S 0076 Joint Resolution, By McConnell and M.T. Rose
 A Joint Resolution proposing an amendment to Section 15, 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 for the
 offenses for which and the circumstances under which bail may be denied.

   01/12/93  Senate Introduced and read first time SJ-47
   01/12/93  Senate Referred to Committee on Judiciary SJ-47

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 15, 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 FOR THE OFFENSES FOR WHICH AND 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, Article I of the Constitution of this State be amended to read:

"Section 15. All persons shall, before conviction, be are bailable by sufficient sureties, but bail may be denied to persons charged with capital offenses or offenses punishable by life imprisonment, an offense:

(1) if it was committed when the person charged already is admitted to bail on a separate capital offense charge, separate offense punishable by life imprisonment, or separate violent crime charge, as defined by the General Assembly, 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.

Excessive bail shall must not be required; nor shall excessive. Excessive fines must not be imposed; nor shall cruel, nor. Cruel, corporal, nor or unusual punishment must not be inflicted; nor shall witnesses. Witnesses must not 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, Article I of the Constitution of this State be amended so as to provide that bail may be denied to persons charged with an offense:

(1) if it was committed when the person charged already is admitted to bail on a separate capital offense charge, separate offense punishable by life imprisonment, or separate violent crime charge, as defined by the General Assembly, 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?

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'."