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H. 4100
STATUS INFORMATION
General Bill
Sponsors: Rep. McGee
Document Path: l:\council\bills\ms\7536ahb05.doc
Introduced in the House on May 17, 2005
Currently residing in the House Committee on Judiciary
Summary: Failure to appear in court
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 5/17/2005 House Introduced and read first time HJ-5 5/17/2005 House Referred to Committee on Judiciary HJ-5
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-90 SO AS TO CREATE THE OFFENSE OF WILFUL FAILURE TO APPEAR AT A COURT PROCEEDING AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 15, Title 17 of the 1976 Code is amended by adding:
"Section 17-15-90. (A) It is unlawful for a person who is released pursuant to the provisions of this chapter and who is subject to an outstanding bench warrant for ninety days or more to wilfully fail to appear at a court proceeding as required by the court. If the person was released in connection with a:
(1) felony charge or while awaiting sentencing after conviction, the person is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.
(2) misdemeanor charge, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(B) In addition to the penalties provided in subsection (A), the bond or security pledged for the release of the person is forfeited as provided in Section 38-53-70.
(C) A person convicted pursuant to the provisions of this section is not eligible for release on a personal recognizance bond if charged with committing a future offense."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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