Current Status Bill Number:92 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:McConnell All Sponsors:McConnell, Rose, Elliott, Wilson Drafted Document Number:DKA\3468CM.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:19950425 Subject:Bail, when may be denied
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950426 Introduced, read first time, 25 HJ
referred to Committee
Senate 19950426 Read third time, sent to House
Senate 19950425 Amended, read second time,
ordered to third reading
with notice of general amendments
Senate 19950420 Committee report: Favorable with 11 SJ
amendment
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941003 Prefiled, referred to Committee 11 SJ
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 25, 1995
S. 92
Introduced by SENATORS McConnell, Rose, Elliott and Wilson
S. Printed 4/25/95--S.
Read the first time January 10, 1995.
TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELEASE OF A NONCAPITAL OFFENDER ON HIS OWN RECOGNIZANCE, SO AS TO PROVIDE FOR THE OFFENSES FOR WHICH AND THE CIRCUMSTANCES UNDER WHICH BAIL MAY BE DENIED AND TO DEFINE VIOLENT CRIMES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-15-10 of the 1976 Code is amended to read:
"Section 17-15-10. (A) Any Unless otherwise provided in this section, a person charged with a noncapital offense triable in either the magistrate's, county or circuit court, shall, at his appearance before any of such the courts, must be ordered released pending trial on his own recognizance without surety in an amount specified by the court, unless. However, the court, giving due weight to the evidence and the nature and circumstances of the event, may deny bail to a person if the person:
(1) was already released on bail for a separate capital offense, separate offense punishable by life imprisonment, or separate violent offense charge when this offense was committed;
(2) is charged with a violent offense and poses a substantial danger to another person or to the community and no conditions of release may be imposed which reasonably will assure the safety of the other person or the community; or
(3) has been convicted of a separate capital offense, a separate offense punishable by life imprisonment, or a separate violent offense, unless he has completed the probationary or parole period or all terms of his sentence.
(B) If the court determines in its discretion that such a the release reasonably will not reasonably assure the appearance of the person as required, or unreasonable danger to the community will result. If such a determination is made by the court, it may impose any one or more of the following conditions of release:
(a)(1) Require require the execution of an appearance bond in a specified amount with good and sufficient surety or sureties approved by the court;
(b)(2) Place place the person in the custody of a designated person or organization agreeing to supervise him;
(c)(3) Place place restrictions on the travel, association, or place of abode of the person during the period of release;
(d)(4) Impose any impose other conditions deemed considered reasonably necessary to assure appearance as required, including a condition that the person return to custody after specified hours.
(C) As used in this section, `violent offense' means the following crimes:
16-1-40 Accessory, for any offense enumerated in this subsection
16-1-80 Attempt, for any offense enumerated in this subsection
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-50 Voluntary manslaughter
16-3-85 Homicide by child abuse
(B)(1)
16-3-85 Aiding and abetting, homicide by child abuse
(B)(2)
16-3-210 Lynching, first degree
16-3-430 Killing in a duel
16-3-620 Assault and battery with intent to kill
16-3-652 Criminal sexual conduct, First degree
16-3-653 Criminal sexual conduct, Second degree
16-3-655 Criminal sexual conduct with minors
16-3-656 Assault with intent to commit criminal sexual conduct, First and Second degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit kidnapping
16-11-110 Arson, First degree
(A)
16-11-311 Burglary, First degree
16-11-330 Armed robbery
(A)
16-11-330 Attempted armed robbery
(B)
16-11-540 Damaging or destroying building, vehicle or other property by means of explosive incendiary, death results
25-7-30 Giving information respecting national or state defense to foreign contacts during war
25-7-40 Gathering information for an enemy
55-1-30 Unlawful removing or damaging of airport (3) facilityor equipment when death results
56-5-1030 Interference with traffic-control devices or
(B)(3) railroad signs or signals prohibited when death results from violation
58-17-4090 Obstruction of railroad, death results."
SECTION 2. The Prosecution Coordination Commission shall study the feasibility of creating a system to effectively manage criminal case loads and obtain electronic information from the South Carolina Law Enforcement Division Crime Information Center, Computerized Criminal Histories (CCH), the Department of Corrections, the Department of Probation, Parole and Pardon Services, the Department of Public Safety, the Department of Mental Health, and local jurisdictions to support preparation and ongoing management of criminal case loads.
In addition, the commission shall examine the feasibility of a court case management system and ongoing administration of cases, to include notification of parties, legal certification and docketing of information about criminal cases, as well as timely and accurate interchanges of information on filing and processing of cases by the court.
A report based on the study shall include, but is not limited to, recommendations to reduce the costs related to criminal case management and to more efficiently disseminate and coordinate information among the appropriate agencies. The report must be presented to the chairmen of the Senate Finance Committee and the House Ways and Means Committee by January 31, 1996. The study shall end upon presentation of the report.
SECTION 3. The provisions of Section 1 take effect on the date that Section 15, Article I of the Constitution of this State is amended, so as to change the laws relating to the imposition of cruel, unusual, or corporal punishment. If Section 15, Article I of the Constitution is not amended, the provisions of Section 1 are void. The provisions of Section 2 take effect upon approval by the Governor.