South Carolina General Assembly
113th Session, 1999-2000

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Bill 3183


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3183
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990112
Primary Sponsor:                  Klauber
All Sponsors:                     Klauber, Seithel
Drafted Document Number:          l:\council\bills\bbm\10035som99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Magistrates, bailing at bond hearing may 
                                  be detained for forty-eight hours when 
                                  domestic violence; Courts


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990112  Introduced, read first time,           25 HJ
                  referred to Committee
House   19990106  Prefiled, referred to Committee        25 HJ


                             Versions of This Bill

View additional legislative information at the LPITS web site.


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

A BILL

TO AMEND SECTION 22-5-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BAILING OF PERSONS BY MAGISTRATES AND THE TIME PERIODS FOR HOLDING A BOND HEARING AND RELEASING A PERSON CHARGED WITH A BAILABLE OFFENSE, SO AS TO PROVIDE THAT THE MAGISTRATE MAY ORDER A PERSON CHARGED WITH A VIOLATION OF CERTAIN CRIMINAL DOMESTIC VIOLENCE PROVISIONS OF LAW BE DETAINED IN THE INCARCERATING FACILITY FOR FORTY-EIGHT HOURS AFTER ARREST IF THE MAGISTRATE FINDS AT THE HEARING THAT THE ALLEGED VICTIM HAS REQUESTED AND HAS SHOWN GOOD CAUSE FOR DETAINING THE PERSON FOR THAT PERIOD OF TIME.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 22-5-510(B) of the 1976 Code, as amended by Act 425 of 1998, is further amended to read:

"(B) 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. However, in the case of a violation of the criminal domestic violence provisions of law, as contained in Chapter 25 of Title 16, the magistrate, upon a request from the alleged victim and showing of good cause made at the hearing, may order the person detained for forty-eight hours after his arrest. "

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

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