South Carolina H 4512: Step Up & Be Safe Month

Bill Text

2025-2026 Bill 4512 Text of Previous Version (May. 06, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4512

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
38-53-175 SO AS TO LIMIT THE AMOUNT OF A BOND PREMIUM, ESTABLISH A MINIMUM FEE, 
AND PERMIT PAYMENT AGREEMENTS IN EXCESS OF TEN PERCENT; AND BY AMENDING SECTION 
38-53-170, RELATING TO UNLAWFUL ACTS OF BONDSMEN OR RUNNERS, SO AS TO REMOVE 
REFERENCES TO LIMITATIONS AND OTHER RESTRICTIONS ON BOND AGREEMENTS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Chapter 53, Title 38 of the S.C. Code is amended by 
adding:

 Section 
38-53-175. (A) The bond premium may 
not exceed fifteen percent of the face amount of the bond.

 (B) A 
bondsman must charge and collect a minimum fee of one hundred dollars or ten 
percent of the bond, whichever is greater, before the execution of the bond.

 (C) 
Payment agreements are permitted for amounts in excess of ten percent of the 
bond but are otherwise prohibited.

SECTION 2. Section 38-53-170(e) of the S.C. Code is amended to 
read:

 (e) accept anything of value from a 
principal except the premium, which may not exceed fifteen 
percent of the face amount of the bond, with a minimum fee of one hundred 
dollars or ten percent of the bond, whichever is greater, that must be charged 
and collected by the bondsman before the execution of the bond. 
Conditions of the bond which expressly or implicitly require payment of monies 
in excess of the premium, as a cost of satisfying the condition of the bond, 
shall not be considered part of the bondsman's premium, and are not affected by 
this code provision. The bondsman may collect these fees from the defendant 
and is not limited by any language requirements of this code provision.

 However, the bondsman is 
permitted to enter into a payment agreement by attaching a statement of 
bondsman to the bond proceeding form and this agreement shall require the 
principal on the bail bond or any indemnitor to make a minimum down payment of 
one hundred dollars. 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 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 exceeds the final judgement 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;

SECTION 3. This act takes effect upon approval 
by the Governor.

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This web page was last updated on May 06, 2025 at 10:26 PM