench warrant for the defendant. If the surety fails to surrender the defendant or place a hold on the defendant's release from incarceration, commitment, or institutionalization within thirty one hundred twenty days of the issuance of the bench warrant, the bond shall must be forfeited. At any time Before execution is issued on a judgment of forfeiture against a defendant or his surety, the court may direct that the judgment be remitted in whole or in part, upon conditions as the court may impose, if it appears that justice requires the remission of part or all of the judgment. In making a determination as to remission of the judgment, the court shall consider the costs to the State or any a county or municipality resulting from the necessity to continue or terminate the defendant's trial and the efforts of law enforcement officers or agencies to locate the defendant. The court in its discretion may permit the surety to pay the estreatment in installments for a period of up to six months;. However, the surety must shall pay a handling fee to the court in an amount equal to four percent of the value of the bond. If at any time During the period in which installments are to be paid the defendant is surrendered to the appropriate detention facility and the surety complies with the recommitment procedures, the surety is relieved of any further liability."
SECTION 2. This act takes effect upon approval by the Governor.
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