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					BIL:     290
TYP:     General Bill GB
INB:     Senate
IND:     19990112
PSP:     Bryan
SPO:     Bryan, Leventis
DDN:     l:\s-jud\bills\bryan\jud0007.jeb.doc
CBN:     3525
RBY:     Senate
COM:     Banking and Insurance Committee 02 SBI
SUB:     Bail bonds, runners may execute for bondsman when power of attorney
         recorded; Courts, Magistrates


HST:

Body     Date       Action Description                        Com     Leg Involved
______   ________   _______________________________________   _______ ____________
Senate   19990112   Introduced, read first time,              02 SBI
                    referred to Committee
Senate   19981216   Prefiled, referred to Committee           02 SBI


Printed Versions of This Bill




TXT:
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 9                                A BILL
10
11   TO AMEND SECTION 38-53-10, CODE OF LAWS OF SOUTH
12   CAROLINA, 1976, RELATING TO BAIL BONDS, SO AS TO
13   REVISE THE DEFINITION OF RUNNER AND TO FURTHER
14   PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON
15   BEHALF OF A LICENSED BONDSMAN WHEN A POWER OF
16   ATTORNEY HAS BEEN RECORDED; TO AMEND SECTION
17   38-53-200, RELATING TO THE SIGNING OF BONDS, SO AS
18   TO PROVIDE THAT A RUNNER MAY SIGN A BOND.
19
20   Be it enacted by the General Assembly of the State of South
21   Carolina:
22
23   SECTION 1. Section 38-53-10 of the 1976 Code is amended to
24   read:
25
26      “Section 38-53-10. As used in this chapter:
27       (1) „Accommodation bondsman‟ means a person who has
28   reached the age of eighteen years, is a resident of this State, who,
29   aside from love and affection and release of the person concerned,
30   receives no consideration for action as surety, and who endorses
31   the bail bond after providing satisfactory evidence of ownership,
32   value, and marketability of real property to the extent necessary to
33   reasonably satisfy the official taking bond that the real or personal
34   property will in all respects be sufficient to assure that the full
35   principal sum of the bond will be realized in the event of breach of
36   the conditions of the bond. „Consideration‟ as used in this item
37   does not include the legal rights of a surety against a defendant by
38   reason of breach of the conditions of a bail bond nor does it
39   include collateral furnished to and securing the surety so long as
40   the value of the surety‟s rights in the collateral does not exceed the
41   defendant‟s liability to the surety by reason of a breach in the
42   conditions of the bail bond.

     [290]                             1
 1      (2) „Bail bond‟ means an undertaking by the defendant to
 2   appear in court as required upon penalty of forfeiting bail to the
 3   State in a stated amount and may include an unsecured appearance
 4   bond, a premium-secured appearance bond, an appearance bond
 5   secured by a cash deposit of the full amount of the bond, an
 6   appearance bond secured by a mortgage, and an appearance bond
 7   secured by at least one surety.
 8      (3) „Bail bondsman‟ means a surety bondsman, professional
 9   bondsman, or an accommodation bondsman as defined in this
10   chapter.
11      (4) „Clerk of court‟, unless otherwise specified, means the
12   clerk of the circuit court of the county in the state where the
13   bondsman is currently writing or obligated on the majority of those
14   bail bonds which he has written or on which he is obligated.
15      (5) „Court‟, unless otherwise specified, means circuit,
16   magistrate‟s, or municipal court.
17      (6) „Insurer‟ means any domestic, foreign, or alien surety
18   company which has qualified generally to transact surety business
19   and specifically to transact bail bond business in this State.
20      (7) „Obligor‟ means a principal or a surety on a bail bond.
21      (8) „Principal‟ means a defendant or witness obligated to
22   appear in court as required upon penalty of forfeiting bail under a
23   bail bond.
24      (9) „Professional bondsman‟ means any person who is
25   approved and licensed under the provisions of this chapter and
26   who pledges cash or approved securities with the clerk of court as
27   security for bail bonds written in connection with a judicial
28   proceeding and receives or is promised money or other things of
29   value for the pledge.
30      (10) „Runner‟ means a person employed by a bail bondsman for
31   the purpose of assisting the bail bondsman in presenting the
32   defendant in court when required, assisting in the apprehension
33   and surrender of the defendant to the court, and keeping the
34   defendant under necessary surveillance, and executing bonds on
35   behalf of the licensed bondsman when the power of attorney has
36   been recorded. „Runner‟ does not include an attorney or a law
37   enforcement officer assisting a bondsman.
38      (11) „Surety‟ means one who, with the defendant, is liable for
39   the amount of the bail bond upon forfeiture of bail.
40      (12) „Surety bondsman‟ means any person who is approved by
41   and licensed by the director or his designee as an insurance agent,
42   appointed by an insurer by power of attorney to execute or
43   countersign bail bonds for the insurer in connection with judicial

     [290]                            2
 1   proceedings, and receives or is promised money or other things of
 2   value for the execution or countersignature.
 3      (13) „Appropriate judge‟ means a magistrate, municipal, or
 4   circuit court judge who has jurisdiction over the defendant.
 5      (14) „Good cause‟ means the violation of a specific term of the
 6   bail bond not to include the nonpayment of fees.”
 7
 8   SECTION 2. Section 38-53-200 of the 1976 Code is amended to
 9   read:
10
11     “Section 38-53-200. A professional or surety bondsman may
12   not sign or countersign blank bail bonds, nor may he give a power
13   of attorney to, or otherwise authorize, anyone to countersign his
14   name to bonds unless the person so authorized is a licensed
15   bondsman or runner directly employed by the bondsman giving
16   power of attorney. Copies of all the powers of attorney and
17   revocations of the powers of attorney issued by an insurer
18   appointing surety bondsmen must be filed immediately with the
19   department and the clerk of the circuit court of the county in the
20   State where the bondsman giving the power of attorney is currently
21   writing or is obligated on bail bonds.”
22
23   SECTION 3. This act takes effect upon approval by the Governor.
24                            ----XX----




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