1. Applicable Statutes

Code of Laws of South Carolina 1976, Annotated. Title 38: Insurance, Chapter 53: Bail Bondsmen and Runners

Code of Laws of South Carolina 1976, Annotated. Title 17: Criminal Procedures, Chapter 15: Bail and Recognizances

The regulatory body is the Department of Insurance.

2. Licensing Requirements

All professional bondsmen, surety bondsmen and “runners” must be licensed and comply with the following for licensure: [Code 1976 § 38-53-85, 90]

• Be eighteen years of age or older;
• Be a resident of this State;
• Be a person of good moral character and have not been convicted of a felony or any crime involving moral turpitude within the last ten years;
• Have knowledge, training, or experience of sufficient duration and extent to satisfy reasonably the director or his designee that he possesses the competence necessary to fulfill the responsibilities of a licensee.
• Submit appropriate application forms and fee
• Submit fingerprints and a photograph
• Complete at least 20 hours of education in pertinent subjects
• Pass a written examination at the conclusion of the coursework
• In order to renew a license, complete six hours of continuing education in subjects related to the duties of a professional or surety bondsman or runner. (The six-hour annual requirement is in addition to the twenty-four hour continuing education requirement for surety insurance agents as required by Section 38-43-106.)

3. Notice of Forfeiture

Whenever the recognizance is forfeited by noncompliance with its condition, the Attorney General, solicitor, magistrate, or other person acting for him immediately shall issue a notice to summon every party bound in the forfeited recognizance to appear at the next ensuing court to show cause, if he has any, why judgment should not be confirmed against him. [Code 1976 § 17-15-170]

If a defendant fails to appear at a court proceeding to which he has been summoned, the court must issue a bench warrant for the defendant. [Code 1976 § 38-53-70]

4. Forfeiture to Judgment

If a defendant fails to appear at a court proceeding to which he has been summoned, the court must issue a bench warrant for the defendant. If the surety fails to surrender the defendant or place a hold on the defendant's release from incarceration, commitment, or institutionalization within thirty days of the issuance of the bench warrant, the bond shall be forfeited. [Code 1976 § 38-53-70]

If any person so bound fails to appear after a notice of forfeiture is issued, or upon appearing, does not give a reason for not performing the condition of the recognizance as the court considers sufficient, then the judgment on the recognizance is confirmed. [Code 1976 § 17-15-170]

5. Defenses to Forfeiture

If any person shall forfeit a recognizance from ignorance or unavoidable impediment and not from willful default, the court of sessions may, on affidavit stating the excuse or cause thereof, remit the whole or any part of the forfeiture as may be deemed reasonable. [Code 1976 § 17-15-180]

6. Remission

If any person shall forfeit a recognizance from ignorance or unavoidable impediment and not from willful default, the court of sessions may, on affidavit stating the excuse or cause thereof, remit the whole or any part of the forfeiture as may be deemed reasonable. [Code 1976 § 17-15-180]

In making a determination as to remission of the judgment, the court shall consider the costs to the State or any county or municipality resulting from the necessity to continue or terminate the defendant's trial and the efforts of law enforcement officers or agencies to locate the defendant. The court in its discretion may permit the surety to pay the estreatment in installments for a period of up to six months; however, the surety must pay a handling fee to the court in an amount equal to four percent of the value of the bond.

If at any time during the period in which installments are to be paid the defendant is surrendered to the appropriate detention facility and the surety complies with the re-commitment procedures, the surety is relieved of any further liability. [Code 1976 § 38-53-70]

7. Bail Agent's Arrest Authority

For the purpose of surrendering the defendant, the surety may arrest him before the forfeiture of the undertaking or, by his written authority endorsed on a certified copy of the undertaking, may request any judicial officer to order the arrest of the defendant by the surety. [Code 1976 § 38-53-60]

An agent's authority to arrest the defendant after forfeiture is not specifically provided for, but can be inferred from the remission procedures and restrictions on runners.

8. Other Noteworthy Provisions

Notwithstanding any other provision of law, the department must suspend for a period of five years the license of a bail bondsman, his associates, affiliates, or runners who refer defendants to attorneys. However, nothing contained in this section shall be construed to prohibit a bail bondsman, his associates, affiliates, or runners from indicating to a defendant that he should contact an attorney for professional assistance, as long as the bail bondsman, his associates, affiliates, or runners do not mention or in any other manner suggest or indicate a particular attorney or law firm by name. [Code 1976 § 38-53-102]

9. Noteworthy Appellate Decisions

State v. Cochran , 358 S.C. 24 (S.C.,2004).

A defendant failed to appear and the court forfeited the bond. The bonding company appealed, and contended that it was not liable. The Supreme Court held that the bail bonding company was the surety, rather than mere agent of insurance company, and, therefore, was liable to state for estreatment after defendants' failure to appear and forfeiture of bonds. Though the insurer had appointed the company as its agent, the company had signed each bond on the line for the name of the surety. Further, the court held that the power of attorney form attached to the bonds demonstrated that the insurance company agreed only to underwrite the bonds. Therefore, the bail bonding company was liable to the state for the amount.

Carson v. Vance, 326 S.C. 543, 485 S.E.2d 126 (S.C.App. 1997).

Bystander who had been shot while agent for North Carolina bail bond company attempted to apprehend bail jumper in South Carolina obtained default judgment in North Carolina against owner of company, who was North Carolina resident, and sought to enforce default judgment in South Carolina . The Circuit Court granted plaintiff's motion for enforcement, and defendant appealed. The Court of Appeals held that: (1) actions of bond company's agent which occurred in North Carolina were attributable to owner for purposes of determining whether owner was subject to personal jurisdiction in North Carolina , and (2) owner had sufficient contacts with North Carolina to allow exercise of jurisdiction. The lower court's order enforcing the judgment against the bonding company was upheld.

Anderson County v. Indiana Lumbermens Mut. Ins. Co. , 304 S.C. 363, 404 S.E.2d 718 (S.C.App. 1991).

County brought action to enforce three judgments rendered against bonding company, arising from bail bonds estreated in general sessions court. County sought to enforce judgments against surety which granted to bonding company power of attorney to execute and deliver bail bonds on its behalf. The Court of Common Pleas, Anderson County , William B. Traxler, Jr., J., ruled in favor of county, and surety appealed. The Court of Appeals held that: (1) Court of Common Pleas had subject matter jurisdiction to determine whether judgments could be enforced against surety, and (2) since notice of proceeding to estreat bonds was only given to bonding company, surety was not bound by judgments entered in proceedings. Affirmed in part, reversed in part, and remanded.

State v. Holloway , 262 S.C. 552 (S.C. 1974).

The amount of any remission of a forfeited bond is within the discretion of the court and will be determined by the totality of the circumstances surrounding the forfeiture and return to custody of the defendant. Where the defendant was released after signing a bond but failed to appear for trial, and surety presented him to the court at bond forfeiture hearing, his surrender after default did not entitle the surety to a remission of the forfeiture, as a matter of right, since the extent of the remission, if any, was within the discretion of the court.

10. Bounty Hunter Provisions

The closest thing to a bounty hunter in South Carolina is a “runner,” defined as:

A person employed by a bail bondsman for the purpose of assisting the bail bondsman in presenting the defendant in court when required, assisting in the apprehension and surrender of the defendant to the court, keeping the defendant under necessary surveillance, and executing bonds on behalf of the licensed bondsman when the power of attorney has been recorded. "Runner" does not include an attorney or a law enforcement officer assisting a bondsman. [Code 1976 § 38-53-10]

In addition to the licensing procedures for bail bondsmen, runners must comply with the following supplementary requirements:

• The applicant will be employed by only one bail bondsman who shall supervise the work of the applicant and is responsible for the runner's conduct in the bail bond business;
• The application is endorsed by the appointing bail bondsman who shall obligate himself in the application to supervise the runner's activities. [Code 1976 § 38-53-120]