South Carolina Legislature


 

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H 4389
Session 113 (1999-2000)


H 4389 General Bill, By Seithel, Simrill, Gamble, Meacham-Richardson and Bales
 A BILL TO AMEND SECTION 22-5-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO BOND HEARINGS AND THE RELEASE OF DEFENDANTS, SO AS TO
 AUTHORIZE A MAGISTRATE TO HOLD A DEFENDANT IN A CASE INVOLVING CRIMINAL
 DOMESTIC VIOLENCE FOR FORTY-EIGHT HOURS AFTER ARREST, UPON REQUEST OF THE
 VICTIM AND UPON GOOD CAUSE SHOWN AT THE BOND HEARING.

   01/05/00  House  Prefiled
   01/05/00  House  Referred to Committee on Judiciary
   01/11/00  House  Introduced and read first time HJ-445
   01/11/00  House  Referred to Committee on Judiciary HJ-445



A BILL

TO AMEND SECTION 22-5-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND HEARINGS AND THE RELEASE OF DEFENDANTS, SO AS TO AUTHORIZE A MAGISTRATE TO HOLD A DEFENDANT IN A CASE INVOLVING CRIMINAL DOMESTIC VIOLENCE FOR FORTY-EIGHT HOURS AFTER ARREST, UPON REQUEST OF THE VICTIM AND UPON GOOD CAUSE SHOWN AT THE BOND HEARING.

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

SECTION 1. Section 22-5-510(B) of the 1976 Code, as last amended by Act 425 of 1998, is further amended to read:

"(B) A person charged with a bailable offense must have a bond hearing within twenty-four hours of his arrest and must be released within a reasonable time, not to exceed four hours, after the bond is delivered to the incarcerating facility. However, in cases involving violations of Chapter 25, Title 16, a magistrate, upon request from the alleged victim and upon good cause shown at the hearing, may deny release until forty-eight hours after the defendant's arrest."

SECTION 2. This act takes effect upon approval by the Governor.

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