S 0110 General Bill, By McConnell and M.T. Rose
 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.

   01/12/93  Senate Introduced and read first time SJ-56
   01/12/93  Senate Referred to Committee on Judiciary SJ-57

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, the court, giving due weight to the evidence and the nature and circumstances of the event, may deny bail to a person if the person:

(1) was already released on bail for a separate capital offense when this offense was committed;

(2) poses a substantial danger to another person or to the community and no conditions of release may be imposed which reasonably will assure the safety of the other person or the community; or

(3) has been convicted of a separate capital offense, a separate offense punishable by life imprisonment, or a separate violent offense, unless he has completed the probationary period.

(B) If the court determines in its discretion 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 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 that Article I, Section 15 of the Constitution of this State is 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 is not amended, the provisions of this act are void.