H 4032 Session 111 (1995-1996)
H 4032 General Bill, By Meacham
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
17-15-12 so as to require the clerk of court in each county to prepare a
monthly public register containing certain information regarding defendants
released on their on recognizance, to require the clerk of court of each
county to annually submit certain information to the office of court
administration regarding defendants released on their own recognizance, and to
require the Office of Court Administration to submit the information it
receives from the clerk of court to the Governor and General Assembly in an
annual report.
04/12/95 House Introduced and read first time HJ-24
04/12/95 House Referred to Committee on Judiciary HJ-25
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 17-15-12 SO AS TO REQUIRE
THE CLERK OF COURT IN EACH COUNTY TO PREPARE A
MONTHLY PUBLIC REGISTER CONTAINING CERTAIN
INFORMATION REGARDING DEFENDANTS RELEASED ON
THEIR OWN RECOGNIZANCE, TO REQUIRE THE CLERK OF
COURT OF EACH COUNTY TO ANNUALLY SUBMIT
CERTAIN INFORMATION TO THE OFFICE OF COURT
ADMINISTRATION REGARDING DEFENDANTS RELEASED
ON THEIR OWN RECOGNIZANCE, AND TO REQUIRE THE
OFFICE OF COURT ADMINISTRATION TO SUBMIT THE
INFORMATION IT RECEIVES FROM THE CLERK OF COURT
TO THE GOVERNOR AND GENERAL ASSEMBLY IN AN
ANNUAL REPORT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 17-15-12. (A) The Clerk of Court in each
county shall prepare a register containing information regarding the
cases and defendants who are released on their own recognizance
pursuant to Section 17-15-10. The register must be available for
public inspection.
(B) The register must be updated on a monthly basis and shall
contain the following information for each defendant released on his
own recognizance:
(1) the charge against the defendant;
(2) prior criminal convictions;
(3) required court appearances;
(4) missed court appearances; and
(5) bench warrants issued.
(C) During the first quarter of each calendar year, each Clerk of
Court shall submit an annual report to the Office of Court
Administration for the previous calendar year. The annual report
shall contain the number of cases in which a:
(1) release on a person's own recognizance was denied;
(2) defendant was released on his own recognizance and a
bench warrant was issued subsequently on the defendant's failure to
appear before the court;
(3) defendant was released on his own recognizance and a
bench warrant was issued by the court but remained unserved for
more than one year; and
(4) defendant was released on his own recognizance and a
warrant was issued for the defendant's arrest after his release for
additional charges within one year.
(D) The Office of Court Administration shall compile the
information contained in subsection (C) and issue an annual report.
A copy of this report must be submitted to the Governor and the
General Assembly."
SECTION 2. This act takes effect upon approval by the
Governor.
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