H 5401

South Carolina General Assembly
126th Session, 2025-2026
Bill 5401
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Indicates Matter Stricken
Indicates New Matter
Amended
April 16, 2026
H. 5401
Introduced
by Rep. Robbins
S. Printed 4/16/26--H.
Read the first time March 24, 2026
________
A bill
TO AMEND THE SOUTH
CAROLINA CODE OF LAWS BY AMENDING SECTION 17-15-37, RELATING TO ELECTRONIC
MONITORING BY THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO ESTABLISH
NEW OFFENSES AND PROVIDE PENALTIES; AND BY AMENDING SECTION 38-53-84, RELATING
TO NOTIFICATION OF ELECTRONIC MONITORING VIOLATIONS, SO AS TO PROHIBIT BONDSMEN
FROM KNOWINGLY CONTRACTING WITH, REFERRING, OR OTHERWISE UTILIZING THE SERVICES
OF AN UNCERTIFIED ELECTRONIC MONITORING COMPANY.
    Amend Title To Conform
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Section 17-15-37 of the S.C. Code is amended to read:
    Section
17-15-37.  (A) The South Carolina
Law Enforcement Division may promulgate regulations to effectuate the intent of
Section 17-15-35 and this section, develop standards for the use and approval
of active electronic monitoring devices, and shall certify electronic monitoring
agencies, including law enforcement agencies, electronic monitoring companies,
and bondsmen and bonding companies. SLED must keep a public list of those
companies that are certified.
    (B)
The approved electronic monitoring agency must:
       (1)
provide active electronic monitoring devices or mobile phone applications
approved by SLED that must provide verifiable identity and location information
at regular and random intervals throughout the day, and that timely record and
report the person's presence near or within a prohibited area or the person's
departure from a specified geographic location;
       (2)
allow any law enforcement agency, including the prosecutor's office, to have
access to real-time monitoring, if possible, and any reports requested by law
enforcement or the prosecution must be provided within twenty-four hours of the
request;
       (3)
notify the solicitor having jurisdiction over the participant and the bondsman
within forty-eight hours when he becomes aware or should have become aware that
the participant has violated any provision of the court's order for electronic
monitoring, or the participant has been surrendered to the custody of law
enforcement; and
       (4)
immediately notify local law enforcement and make reasonable attempts to
immediately notify the victim if the participant violates any exclusion zones
related to the victim.
    (C)
Failure of the electronic monitoring agency to maintain compliance with
regulations established by SLED, the order of the court, or any applicable
statute shall be reported to SLED by the solicitor for administrative action.
SLED may impose a fine, or suspend or revoke the certification for any approved
agency who demonstrates a failure to maintain the standards and reporting
requirements set forth under the regulations and appropriate statutes.
    (D) A person or entity that knowingly
operates an electronic monitoring company who is not certified by SLED pursuant
to subsection (A) is guilty of a misdemeanor and, upon conviction, must be
fined not more than three thousand dollars or imprisoned not more than three
years, or both.
    (E) A person or entity that:
       (1) knowingly and wilfully falsifies,
forges, alters, or misrepresents certification issued by SLED;
       (2) knowingly submits false
documentation to SLED for the purpose of obtaining certification;
       (3) operates an electronic monitoring
company after having been formally denied certification or after certification
has been suspended or revoked by SLED; or
       (4) knowingly represents to a court,
bondsman, defendant, or governmental agency that the company is SLED-certified
when it is not that subsequently results in an economic benefit to the person
or entity is guilty of making a false statement or misrepresentation and must
be punished in accordance with Section 38-55-540. For purposes of this
subsection, economic benefit means revenue generated from providing electronic
monitoring subsequent to an initial false statement or misrepresentation.
    (F) Nothing in this section limits the
authority of SLED to seek injunctive relief, pursue administrative sanctions,
revoke certification, or promulgate regulations consistent with this section.
    (G) Upon notice to the defendant, the
defendant's counsel of record, if any, and the surety, if applicable, that the
electronic monitoring company providing services is not certified by SLED, the
defendant shall have seventy-two hours from receipt of such notice to notify
the court and obtain proof that the defendant has contracted with and is being
monitored by a SLED-certified electronic monitoring company.
       (1) Failure to comply with the
requirements within seventy-two hours constitutes a violation of a condition of
bond.
       (2) Upon such violation, the court may
impose sanctions as authorized by law including, but not limited to,
modification or revocation of bond, issuance of a bench warrant, or any other
sanction deemed appropriate by the court.
       (3) Notice under this section may be
provided in writing by the court, the clerk of court, the Office of the
Solicitor, or by any other method reasonably calculated to provide actual
notice to the defendant.
       (4) A defendant subject to electronic
monitoring shall not be penalized, found in violation of bond conditions, or
otherwise sanctioned solely due to the failure of an electronic monitoring
company or bonding company to comply with the certification requirements of
this section.
SECTION 2.  Section
38-53-84 of the S.C. Code is amended to read:
    Section
38-53-84.  (A) A person engaged in
electronic monitoring of a defendant must, within forty-eight hours, notify the
solicitor having jurisdiction over the defendant when he becomes aware or
should have become aware that the defendant has violated any provision of the
court's order for electronic monitoring.  Failure of a defendant to timely pay
the bondsman the full monthly electronic monitoring fee associated with the
cost of the electronic monitoring device and the associated cost of the
monitoring service shall, in and of itself, constitute good cause for the
bondsman to file a motion to be relieved on the bond and to surrender the
defendant to the custody of the appropriate detention facility pursuant to
Section 38-53-50.
    (B) A professional bondsman, surety bondsman, or bonding company
must not knowingly contract with, refer a defendant to, or otherwise utilize
the services of an electronic monitoring company not certified pursuant to
Section 17-15-37.
    (C) Failure of the bondsman to
maintain compliance with the reporting requirement of subsection (A) or a violation of subsection
(B) shall be reported to the South Carolina Department of Insurance by
the solicitor for administrative action whereby the bondsman's license may be
fined, suspended, or revoked.
SECTION 3.  This act takes effect upon approval
by the Governor.
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This web page was last updated on April 16, 2026 at 03:37 PM