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Current Status Bill Number:View additional legislative information at the LPITS web site.1320 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20000406 Primary Sponsor:Wilson All Sponsors:Wilson, Ravenel, Leatherman, Richardson, Thomas, Bauer, McConnell, Mescher, Ryberg, Russell, Giese, Courson, Gregory, Grooms, Branton, Alexander, Fair, Peeler, Martin and Hayes Drafted Document Number:l:\council\bills\gjk\21199sd00.doc Companion Bill Number:4339 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Exile Act of 2000, Crimes and Offenses, Weapons, Courts, Bail, bond hearings; Firearms History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000407 Companion Bill No. 4339 Senate 20000406 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO ENACT "THE SOUTH CAROLINA EXILE ACT OF 2000" INCLUDING PROVISIONS TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE INCREASED PENALTIES FOR AN OFFENDER WITH A PREVIOUS CONVICTION FOR A FELONY; TO AMEND SECTION 16-23-420, AS AMENDED, RELATING TO PENALTIES FOR ENTERING PUBLIC PROPERTY AND THREATENING OTHERS WITH A FIREARM, SO AS TO PROVIDE A MANDATORY MINIMUM TERM OF IMPRISONMENT UPON CONVICTION; TO AMEND SECTION 16-23-490, AS AMENDED, RELATING TO PENALTIES FOR POSSESSION OF A FIREARM DURING COMMISSION OF A VIOLENT CRIME, SO AS TO PROVIDE A SEPARATE OFFENSE FOR THE POSSESSION OF A FIREARM DURING AN OFFENSE INVOLVING A CONTROLLED SUBSTANCE AND TO PROVIDE A SEPARATE, MANDATORY MINIMUM TERM OF IMPRISONMENT UPON CONVICTION; TO AMEND SECTION 17-15-10, RELATING TO BAIL AND RECOGNIZANCE, SO AS TO ADD OTHER CONDITIONS OF RELEASE AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-15, RELATING TO THE DEPOSIT OF CASH PERCENTAGE IN LIEU OF BOND, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-30, RELATING TO THE COURT'S CONSIDERATION OF CERTAIN FACTORS WHEN MAKING A BAIL DECISION, SO AS TO PROVIDE ADDITIONAL FACTORS AND TO REQUIRE THE COURT TO CONSIDER EACH FACTOR WHEN MAKING ITS DECISION; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS, SO AS TO PROVIDE ADDITIONAL OFFENSES FOR WHICH THE MAGISTRATE MAY DENY BAIL AND TO REQUIRE THE MAGISTRATE TO OBTAIN, WHEN FEASIBLE, THE PERSON'S CRIMINAL HISTORY FROM THE ARRESTING LAW ENFORCEMENT AGENCY BEFORE CONDUCTING THE BOND HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as "The South Carolina Exile Act of 2000".
SECTION 2. Section 16-23-50(A)(1) of the 1976 Code, as last amended by Act 297 of 1998, is further amended to read:
"(A)(1) A person, including a dealer, who violates the provisions of this article, except Section 16-23-20, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both. Provided, however, a person who violates the provisions of this article, except Section 16-23-20, and who was previously convicted of a violent crime as defined in Section 16-1-60, upon conviction, must be sentenced to a mandatory minimum term of imprisonment of five years, no part of which may be suspended or probation granted. Provided, further, a person who violates the provisions of this article, except Section 16-23-20, and who was previously convicted of a felony not listed in Section 16-1-60, upon conviction, must be sentenced to a mandatory minimum term of imprisonment of two years, no part of which may be suspended or probation granted. A person sentenced to a mandatory minimum term of imprisonment pursuant to this section is not eligible for parole or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory minimum term of imprisonment required by this section."
SECTION 3. Section 16-23-420(C) of the 1976 Code, as last amended by Act 464 of 1996, is further amended to read:
"(C)(1) A person who violates the provisions of this section subsection (A) is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(2) A person who violates the provisions of subsection (B) is guilty of a felony and, upon conviction, must be sentenced to a mandatory minimum term of imprisonment of five years, no part of which may be suspended or probation granted, and which must be served consecutively to any other sentence imposed.
(3) A person sentenced to a mandatory minimum term of imprisonment pursuant to this section is not eligible for parole or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory minimum term of imprisonment required by this section."
SECTION 4. Section 16-23-490(A) and (B) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(A)(1) If a person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife during the commission of a violent crime and is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, he must be imprisoned sentenced to a mandatory minimum term of imprisonment of five years no part of which may be suspended or probation granted, in addition to the punishment provided for the principal crime. This five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime.
(2) It is a separate criminal offense for a person to be in possession of a firearm or visibly display what appears to be a firearm during the commission or attempted commission of the illegal manufacture, sale, distribution, purchase, or possession with intent to distribute a controlled substance. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be sentenced to a mandatory minimum term of imprisonment of five years, no part of which may be suspended or probation granted, in addition to the punishment provided for the principal crime.
(B) Service of the five-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. A person sentenced to a mandatory minimum term of imprisonment pursuant to this section is not eligible for parole or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory minimum term of imprisonment required by this section. The court may shall impose this mandatory five-year sentence to run consecutively or concurrently to the punishment provided for the principal crime."
SECTION 5. Section 16-23-490(E) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(E)(1) The additional punishment punishments may not be imposed unless the indictment alleged as a separate count that:
(a) the person was in possession of a firearm or visibly displayed what appeared to be a firearm or visibly displays a knife during the commission of the violent crime and conviction was had upon this count in the indictment; or
(b) the person was in possession of a firearm or visibly displayed what appeared to be a firearm during the commission or attempted commission of the offense of the illegal manufacture, sale, distribution, purchase, or possession with intent to distribute a controlled substance and conviction was had upon this count in the indictment.
(2) The penalties prescribed in this section subsection (A)(1) may not be imposed unless the person convicted was at the same time indicted and convicted of a violent crime as defined in Section 16-1-60. The penalties prescribed in subsection (A)(2) may not be imposed unless the person convicted was at the same time indicted and convicted of the offense of the illegal manufacture, sale, distribution, purchase, or possession with intent to distribute a controlled substance."
SECTION 6. 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 municipal, or circuit court, shall, at his appearance before any of such these courts, shall 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 that 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 considered reasonably necessary to assure appearance as required, including a condition that the person return to custody after specified hours; or
(e)(5) require the person to do any of the following:
(a) maintain employment or, if unemployed, actively seek employment;
(b) maintain or begin an educational program;
(c) avoid all contact with an alleged victim of the crime and with any potential witness who may testify concerning the offense;
(d) comply with a specified curfew;
(e) refrain from excessive use of alcohol or use of an illegal drug or a controlled substance not prescribed by a health care provider; or
(f) submit to testing for drugs and alcohol until final disposition of the case."
SECTION 7. Section 17-15-15 of the 1976 Code is amended to read:
"Section 17-15-15. (a)(A) In lieu of requiring actual posting of bond as provided in item (a)(1) of Section 17-15-10, the court setting bond may permit the defendant to deposit in cash with the clerk of court an amount not to exceed ten percent of the amount of bond set, which and that amount, when the defendant fulfills the condition of the bond, shall must be returned to the defendant by the clerk except as provided in subsection (c)(C).
(b)(B) The cash deposit provided for in subsection (a)(A) shall be is assignable at any time after it is posted with the clerk of court by written assignment executed by the defendant and delivered to the clerk. After assignment and after the defendant fulfills the condition of his bond, the clerk shall must return the cash deposit to the assignee thereof.
(c)(C) In the event If the cash deposit is not assigned but the defendant is required by the court to make restitution to the victim of his crime, such the deposit may be used for the purpose of such the restitution."
SECTION 8. Section 17-15-30 of the 1976 Code is amended to read:
"Section 17-15-30. In 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, shall take into account:
(1) the nature and circumstances of the offense charged,;
(2) whether a firearm is alleged to have been used in the offense;
(3) the weight of the evidence;
(4) the accused's family ties, employment, financial resources, character, and mental condition,;
(5) the length of his residence in the community,;
(6) his record of convictions, and;
(7) any record of flight to avoid prosecution or failure to appear at other court proceedings;
(8) whether the person is likely to obstruct or attempt to obstruct justice or threaten, injure, or intimidate or attempt to threaten, injure, or intimidate a prospective witness, juror, or victim; and
(9) any other information available which the court considers relevant to the determination of whether the person is unlikely to appear for court proceedings or whether the person's release constitutes an unreasonable danger to the community."
SECTION 9. Section 22-5-510 of the 1976 Code, as last amended by Act 425 of 1998, is further amended to read:
"Section 22-5-510. (A) Magistrates may admit to bail a person charged with an offense, the punishment of which is not death or imprisonment for life; provided, however, with respect to violent offenses as defined by the General Assembly pursuant to Section 15, Article I of the Constitution of South Carolina, magistrates may deny bail giving due weight to the evidence and to the nature and circumstances of the event. 'Violent offenses' as used in this section means:
(1) the offenses contained in Section 16-1-60;
(2) the offenses contained in Section 16-23-50(A)(1);
(3) the offenses contained in Section 16-23-420(A) or (B); (4) the offenses contained in Section 16-23-490(A)(1) or (2); (5) the offenses contained in Sections 44-53-370, 44-53-375, 44-53-440, and 44-53-445 if the maximum term of imprisonment is ten years or more and the person was previously convicted of a like offense or if the person was previously convicted as a 'drug kingpin', as defined by Section 44-53-475;
(6) any felony if the person has been previously convicted of two or more offenses defined in Section 16-1-60 whether under the laws of this State or substantially similar laws of the United States; (7) the sexually violent offenses listed in Section 44-48-30(2) if the person has been previously convicted of an offense listed in that section and the magistrate finds probable cause to believe that the person who is currently charged with one of these offenses committed the offense charged; and
(8) any felony committed while the person is on release pending trial for a prior felony under federal or state law or on release pending imposition or execution of sentence or appeal of sentence or conviction.
(B) If a person under lawful arrest on a charge not bailable is brought before a magistrate, the magistrate shall commit the person to jail. If the offense charged is bailable, the magistrate shall take recognizance with sufficient surety, if it is offered, and in default whereof of which the person must be incarcerated. (B)(C) A person charged with a bailable offense must have a bond hearing within twenty-four hours of his arrest and must be released within a reasonable time, not to exceed four hours, after the bond is delivered to the incarcerating facility. Prior to conducting the bond hearing, the magistrate, to the extent feasible, shall obtain the person's criminal history from the arresting law enforcement agency.
(D) 'Criminal history' means records and data collected by the State Law Enforcement Division, the Federal Bureau of Investigation, and other law enforcement agencies consisting of identifiable descriptions and notations of arrests, detentions, indictments, convictions, or other formal charges."
SECTION 10. If any provision of this act or its application to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and, to this end, the provisions of this act are severable.
SECTION 11. This act takes effect upon approval by the Governor and applies to offenses committed on or after that date. A person arrested, charged, or indicted under those provisions of law amended by this act must be tried and sentenced as provided by the law in force at the time of the commission of the offense.
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