Current Status Introducing Body:Senate Bill Number:125 Primary Sponsor:McConnell Committee Number:11 Type of Legislation:GB Subject:Bail, when may be denied Residing Body:Senate Current Committee:Judiciary Computer Document Number:OLDVS/LIBX/2375 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:McConnell Type of Legislation:General Bill
Bill Body Date Action Description CMN
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125 Senate Jan 08, 1991 Introduced and read first 11
time, referred to Committee
125 Senate Sep 17, 1990 Prefiled, referred to 11
Committee
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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.
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, bail may be denied to persons charged with an offense:
(1) if it was committed when the person charged is already admitted to bail on a separate capital offense charge, separate offense punishable by life imprisonment, or separate violent crime charge 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.
(B) If the court determines in its discretion that such a the release of nonviolent offenders or violent offenders, when neither subsection (A)(1) nor (2) applies to the violent offense, 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 crimes include the crimes of murder, as defined in Section 16-3-10; voluntary manslaughter, as defined by common law; aggravated assault and battery; assault and battery with intent to kill, as defined in Section 16-3-620; kidnapping, as defined in Section 16-3-910; armed robbery, as defined in Section 16-11-330; trafficking in illegal drugs, as defined in Section 44-53-370(e); and criminal sexual conduct in the first degree, as defined in Section 16-3-652."
SECTION 2. This act takes effect on the date in 1993 that Article I, Section 15 of the Constitution of this State has been amended, so as to change the laws relating to the imposition of cruel, unusual, or corporal punishment. If Article I, Section 15 of the Constitution has not been amended, the provisions of this act are void.