Bill 1047

                    Current Status

Bill Number:                       1047
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19960123
Primary Sponsor:                   McConnell 
All Sponsors:                      McConnell 
Drafted Document Number:           pt\2132cm.96
Companion Bill Number:             4551
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Bail on personal
                                   recognizance

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19960430  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19960426  Read third time, sent to House
Senate  19960425  Read second time, unanimous consent
                  for third reading on Friday,
                  19960426
Senate  19960424  Committee report: Favorable              11 SJ
Senate  19960123  Introduced, read first time,             11 SJ
                  referred to Committee

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

April 24, 1996

S. 1047

S. Printed 4/24/96--S.

Read the first time January 23, 1996.

To whom was referred a Bill (S. 1047), to amend Sections 17-15-10 and 17-15-30, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

GLENN F. McCONNELL, for Committee.

A BILL

TO AMEND SECTIONS 17-15-10 AND 17-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY BE RELEASED ON THEIR OWN RECOGNIZANCES AND MATTERS TO BE CONSIDERED IN DETERMINING A PERSON'S RELEASE, SO AS TO PRESUME THE RELEASE OF AN ACCUSED VIOLENT CRIME OFFENDER WOULD CONSTITUTE AN UNREASONABLE DANGER TO THE COMMUNITY SUBJECT TO REBUTTAL BY THE ACCUSED OFFENDER.

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. Any 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 courts the court, must be ordered released pending trial on his own recognizance without surety in an amount specified by the court, unless the court determines in its discretion and subject to the limitations contained in Section 17-15-30(B) 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 this determination is made by the court, it may impose any one or more of the following conditions of release:

(a) Require the execution of an appearance bond in a specified amount with good and sufficient surety or sureties approved by the court;

(b) Place the person in the custody of a designated person or organization agreeing to supervise him;

(c) Place restrictions on the travel, association, or place of abode of the person during the period of release;

(d) Impose any other conditions deemed reasonably necessary to assure appearance as required, including a condition that the person return to custody after specified hours."

SECTION 2. Section 17-15-30 of the 1976 Code is amended to read:

"Section 17-15-30. (A) In Subject to the limitations contained in Section 17-15-30(B), when determining which conditions of release will reasonably assure appearance, or what release would constitute an unreasonable danger to the community, the court may, on the basis of available information, take into account the nature and circumstances of the offense charged, the accused's family ties, employment, financial resources, character and mental condition, the length of his residence in the community, his record of convictions, and any record of flight to avoid prosecution or failure to appear at other court proceedings.

(B) In a case in which a person is charged with an offense designated as a violent crime pursuant to Section 16-1-60, a rebuttable presumption arises whereby the person's release would constitute an unreasonable danger to the community. Subject to rebuttal by the person, it is presumed that no condition of release will eliminate the danger to the community."

SECTION 3. This act shall take effect upon the ratification of an amendment of Section 15, Article 1 of the Constitution of South Carolina which allows the General Assembly by law to deny bail for persons charged with the commission of a violent crime.