Indicates Matter Stricken

Indicates New Matter

Committee Report

February 22, 2023

S. 367

Introduced by Senators Adams, M. Johnson, Kimbrell, Garrett, Rice, Harpootlian, Cash, Senn and Cromer

S. Printed 02/22/23--S.                                                                          [SEC 2/27/2023 2:18 PM]

Read the first time January 10, 2023

________

The committee on Senate Judiciary

To who was referred a Bill (S. 367) 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, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, SECTION 2, by striking Section 17-15-30(B)(2) and inserting:

       (2) any current charges, any prior charges, and existing bonds on prior charges, pending against a person at the time release is requested;

Amend the bill further, by deleting SECTION 3.

Amend the bill further, SECTION 6, by striking Section 38-53-83 and inserting:

    Section 38-53-83.  No person may engage in electronic monitoring of a defendant released by a court of competent jurisdiction pursuant to a bail bond unless that person is qualified as an approved monitoring agency pursuant to the provisions of  Section 17-15-35.

Amend the bill further, by deleting SECTION 7.

Amend the bill further, SECTION 8, Section 38-53-170, by striking the undesignated paragraph between (e) and (f) and inserting:

    However, the bondsman is permitted to enter into a payment agreement by attaching a statement of bondsman to the bond proceeding. This payment agreement may not be altered and must not exceed eighteen months after the date on which the bond was executed. If the payment has not been made for two consecutive months, the bondsman must send a certified notice to the last known address of the principal and indemnitor demanding payment be made within ten days to bring the agreement current. If no payment is received by the end of the notice period, the bondsman must surrender the principal to the proper detention facility for holding and file a motion to be relieved as provided in Section 38-53-50(A) or (B), at which time the agreement must be accelerated, and the balance paid in full, before or at the motion hearing for the principal to be rereleased on bond. The bondsman may accept collateral security or other indemnity from the principal which must be returned upon within ten days after final termination of liability on the bond unless a bench warrant has been issued. 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. If the bond is forfeited, a bondsman may not convert collateral described in the collateral receipt to cash until he has provided a ten-day notice of this pending conversion to the depositor. This notice must be sent by certified mail to the last known address of the depositor. After the conversion, the bondsman must disclose the actual amount received to the depositor and must return any amount received that exceed the final judgment or consent amount, less any reasonable expenses. These reasonable expenses include apprehension and legal costs incurred as a result of the violation of the bond. The bondsman must provide the depositor copies of all receipts and, if applicable, the overage money within three days after settlement;

Amend the bill further, by adding appropriately numbered SECTIONS to read:

SECTION X. Chapter 15, Title 17 of the S.C. Code is amended by adding:

    Section 17-15-35.  (A) As used in this section:

       (1) "Approved active electronic monitoring device" and "monitoring device" mean either a tier one or tier two device approved by the South Carolina Law Enforcement Division;

       (2) "Tier one device" means a body-worn device that actively monitors and records a person's location at least once every minute for twenty-four hours a day and that timely records and reports the person's presence, including whether near or within a prohibited area or the person's departure from a specified geographic location, which is utilized by the approved electronic monitoring company who can provide live monitoring capability in conjunction with an internet-based computer system. The device must be approved by the South Carolina Law Enforcement Division, is resistant to removal from the person's body without alarm, and must be resistant or impervious to unintentional or willful damage;

       (3) "Tier two device" means a device or mobile phone application approved by the South Carolina Law Enforcement Division that is not body-worn which records or transmits oral or wire communications or an auditory sound, visual images, or information regarding the person's location and activities including, but not limited to mobile phone applications, that must verify live biometric, photographic, or videographic identification information;

       (4) "Approved electronic monitoring agency" means a law enforcement agency, licensed bondsman or bonding company, or electronic monitoring company that is certified by the South Carolina Law Enforcement Division to supply, maintain, and monitor electronic monitoring devices to participants ordered by the court to wear electronic monitoring devices under the provisions of this section;

       (5) "SLED" means the South Carolina Law Enforcement Division.

       (6) "Monitoring agency" or "agency" means an approved electronic monitoring agency. 

       (7) "Participant" means a person, ordered by the court or as a condition of bond to wear or possess an approved tier one or tier two electronic monitoring device.

    (B)(1) The court, in its discretion, may, for a person charged with a violation of criminal offense under the jurisdiction of the court of general sessions or any offense where the court finds sufficient evidence of a concern for the victim's safety or the safety of