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S 0367 - Requires an appearance bond to convert to a personal recognizance bond after 18 months for a municipal court offense

Tracking Level: Of Interest
Sponsor: Brian Adams
Last Action: 2/27/2023 - Scrivener's error corrected
Senate Committee: Judy
Assigned To:
CourtsNext Bill

Staff Analysis of the Legislation

02.21.2023 The Senate Judiciary Committee gave this bill a favorable report as amended by the subcommittee.
02.15.2023 A Senate Judiciary subcommittee gave this bill a favorable report as amended. The amendment specifies two tiers of electronic monitoring, tasks the SC Law Enforcement Division to oversee electronic monitoring and changes the effective date to 180 days after the Governor’s signature to give SLED time to promulgate regulations. 
02.07.2023 A Senate Judiciary subcommittee carried this bill over.
01.24.2023 A Senate Judiciary subcommittee heard testimony on the bill but did not take action.
Summary of the bill as introducedRequires an appearance bond to automatically convert to a personal recognizance bond after 18 months for a municipal court offense.


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Session 125 - (2023-2024)Printer Friendly
(pdf format)
S 0367 General Bill, By Adams, M. Johnson, Kimbrell, Garrett, Rice, Harpootlian, Cash, Senn, Cromer and Gustafson
Summary: Bonds and Electronic Monitoring
    A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 17-15-20, RELATING TO CONDITIONS OF APPEARANCE, RECOGNIZANCE, OR APPEARANCE BOND; DISCHARGE, VALIDITY, AND RELIEF OF SURETY, SO AS TO PROVIDE THAT AN APPEARANCE BOND SHALL AUTOMATICALLY CONVERT TO A PERSONAL RECOGNIZANCE BOND AFTER THREE YEARS FOR A CIRCUIT COURT OFFENSE AND AFTER EIGHTEEN MONTHS FOR A MAGISTRATE'S OR MUNICIPAL COURT OFFENSE; BY AMENDING SECTION 17-15-30, RELATING TO MATTERS TO BE CONSIDERED IN DETERMINING CONDITIONS OF RELEASE, TO PROVIDE THAT THE COURT MUST CONSIDER A DEFENDANT'S PRIOR CHARGES AND EXISTING BONDS WHEN DETERMINING BOND; BY AMENDING SECTION 38-53-10 TO ESTABLISH A DEFINITION FOR ELECTRONIC MONITORING; BY AMENDING SECTION 38-53-50, RELATING TO SURETY RELIEVED ON BOND, TO PROVIDE THAT FAILURE TO PAY PREMIUM FEES ALONE IS NOT SUFFICIENT REASON TO WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; BY AMENDING SECTION 38-53-70, RELATING TO ISSUANCE OF BENCH WARRANT, TO PROVIDE THAT THE COURT MUST NOTIFY THE BONDSMAN WITHIN THIRTY DAYS OF THE ISSUANCE OF A BENCH WARRANT; BY ADDING SECTION 38-53-83 TO PROVIDE THAT ONLY A QUALIFIED AND LICENSED BONDSMAN OR RUNNER MAY ENGAGE IN ELECTRONIC MONITORING OF A DEFENDANT; BY ADDING SECTION 38-53-84 TO PROVIDE THAT A PERSON ENGAGED IN THE ELECTRONIC MONITORING OF A DEFENDANT MUST NOTIFY THE SOLICITOR WITHIN FORTY-EIGHT HOURS OF ANY VIOLATION OF A CONDITION OF THE BOND BY THE DEFENDANT AND TO PROVIDE THAT FAILURE TO PAY THE MONITORING FEES IS A REVOKABLE CONDITION OF THE BOND; BY AMENDING SECTION 38-53-170, RELATING TO UNLAWFUL ACTS BY A BONDSMAN, TO PROVIDE CONDITIONS FOR THE PAYMENT AND COLLECTION OF PREMIUMS, FEES, AND COLLATERAL; AND BY AMENDING SECTION 38-53-310, RELATING TO WRITTEN REPORT TO BE FILED WITH CLERK OF COURT, TO PROVIDE THAT A BONDSMAN MUST PROVIDE A WRITTEN REPORT TO THEIR INSURANCE PROVIDER WITHIN THIRTY DAYS OF EACH BOND, AND TO PROVIDE THAT THE REQUIREMENT FOR MONTHLY REPORTS TO THE CLERK OF COURT MAY BE SATISFIED WITH GIVING THE CLERK ACCESS TO AN ELECTRONIC DATABASE THAT CONTAINS THE REQUIRED INFORMATION.
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01/10/23Senate Introduced and read first time (Senate Journal-page 209)
01/10/23Senate Referred to Committee on Judiciary (Senate Journal-page 209)
01/12/23Senate Referred to Subcommittee: Malloy (ch), Sabb, Adams, Garrett, Gustafson
02/09/23 Scrivener's error corrected
02/22/23Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 16)
02/27/23 Scrivener's error corrected



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Municipal Association of South Carolina
1411 Gervais St., PO Box 12109, Columbia, SC 29211
Phone: 803.799.9574, Fax: 803.933.1299, mail@masc.sc