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H. 4106
STATUS INFORMATION
General Bill
Sponsors: Reps. Stavrinakis and Limehouse
Document Path: l:\council\bills\ms\7319ahb07.doc
Introduced in the House on May 16, 2007
Currently residing in the House Committee on Judiciary
Summary: Parole and probation
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 5/16/2007 House Introduced and read first time HJ-191 5/16/2007 House Referred to Committee on Judiciary HJ-191
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 17-13-170 SO AS TO AUTHORIZE WARRANTLESS SEARCHES OF PERSONS ON PAROLE OR PROBATION; TO AMEND SECTION 16-3-620, RELATING TO ASSAULT AND BATTERY WITH INTENT TO KILL, SO AS TO INCREASE THE PENALTY OF THE OFFENSE; TO AMEND SECTION 17-15-30, AS AMENDED, RELATING TO MATTERS TO BE CONSIDERED IN DETERMINING CONDITIONS OF RELEASE ON BOND, SO AS TO INCLUDE THE ACCUSED'S CURRENT BOND STATUS FOR ANOTHER FELONY OFFENSE AND TO PROVIDE THAT BOND MAY NOT BE SET AT LESS THAN FIFTY THOUSAND DOLLARS FOR THESE PERSONS; TO AMEND SECTION 24-13-100, RELATING TO THE DEFINITION OF A "NO PAROLE OFFENSE" SO AS TO EXPAND THE DEFINITION TO INCLUDE THOSE OFFENSES FOR WHICH THE ACTUAL TERM OF IMPRISONMENT IMPOSES IS TEN YEARS OR MORE; AND TO AMEND SECTION 24-21-460, RELATING TO PROBATION VIOLATION HEARINGS, SO AS TO CLARIFY THAT A PROBATION VIOLATION HEARING MUST BE HELD IMMEDIATELY BY THE COURT UPON THE PERSON'S ARREST.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 13, Title 17 of the 1976 Code is amended by adding:
"Section 17-13-170. Notwithstanding another provision of law, a person currently on parole or probation is deemed to consent to a warrantless search for property connected with the commission of a crime when probable cause exists to believe the person has committed another offense."
SECTION 2. Section 16-3-620 of the 1976 Code is amended to read:
"Section 16-3-620. The crime of It is unlawful to commit the offense of assault and battery with intent to kill shall be a felony in this State and any person convicted of such crime shall be punished by imprisonment not to exceed twenty years. A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for not less than a mandatory minimum of five years nor more than twenty-five years. No part of the five-year mandatory minimum may be suspended nor may probation be granted."
SECTION 3. Section 17-15-30 of the 1976 Code, as last amended by Act 106 of 2005, is further amended to read:
"Section 17-15-30. (A) In determining conditions of release that will reasonably assure appearance, or if release would constitute an unreasonable danger to the community, the court may, on the basis of available information, may consider the nature and circumstances of the:
(1) the offense charged,;
(2) the accused's family ties, employment, financial resources, character, and mental condition,;
(3) the length of his the accused's residence in the community,;
(4) his record of convictions, accused's criminal record;
(5) and his accused's record of flight to avoid prosecution or failure to appear at other court proceedings.; and
(6) accused's current bond status for another felony offense.
(B) The court shall consider the accused's criminal record, if any. The court shall consider, if available, all incident reports generated as a result of the offense charged.
(C) If the court, in its discretion, determines that an accused's current status on bond for a previous felony offense, as provided in subsection (A)(6), does not prohibit the release of the accused for a subsequent felony offense, bond may not be set at less than fifty thousand dollars."
SECTION 4. Section 24-13-100 of the 1976 Code is amended to read:
"Section 24-13-100. For purposes of definition under South Carolina law, a 'no parole offense' means:
(1) a class A, B, or C felony or;
(2) an offense exempt from classification as enumerated in Section 16-1-10(d), which is punishable by a maximum term of imprisonment for twenty years or more.; or
(3) an offense for which the actual term of imprisonment imposed, not including any portion of the sentence that is suspended, is ten years or more."
SECTION 5. Section 24-21-460 of the 1976 Code is amended to read:
"Section 24-21-460. Upon such arrest, the court, or the court within the venue of which the violation occurs, immediately shall cause the defendant to be brought before it and may revoke the probation or suspension of sentence and shall proceed to deal with the case as if there had been no probation or suspension of sentence except that the circuit judge before whom such the defendant may be so brought shall have the right, in his discretion, to require the defendant to serve all or a portion only of the sentence imposed. Should only a portion of the sentence imposed be put into effect, the remainder of such the sentence shall remain in full force and effect and the defendant may again, from time to time, be brought before the circuit court so long as all of his sentence has not been served and the period of probation has not expired."
SECTION 6. 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 7. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 8. This act takes effect upon approval by the Governor.
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