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H. 3927
STATUS INFORMATION
General Bill
Sponsors: Reps. F.N. Smith, Allen, Hart and Weeks
Document Path: l:\council\bills\ms\7262ahb07.doc
Introduced in the House on April 18, 2007
Currently residing in the House Committee on Judiciary
Summary: Bond
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/18/2007 House Introduced and read first time HJ-89 4/18/2007 House Referred to Committee on Judiciary HJ-89
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRANTING BAIL AND BOND HEARINGS, SO AS TO PROVIDE FOR REVIEW BY THE CIRCUIT COURT WHEN A MAGISTRATE DENIES BOND UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-5-510 of the 1976 Code is amended to read:
"Section 22-5-510. (A) Magistrates may admit to bail a person charged with an offense, the punishment of which is not death or imprisonment for life; provided, however, with respect to violent offenses as defined by the General Assembly pursuant to Section 15, Article I of the Constitution of South Carolina, magistrates may deny bail giving due weight to the evidence and to the nature and circumstances of the event. 'Violent offenses' as used in this section means the offenses contained in Section 16-1-60. If a person under lawful arrest on a charge not bailable is brought before a magistrate, the magistrate shall commit the person to jail. If the offense charged is bailable, the magistrate shall take recognizance with sufficient surety, if it is offered,. In default whereof of the recognizance, the person must be incarcerated.
(B) A person charged with a bailable offense must have a bond hearing within twenty-four hours of his arrest and must be released within a reasonable time, not to exceed four hours, after the bond is delivered to the incarcerating facility.
(C) If a magistrate denies bail to a person charged with a bailable offense pursuant to the provisions of this section, the magistrate's decision must be reviewed by a judge of the circuit court with jurisdiction over the offense within twenty-four hours of the magistrate's decision denying bail. The circuit court judge may affirm the decision denying bail to the person or reverse the decision and, in his discretion, take recognizance with sufficient surety, if it is offered. In default of the recognizance, the person must be incarcerated."
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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