South Carolina General Assembly
122nd Session, 2017-2018

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Bill 3201


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Indicates New Matter


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A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-515 SO AS TO LIMIT THE CIRCUMSTANCES UNDER WHICH MAGISTRATES MAY PLACE A PERSON IN AN ELECTRONIC MONITORING PROGRAM AS A CONDITION OF BOND TO A PERSON CHARGED WITH A CRIMINAL SEXUAL CONDUCT OFFENSE OR CERTAIN VIOLENT CRIMES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 7, Chapter 5, Title 22 of the 1976 Code is amended by adding:

"Section 22-5-515.    Notwithstanding another provision of law, magistrates may not place a person in an electronic monitoring program as a condition of bond unless the person is charged with a criminal sexual conduct offense pursuant to Article 7, Chapter 3, Title 16, or an offense defined as a 'violent crime' pursuant to Section 16-1-60 but not including those offenses delineated in Section 16-1-60 which involve manufacturing or trafficking in any type of illegal drugs."

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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.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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