S 125 Session 109 (1991-1992)
S 0125 General Bill, By McConnell
A Bill to amend Section 17-15-10, Code of Laws of South Carolina, 1976,
relating to the release of a noncapital offender on his own recognizance, so
as to provide for the offenses for which and the circumstances under which
bail may be denied and to define violent crimes.
09/17/90 Senate Prefiled
09/17/90 Senate Referred to Committee on Judiciary
01/08/91 Senate Introduced and read first time SJ-58
01/08/91 Senate Referred to Committee on Judiciary SJ-58
A BILL
TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE RELEASE OF A
NONCAPITAL OFFENDER ON HIS OWN RECOGNIZANCE, SO AS
TO PROVIDE FOR THE OFFENSES FOR WHICH AND THE
CIRCUMSTANCES UNDER WHICH BAIL MAY BE DENIED AND
TO DEFINE VIOLENT CRIMES.
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. (A) Any Unless
otherwise provided in this section, 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
the courts, must be ordered released pending trial on
his own recognizance without surety in an amount specified by the
court, unless. However, bail may be denied to
persons charged with an offense:
(1) if it was committed when the person charged is
already admitted to bail on a separate capital offense charge, separate
offense punishable by life imprisonment, or separate violent crime
charge giving due weight to the evidence and to the nature and
circumstances of the event;
(2) if the person charged poses a substantial danger
to another person or the community, if no conditions of release which
may be imposed reasonably will assure the safety of the other person or
the community, giving due weight to the evidence and to the nature and
circumstances of the event; or
(3) if it was committed when the person charged has
been convicted of a separate capital offense charge, separate offense
punishable by life imprisonment, or separate violent crime charge,
unless the convicted person has completed his probationary period.
(B) If the court determines in its discretion that
such a the release of nonviolent offenders or violent
offenders, when neither subsection (A)(1) nor (2) applies to the violent
offense, reasonably 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 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 place the person in
the custody of a designated person or organization agreeing to supervise
him;
(c)(3) Place place restrictions on
the travel, association, or place of abode of the person during
the period of release;
(d)(4) Impose any impose other
conditions deemed considered reasonably necessary to
assure appearance as required, including a condition that the person
return to custody after specified hours.
(C) As used in this section, violent crimes include the
crimes of murder, as defined in Section 16-3-10; voluntary
manslaughter, as defined by common law; aggravated assault and
battery; assault and battery with intent to kill, as defined in Section
16-3-620; kidnapping, as defined in Section 16-3-910; armed robbery,
as defined in Section 16-11-330; trafficking in illegal drugs, as defined
in Section 44-53-370(e); and criminal sexual conduct in the first degree,
as defined in Section 16-3-652."
SECTION 2. This act takes effect on the date in 1993 that Article I,
Section 15 of the Constitution of this State has been amended, so as to
change the laws relating to the imposition of cruel, unusual, or corporal
punishment. If Article I, Section 15 of the Constitution has not been
amended, the provisions of this act are void.
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