H*3249(Rat #0454, Act #0393 of 1980)  General Bill, By B. Campbell
 A Bill to amend Chapter 23, Title 17, Code of Laws of South Carolina, 1976,
 relating to pleadings and trial in criminal cases, by adding Sections
 17-23-160 and 17-23-165, so as to provide that any person appearing at a bond
 hearing on a criminal charge who is entitled to a preliminary hearing shall be
 notified of such right, to require that such hearing be requested within the
 time required by law and to provide that an appearance of an attorney at a
 preliminary hearing shall not obligate that attorney to continue
 representation of the defendent; to amend Chapter 15 of Title 17, relating to
 bail and recognizances, by adding Section 17-15-15, so as to permit cash
 deposits with the Clerk of Court in lieu of the actual posting of appearance
 bonds, to provide that such bonds are assignable and allow such deposits to be
 used for restitution of crime victims under certain conditions; and to amend
 Section 22-5-320, as amended, relating to preliminary hearings before
 magistrates, so as to provide that persons entitled to such hearings shall be
 so notified and provide for the time in which requests for hearings must be
 made.-at

   12/31/79  House  Prefiled
   12/31/79  House  Referred to Committee on Judiciary
   01/08/80  House  Introduced and read first time HJ-49
   01/08/80  House  Referred to Committee on Judiciary HJ-49
   02/20/80  House  Committee report: Favorable with amendment
                     Judiciary HJ-1009
   02/26/80  House  Amended HJ-1127
   02/26/80  House  Read second time HJ-1129
   02/27/80  House  Read third time and sent to Senate HJ-1145
   02/27/80  Senate Introduced and read first time SJ-19
   02/27/80  Senate Referred to Committee on Judiciary SJ-19
   04/16/80  Senate Committee report: Favorable with amendment
                     Judiciary SJ-11
   04/17/80  Senate Amended SJ-25
   04/17/80  Senate Read second time SJ-25
   04/18/80  Senate  READ THIRD TIME SJ-89
   04/18/80  Senate Returned SJ-89
   04/22/80  House  Concurred in Senate amendment and enrolled HJ-2308
   04/24/80  House  Ratified R 454 HJ-2370
   04/30/80         Signed By Governor
   04/30/80         Effective date 04/30/80
   04/30/80         Act No. 393
   05/12/80         Copies available

AN ACT TO AMEND CHAPTER 23, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLEADINGS AND TRIAL IN CRIMINAL CASES, BY ADDING SECTIONS 17-23-160 AND 17-23-165, SO AS TO PROVIDE THAT ANY PERSON APPEARING AT A BOND HEARING ON A CRIMINAL CHARGE WHO IS ENTITLED TO A PRELIMINARY HEARING SHALL BE NOTIFIED OF SUCH RIGHT, TO REQUIRE THAT SUCH HEARING BE REQUESTED WITHIN THE TIME REQUIRED BY LAW AND TO PROVIDE THAT AN APPEARANCE OF AN ATTORNEY AT A PRELIMINARY HEARING SHALL NOT OBLIGATE THAT ATTORNEY TO CONTINUE REPRESENTATION OF THE DEFENDANT; TO AMEND CHAPTER 15 OF TITLE 17, RELATING TO BAIL AND RECOGNIZANCES, BY ADDING SECTION 17-15-15, SO AS TO PERMIT CASH DEPOSITS WITH THE CLERK OF COURT IN LIEU OF THE ACTUAL POSTING OF APPEARANCE BONDS, TO PROVIDE THAT SUCH BONDS ARE ASSIGNABLE AND ALLOW SUCH DEPOSITS TO BE USED FOR RESTITUTION OF CRIME VICTIMS UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 22-5-320, AS AMENDED, RELATING TO PRELIMINARY HEARINGS BEFORE MAGISTRATES, SO AS TO PROVIDE THAT PERSONS ENTITLED TO SUCH HEARINGS SHALL BE SO NOTIFIED AND PROVIDE FOR THE TIME IN WHICH REQUESTS FOR HEARINGS MUST BE MADE.

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

Magistrates to hold preliminary hearings on warrants

Section 1. Section 22-5-320 of the 1976 Code, as last amended by Act 475 of 1978, is further amended to read:

"Section 22-5-320. Any magistrate who issues a warrant charging a crime beyond his jurisdiction shall grant and hold a preliminary hearing of it upon the demand in writing of the defendant made within twenty days of the hearing to set bond for such charge; provided, however, that if such twenty-day period expires on a date prior to the convening of the next term of General Sessions Court having jurisdiction then the defendant may wait to make such request until a date at least ten days before the next term of General Sessions Court convenes. At the preliminary hearing, the defendant may cross examine the state's witnesses in person or by counsel, have the reply in argument if there be counsel for the State, and be heard in argument in person or by counsel as to whether a probable case has been made out and as to whether the case ought to be dismissed by the magistrate and the defendant discharged without delay. When such a hearing has been so demanded the case shall not be transmitted to the court of general sessions or submitted to the grand jury until the preliminary hearing shall have been had, the magistrate to retain jurisdiction and the court of general sessions not to acquire jurisdiction until after such preliminary hearing. Provided, however, that the defendant shall not be required to appear in person at the appointed time, date and place set for the hearing if he is represented by his attorney."

Appearance by attorney

Section 1A. Chapter 23 of Title 17 of the 1976 Code is amended by adding:

"Section 17-23-165. The appearance by an attorney on behalf of a defendant in a preliminary hearing shall not in and of itself obligate that attorney to continue the representation of that defendant beyond the preliminary hearing."

Person notified of charges

Section 2. The 1976 Code is amended by adding:

"Section 17-23-160. When any person charged with a crime who is entitled to a preliminary hearing on such charges appears in person or by counsel in a hearing to set bond, he shall be notified by a magistrate orally and in writing of his right to such preliminary hearing. When a person is notified of his right to a preliminary hearing, he shall be furnished a simple form providing him an opportunity to request a preliminary hearing by signing and returning this form to the advising magistrate then and there or thereafter. Any person so notified who fails to timely request a preliminary hearing shall lose his right to such hearing."

Posting bond

Section 2A. Chapter 15 of Title 17 is amended by adding:

"Section 17-15-15. (a) In lieu of requiring actual posting of bond as provided in item (a) of Section 17-15-10, the court setting bond may permit the defendant to deposit in cash with the clerk of court an amount not to exceed ten percent of the amount of bond set, which amount, when the defendant fulfills the condition of the bond, shall be returned to the defendant by the clerk except as provided in subsection (c).

(b) The cash deposit provided for in subsection (a) shall be assignable at any time after it is posted with the clerk of court by written assignment executed by the defendant and delivered to the clerk. After assignment and after the defendant fulfills the condition of his bond, the clerk shall return the cash deposit to the assignee thereof.

(c) In the event the cash deposit is not assigned but the defendant is required by the court to make restitution to the victim of his crime, such deposit may be used for the purpose of such restitution."

Time effective

Section 3. This act shall take effect upon approval by the Governor.