S 92 Session 111 (1995-1996)
S 0092 General Bill, By McConnell, Elliott, M.T. Rose and Wilson
A Bill to amend Section 17-15-10, Code of Laws of South Carolina, 1976,
relating to the release of a noncapital offender on his own recognizance, so
as to provide for the offenses for which and the circumstances under which
bail may be denied and to define violent crimes.
10/03/94 Senate Prefiled
10/03/94 Senate Referred to Committee on Judiciary
01/10/95 Senate Introduced and read first time SJ-36
01/10/95 Senate Referred to Committee on Judiciary SJ-36
04/20/95 Senate Committee report: Favorable with amendment
Judiciary SJ-15
04/25/95 Senate Amended SJ-27
04/25/95 Senate Read second time SJ-27
04/25/95 Senate Ordered to third reading with notice of
amendments SJ-27
04/26/95 Senate Read third time and sent to House SJ-14
04/26/95 House Introduced and read first time HJ-73
04/26/95 House Referred to Committee on Judiciary HJ-73
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 25, 1995
S. 92
Introduced by SENATORS McConnell, Rose, Elliott and Wilson
S. Printed 4/25/95--S.
Read the first time January 10, 1995.
A BILL
TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE RELEASE OF A
NONCAPITAL OFFENDER ON HIS OWN RECOGNIZANCE,
SO AS TO PROVIDE FOR THE OFFENSES FOR WHICH AND
THE CIRCUMSTANCES UNDER WHICH BAIL MAY BE
DENIED AND TO DEFINE VIOLENT CRIMES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 17-15-10 of the 1976 Code is amended to
read:
"Section 17-15-10. (A) Any Unless
otherwise provided in this section, a person charged with a
noncapital offense triable in either the magistrate's, county
or circuit court, shall, at his appearance before any of
such the courts, must be ordered released
pending trial on his own recognizance without surety in an amount
specified by the court, unless. However, the
court, giving due weight to the evidence and the nature and
circumstances of the event, may deny bail to a person if the person:
(1) was already released on bail for a separate capital offense,
separate offense punishable by life imprisonment, or separate
violent offense charge when this offense was committed;
(2) is charged with a violent offense and poses a
substantial danger to another person or to the community and no
conditions of release may be imposed which reasonably will assure
the safety of the other person or the community; or
(3) has been convicted of a separate capital offense, a
separate offense punishable by life imprisonment, or a separate
violent offense, unless he has completed the probationary or parole
period or all terms of his sentence.
(B) If the court determines in its discretion
that such a the release reasonably will not
reasonably assure the appearance of the person as required,
or unreasonable danger to the community will result. If such a
determination is made by the court, it may impose any
one or more of the following conditions of release:
(a)(1) Require require the
execution of an appearance bond in a specified amount with good
and sufficient surety or sureties approved by the court;
(b)(2) Place place the person
in the custody of a designated person or organization agreeing to
supervise him;
(c)(3) Place place restrictions
on the travel, association, or place of abode of the person
during the period of release;
(d)(4) Impose any impose
other conditions deemed considered reasonably
necessary to assure appearance as required, including a condition
that the person return to custody after specified hours.
(C) As used in this section, `violent offense' means the
following crimes:
16-1-40 Accessory, for any offense enumerated in this
subsection
16-1-80 Attempt, for any offense enumerated in this
subsection
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-50 Voluntary manslaughter
16-3-85 Homicide by child abuse
(B)(1)
16-3-85 Aiding and abetting, homicide by child abuse
(B)(2)
16-3-210 Lynching, first degree
16-3-430 Killing in a duel
16-3-620 Assault and battery with intent to kill
16-3-652 Criminal sexual conduct, First degree
16-3-653 Criminal sexual conduct, Second degree
16-3-655 Criminal sexual conduct with minors
16-3-656 Assault with intent to commit criminal sexual
conduct, First and Second degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit kidnapping
16-11-110 Arson, First degree
(A)
16-11-311 Burglary, First degree
16-11-330 Armed robbery
(A)
16-11-330 Attempted armed robbery
(B)
16-11-540 Damaging or destroying building, vehicle or
other property by means of explosive
incendiary, death results
25-7-30 Giving information respecting national or
state defense to foreign contacts during war
25-7-40 Gathering information for an enemy
55-1-30 Unlawful removing or damaging of airport (3) facilityor equipment when
death results
56-5-1030 Interference with traffic-control devices or
(B)(3) railroad signs or signals prohibited when
death results from violation
58-17-4090 Obstruction of railroad, death
results."
SECTION 2. The Prosecution Coordination Commission
shall study the feasibility of creating a system to effectively manage
criminal case loads and obtain electronic information from the
South Carolina Law Enforcement Division Crime Information
Center, Computerized Criminal Histories (CCH), the Department of
Corrections, the Department of Probation, Parole and Pardon
Services, the Department of Public Safety, the Department of
Mental Health, and local jurisdictions to support preparation and
ongoing management of criminal case loads.
In addition, the commission shall examine the feasibility of a
court case management system and ongoing administration of cases,
to include notification of parties, legal certification and docketing of
information about criminal cases, as well as timely and accurate
interchanges of information on filing and processing of cases by the
court.
A report based on the study shall include, but is not limited to,
recommendations to reduce the costs related to criminal case
management and to more efficiently disseminate and coordinate
information among the appropriate agencies. The report must be
presented to the chairmen of the Senate Finance Committee and the
House Ways and Means Committee by January 31, 1996. The
study shall end upon presentation of the report.
SECTION 3. The provisions of Section 1 take effect on the
date that Section 15, Article I of the Constitution of this State is
amended, so as to change the laws relating to the imposition of
cruel, unusual, or corporal punishment. If Section 15, Article I of
the Constitution is not amended, the provisions of Section 1 are
void. The provisions of Section 2 take effect upon approval by the
Governor.
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