Current Status Bill Number:4032 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950412 Primary Sponsor:Meacham All Sponsors:Meacham Drafted Document Number:dka\3812cm.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Defendants released on recognizance, record of
Body Date Action Description Com Leg Involved
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House 19950412 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-12 SO AS TO REQUIRE THE CLERK OF COURT IN EACH COUNTY TO PREPARE A MONTHLY PUBLIC REGISTER CONTAINING CERTAIN INFORMATION REGARDING DEFENDANTS RELEASED ON THEIR OWN RECOGNIZANCE, TO REQUIRE THE CLERK OF COURT OF EACH COUNTY TO ANNUALLY SUBMIT CERTAIN INFORMATION TO THE OFFICE OF COURT ADMINISTRATION REGARDING DEFENDANTS RELEASED ON THEIR OWN RECOGNIZANCE, AND TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO SUBMIT THE INFORMATION IT RECEIVES FROM THE CLERK OF COURT TO THE GOVERNOR AND GENERAL ASSEMBLY IN AN ANNUAL REPORT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 17-15-12. (A) The Clerk of Court in each county shall prepare a register containing information regarding the cases and defendants who are released on their own recognizance pursuant to Section 17-15-10. The register must be available for public inspection.
(B) The register must be updated on a monthly basis and shall contain the following information for each defendant released on his own recognizance:
(1) the charge against the defendant;
(2) prior criminal convictions;
(3) required court appearances;
(4) missed court appearances; and
(5) bench warrants issued.
(C) During the first quarter of each calendar year, each Clerk of Court shall submit an annual report to the Office of Court Administration for the previous calendar year. The annual report shall contain the number of cases in which a:
(1) release on a person's own recognizance was denied;
(2) defendant was released on his own recognizance and a bench warrant was issued subsequently on the defendant's failure to appear before the court;
(3) defendant was released on his own recognizance and a bench warrant was issued by the court but remained unserved for more than one year; and
(4) defendant was released on his own recognizance and a warrant was issued for the defendant's arrest after his release for additional charges within one year.
(D) The Office of Court Administration shall compile the information contained in subsection (C) and issue an annual report. A copy of this report must be submitted to the Governor and the General Assembly."
SECTION 2. This act takes effect upon approval by the Governor.