Bill 4412

                    Current Status

Bill Number:                       4412
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19980114
Primary Sponsor:                   Kelley
All Sponsors:                      Kelley, Sandifer, Woodrum,
                                   Barfield, Robinson, Edge, Keegan,
                                   Cotty, Witherspoon, Riser, Barrett,
                                   Knotts 
Drafted Document Number:           dka\4706cm.98
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Subject:                           Personal recognizance bond,
                                   magistrate or municipal court
                                   offense, posting of; Courts

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

Senate  19980205  Introduced, read first time,             11 SJ
                  referred to Committee
House   19980204  Read third time, sent to Senate
House   19980203  Read second time
House   19980203  Co-Sponsor added (Rule 5.2) by Rep.              Knotts
House   19980128  Committee report: Favorable              25 HJ
House   19980114  Introduced, read first time,             25 HJ
                  referred to Committee

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

January 28, 1998

H. 4412

Introduced by Reps. Kelley, Sandifer, Woodrum, Barfield, Robinson, Edge, Keegan, Cotty, Witherspoon, Riser and Barrett

S. Printed 1/28/98--H.

Read the first time January 14, 1998.

To whom was referred a Bill (H. 4412), to amend Section 17-15-10, Code of Laws of South Carolina, 1976, relating to release on personal recognizance, etc., respectfully

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

JAMES H. HARRISON, for Committee.

A BILL

TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE ON PERSONAL RECOGNIZANCE, SO AS TO PROVIDE THAT A PERSON CHARGED WITH A MAGISTRATE'S COURT OR MUNICIPAL COURT OFFENSE MAY WAIVE HIS APPEARANCE BEFORE THE COURT AND POST A BOND IN AN AMOUNT PREVIOUSLY APPROVED BY THE COURT.

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 A person charged with a noncapital offense triable in either the magistrate's court, county municipal court, or circuit court, shall, at his appearance before any of such courts either court, be 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 that such a release 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)(1) 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 the person in the custody of a designated person or organization agreeing to supervise him;

(c)(3) place restrictions on the travel, association, or place of abode of the person during the period of release;

(d)(4) impose any other conditions deemed reasonably necessary to assure appearance as required, including a condition that the person return to custody after specified hours.

(B) A person charged with an offense triable in magistrate's court or municipal court may waive his appearance before the court and post a bond in an amount that has been approved previously by the court for the charged offense. This provision does not limit the State to demand a full bond hearing before a judicial officer."

SECTION 2. This act takes effect upon approval by the Governor.