South Carolina § 38-53-70 Issuance of bench warrant; remission of judgment.

South Carolina Statutes

§ 38-53-70 — Issuance of bench warrant; remission of judgment.

South Carolina § 38-53-70

Title 38INSURANCE

Ch. 53BAIL BONDSMEN AND RUNNERS

This text of South Carolina § 38-53-70 (Issuance of bench warrant; remission of judgment.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 38-53-70 (2026).

Text

If a defendant violates the conditions of release on bond, the court shall issue a bench warrant for the defendant. The court must provide written or electronic notice of the issuance of the bench warrant within thirty days of its issuance to every party bound in the recognizance. If the surety fails to surrender the defendant or place a hold on the defendant's release from incarceration, commitment, or institutionalization within ninety days of the issuance of the bench warrant, the bond is forfeited. At any time before execution is issued on a judgment of forfeiture against a defendant or his surety, the court may direct that the judgment be remitted in whole or in part, upon conditions as the court may impose, if it appears that justice requires the remission of part or all of the judgm

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If a defendant violates the conditions of release on bond, the court shall issue a bench warrant for the defendant. The court must provide written or electronic notice of the issuance of the bench warrant within thirty days of its issuance to every party bound in the recognizance. If the surety fails to surrender the defendant or place a hold on the defendant's release from incarceration, commitment, or institutionalization within ninety days of the issuance of the bench warrant, the bond is forfeited. At any time before execution is issued on a judgment of forfeiture against a defendant or his surety, the court may direct that the judgment be remitted in whole or in part, upon conditions as the court may impose, if it appears that justice requires the remission of part or all of the judgment. In making a determination as to remission of the judgment, the court shall consider the costs to the State or a 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 shall 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 recommitment procedures, the surety is relieved of further liability.

Legislative History

HISTORY: Former 1976 Code SECTION 38-53-70 [1975 (59) 127] recodified as SECTION 38-25-570 by 1987 Act No. 155, SECTION 1; Former 1976 Code SECTION 38-63-70 [1985 Act No. 189, SECTION 1] recodified as SECTION 38-53-70 by 1987 Act No. 155, SECTION 1; 1998 Act No. 425, SECTION 2; 2002 Act No. 329, SECTION 3F, eff July 1, 2002; 2008 Act No. 346, SECTION 4, eff June 25, 2008; 2023 Act No. 83 (H.3532), SECTION 14, eff June 20, 2023. Effect of Amendment 2023 Act No. 83, SECTION 14, rewrote the first two sentences.