S 1047 Session 111 (1995-1996)
S 1047 General Bill, By McConnell
Similar(H 4551)
A Bill to amend Sections 17-15-10 and 17-15-30, Code of Laws of South
Carolina, 1976, relating to persons who may be released on their own
recognizances and matters to be considered in determining a person's release,
so as to presume the release of an accused violent crime offender would
constitute an unreasonable danger to the community subject to rebuttal by the
accused offender.
01/23/96 Senate Introduced and read first time SJ-8
01/23/96 Senate Referred to Committee on Judiciary SJ-8
04/24/96 Senate Committee report: Favorable Judiciary SJ-12
04/25/96 Senate Read second time SJ-54
04/25/96 Senate Unanimous consent for third reading on next
legislative day SJ-54
04/26/96 Senate Read third time and sent to House SJ-5
04/30/96 House Introduced and read first time HJ-17
04/30/96 House Referred to Committee on Judiciary HJ-17
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 24, 1996
S. 1047
Introduced by SENATOR McConnell
S. Printed 4/24/96--S.
Read the first time January 23, 1996.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (S. 1047), to amend Sections
17-15-10 and 17-15-30, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
GLENN F. McCONNELL, for Committee.
A BILL
TO AMEND SECTIONS 17-15-10 AND 17-15-30, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
PERSONS WHO MAY BE RELEASED ON THEIR OWN
RECOGNIZANCES AND MATTERS TO BE CONSIDERED IN
DETERMINING A PERSON'S RELEASE, SO AS TO PRESUME
THE RELEASE OF AN ACCUSED VIOLENT CRIME
OFFENDER WOULD CONSTITUTE AN UNREASONABLE
DANGER TO THE COMMUNITY SUBJECT TO REBUTTAL
BY THE ACCUSED OFFENDER.
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 the court, must
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 and subject to the limitations
contained in Section 17-15-30(B) that such a
the release reasonably will not reasonably
assure the appearance of the person as required, or unreasonable
danger to the community will result. If such a this
determination is made by the court, it may impose any one
or more of the following conditions of release:
(a) Require the execution of an appearance bond in a
specified amount with good and sufficient surety or sureties
approved by the court;
(b) Place the person in the custody of a designated person or
organization agreeing to supervise him;
(c) Place restrictions on the travel, association, or
place of abode of the person during the period of release;
(d) Impose any other conditions deemed reasonably necessary
to assure appearance as required, including a condition that the
person return to custody after specified hours."
SECTION 2. Section 17-15-30 of the 1976 Code is amended to
read:
"Section 17-15-30. (A) In Subject
to the limitations contained in Section 17-15-30(B),
when determining which conditions of release will
reasonably assure appearance, or what release would constitute an
unreasonable danger to the community, the court may, on the basis
of available information, take into account the nature and
circumstances of the offense charged, the accused's family ties,
employment, financial resources, character and mental condition,
the length of his residence in the community, his record of
convictions, and any record of flight to avoid prosecution or failure
to appear at other court proceedings.
(B) In a case in which a person is charged with an offense
designated as a violent crime pursuant to Section 16-1-60, a
rebuttable presumption arises whereby the person's release would
constitute an unreasonable danger to the community. Subject to
rebuttal by the person, it is presumed that no condition of release
will eliminate the danger to the community."
SECTION 3. This act shall take effect upon the ratification of
an amendment of Section 15, Article 1 of the Constitution of South
Carolina which allows the General Assembly by law to deny bail
for persons charged with the commission of a violent crime.
-----XX----- |