South Carolina General Assembly
113th Session, 1999-2000

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Bill 3068

Indicates Matter Stricken
Indicates New Matter

                    Current Status

Bill Number:                      3068
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990112
Primary Sponsor:                  Kelley
All Sponsors:                     Kelley
Drafted Document Number:          l:\council\bills\bbm\10006som99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Personal recognizance bond, magistrate or 
                                  municipal court offense; may post bond in 
                                  approved amount; Courts


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990112  Introduced, read first time,           25 HJ
                  referred to Committee
House   19981209  Prefiled, referred to Committee        25 HJ


                             Versions of This Bill
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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 the 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 that 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 from demanding a full bond hearing before a judicial officer."

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

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