The bill H. 3844 aims to amend Section 38-53-70 of the South Carolina Code of Laws regarding the issuance of bench warrants for defendants who violate the conditions of their release on bond. The proposed amendment mandates that the clerk of court must issue a bench warrant if a defendant fails to adhere to these conditions. Additionally, the court is required to provide written or electronic notice of the bench warrant's issuance to all parties involved within thirty days.

Furthermore, the bill stipulates that if the surety does not surrender the defendant or place a hold on their release within ninety days of the bench warrant's issuance, the bond will be forfeited. The court retains the discretion to remit the judgment of forfeiture, either in whole or in part, based on considerations of justice and the associated costs to the state or local government. The surety may also be allowed to pay the estreatment in installments over six months, subject to a handling fee. This act will take effect upon the Governor's approval.

Statutes affected:
01/30/2025: 38-53-70
Latest Version: 38-53-70