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S. 86
STATUS INFORMATION
General Bill
Sponsors: Senators Bryant, Courson, Vaughn and Knotts
Document Path: l:\s-res\klb\002noba.kmm.doc
Introduced in the Senate on January 9, 2007
Currently residing in the Senate Committee on Judiciary
Summary: Court may deny release
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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11/29/2006 Senate Prefiled
11/29/2006 Senate Referred to Committee on Judiciary
1/9/2007 Senate Introduced and read first time SJ-64
1/9/2007 Senate Referred to Committee on Judiciary SJ-64
1/17/2007 Senate Referred to Subcommittee: Hutto (ch), Jackson, Knotts,
Bryant
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 17-15-10 OF THE 1976 CODE, RELATING TO WHEN A PERSON CHARGED WITH A NONCAPITAL OFFENSE BEING RELEASED ON HIS OWN RECOGNIZANCE, AND THE CONDITIONS OF HIS RELEASE, TO PROVIDE THAT THE COURT MAY DENY RELEASE TO A PERSON CHARGED WITH A NONCAPITAL VIOLENT OFFENSE, IF THE COURT DETERMINES THAT THE NATURE AND CIRCUMSTANCES OF THE ALLEGED OFFENSE DO NOT WARRANT RELEASE, AND TO REQUIRE THE COURT TO ISSUE AN ORDER EXPLAINING THE COURT'S FINDINGS AS TO WHY THE NATURE AND CIRCUMSTANCES OF THE OFFENSE DID NOT WARRANT RELEASE; TO AMEND SECTION 17-15-15 TO CONFORM A REFERENCE; AND TO AMEND SECTION 17-15-50, RELATING TO AMENDING AN ORDER OF RELEASE, TO PROVIDE THAT A COURT MAY RESCIND AN ORDER DENYING RELEASE AND GRANT THE ALLEGED OFFENDER RELEASE.
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. Any 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 courts, be ordered released pending trial on his own recognizance without surety in an amount specified by the court, unless the court determines in its discretion that such a release 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 the execution of an appearance bond in a specified amount with good and sufficient surety or sureties approved by the court;
(b)(2) Place the person in the custody of a designated person or organization agreeing to supervise him;
(c)(3) Place restrictions on the travel, association or place of abode of the person during the period of release;
(d)(4) Impose any other conditions deemed reasonably necessary to assure appearance as required, including a condition that the person return to custody after specified hours.
(B) Notwithstanding the provisions of subsection (A), the court may deny release to a person charged with a noncapital violent offense contained in Section 16-1-60, if the court determines that the circumstances and nature of the offense do not warrant release. Any order of the court denying release pursuant to this subsection must be reduced to writing and contain a brief statement explaining the court's findings as to why the nature and circumstances of the offense did not warrant release."
SECTION 2. Section 17-15-15(a) of the 1976 Code is amended to read:
"Section 17-15-15. (a) In lieu of requiring actual posting of bond as provided in item (a) of Section 17-15-10(A)(1), the court setting bond may permit the defendant to deposit in cash with the clerk of court an amount not to exceed ten percent of the amount of bond set, which amount, when the defendant fulfills the condition of the bond, shall be returned to the defendant by the clerk except as provided in subsection (c)."
SECTION 3. Section 17-15-50 of the 1976 Code is amended to read:
"Section 17-15-50. The court may, at any time after notice and hearing,:
(a) amend the an order granting a release prior to trial to impose additional or different conditions of release.; or
(b) rescind an order denying release prior to trial and grant release prior to trial as otherwise provided in this Chapter."
SECTION 4. This act takes effect upon approval by the Governor.
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