S 0235 Joint Resolution, By I.E. Lourie and Wilson
 A Joint Resolution proposing an amendment to Section 15 of Article 1 of the
 Constitution of South Carolina, 1895, relating to bail; cruel, unusual, and
 corporal punishment; and detention of witnesses, so as to provide the
 circumstances under which bail may be denied.

   10/08/90  Senate Prefiled
   10/08/90  Senate Referred to Committee on Judiciary
   01/08/91  Senate Introduced and read first time SJ-87
   01/08/91  Senate Referred to Committee on Judiciary SJ-87

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 15 OF ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BAIL; CRUEL, UNUSUAL, AND CORPORAL PUNISHMENT; AND DETENTION OF WITNESSES, SO AS TO PROVIDE THE CIRCUMSTANCES UNDER WHICH BAIL MAY BE DENIED.

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

SECTION 1. It is proposed that Section 15 of Article I of the Constitution of this State be amended to read:

"Section 15. All persons shall, before conviction, be bailable by sufficient sureties, but bail may be denied to persons charged with capital offenses, or persons charged with offenses punishable by life imprisonment, persons not likely to appear as required before the court, or persons considered a danger to any other person or the community as determined by the court, giving due weight to the evidence and to the nature and circumstances of the event. Excessive bail shall not be required; nor shall excessive fines be imposed; nor shall cruel, nor corporal, nor unusual punishment be inflicted; nor shall witnesses be unreasonably detained."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Section 15 of Article I of the Constitution of this State be amended so as to provide that bail may be denied to persons if it is determined by the court in its discretion that the person is a danger to any other person or the community?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."