S 45 Session 120 (2013-2014)
S 0045 General Bill, By Campsen
A BILL TO AMEND CHAPTER 15, TITLE 17 OF THE 1976 CODE, BY ADDING SECTION
17-15-110, TO PROVIDE THAT IF A PERSON IS CONVICTED OF COMMITTING OR
ATTEMPTING TO COMMIT A GENERAL SESSIONS OFFENSE WHILE ON A BAIL BOND OR
PERSONAL RECOGNIZANCE BOND, THE PERSON MUST BE IMPRISONED FOR FIVE YEARS IN
ADDITION TO THE PUNISHMENT PROVIDED FOR THE PRINCIPAL OFFENSE.
12/13/12 Senate Prefiled
12/13/12 Senate Referred to Committee on Judiciary
01/08/13 Senate Introduced and read first time (Senate Journal-page 48)
01/08/13 Senate Referred to Committee on Judiciary
(Senate Journal-page 48)
S. 45
A BILL
TO AMEND CHAPTER 15, TITLE 17 OF THE 1976 CODE, BY ADDING SECTION 17-15-110, TO PROVIDE THAT IF A PERSON IS CONVICTED OF COMMITTING OR ATTEMPTING TO COMMIT A GENERAL SESSIONS OFFENSE WHILE ON A BAIL BOND OR PERSONAL RECOGNIZANCE BOND, THE PERSON MUST BE IMPRISONED FOR FIVE YEARS IN ADDITION TO THE PUNISHMENT PROVIDED FOR THE PRINCIPAL OFFENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 15, Title 17 of the 1976 Code is amended by adding:
"Section 17-15-110. (A) If a person is convicted of committing or attempting to commit a general sessions offense while released on a bail bond or personal recognizance bond, the person must be imprisoned for five years in addition to the punishment provided for the principal offense. The five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed.
(B) Service of the five-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law. The court shall impose the mandatory five-year sentence to run consecutively.
(C) A person sentenced pursuant to this section is not eligible during the five-year period for parole, work release, or extended work release. The five years must not be suspended, and the person may not complete the term of imprisonment in less than five years pursuant to good-time credits or work credits, but may earn credits during the five-year period.
(D) The additional punishment must not be imposed unless the indictment for the substantive general sessions offense alleges as a separate count and pursuant to this section that the person was on pre-trial release subject to the terms of a bail bond when the substantive general sessions offense was committed and conviction was had upon this count of the indictment. The penalties prescribed in this section must not be imposed unless the person convicted was at the same time convicted of the underlying, substantive general sessions offense."
SECTION 2. This act takes effect upon approval by the Governor.
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