Reference is to Printer's Date 5/1/13-S.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 17-15-55 of the 1976 Code is amend by adding:
"(C) If a person released on bond pursuant to the provisions of this chapter for a violent crime, as defined in Section 16-1-60, is charged with a subsequent violent crime, as defined by Section 16-1-60, not arising out of the same series of events as the initial violent crime the bond hearing for the subsequent violent crime must be held in the circuit court within thirty days. If the court finds that certain conditions of release on bond will ensure that the person is unlikely to flee or pose a danger to any other person or the community and the person will abide by the terms of release on bond, the judge shall consider bond in accordance with the provisions of this chapter and set or amend bond accordingly. If the court finds no such conditions will ensure that the person is unlikely to flee or not pose a danger to the community, the court shall not set a bond for the instant offense and must revoke all previously set bonds.
(D) If a person while released on bond for a violent crime, as defined in Section 16-1-60, is charged with another violent crime not arising out of the same series of events as the initial violent crime, then the jail, prison, or corrections facility where the person is housed must transmit notice of the second arrest, implicating subsection (C), to the solicitor of the circuit in which the crime was committed and the administrative chief judge of the circuit in which the crime was committed. The prosecuting agency must notify any victims of the initial or subsequent crimes pursuant to Chapter 3, Title 16 of any bond hearings."
SECTION 2. Section 17-15-30 of the 1976 Code is amended to read:
"Section 17-15-30.
(A) In determining conditions of
release that will reasonably assure appearance, or if release
would constitute an unreasonable danger to the community, a
court may, on the basis of available the
following information, consider the nature and circumstances
of an offense charged and an accused's the
charged person's:
(1)
family ties;
(2)
employment;
(3)
financial resources;
(4)
character and mental condition;
(5)
length of residence in the community;
(6)
record of convictions; and
(7)
record of flight to avoid prosecution or failure to appear
at other court proceedings.
(B) A court shall
consider, if available:
(1)
an accused's a person's criminal
record;
(2)
any charges pending against an accused
a person at the time release is requested;
(3)
all incident reports generated as a result of an offense
charged; and
(4)
whether an accused a person is an
alien unlawfully present in the United States, and poses a
substantial flight risk due to this status; and
(5)
whether the charged person appears in the state
gang database maintained at the State Law Enforcement
Division.
(C)(1) Prior to or at
the time of a hearing, the arresting law enforcement agency
shall provide the court with the following information,
if available:
(a)
the accused's a person's criminal
record;
(b)
any charges pending against the accused
a person at the time release is requested;
(c)
all incident reports generated as a result of the offense
charged; and
(d)
any other information that will assist the court in
determining conditions of release.
(2)
The arresting law enforcement agency shall inform the
court if any of the information is not available at the time of
the hearing and the reason the information is not available.
Failure on the part of the law enforcement agency to provide the
court with the information does not constitute grounds for the
postponement or delay of the person's hearing.
(D) A court hearing
these matters has contempt powers to enforce the provisions of
this section."
SECTION 3. Section 22-5-510 of the 1976 Code, as last amended by Act 273 of 2010, 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, including, but not
limited to, any charges pending against the person requesting
bail. 'Violent offenses' as used in this section means the
offenses contained in Section 16-1-60. 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, in default whereof the
person must be incarcerated.
(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.
(C) In determining
conditions of release that will reasonably assure appearance, or
if release would constitute an unreasonable danger to the
community, a court, on the basis of the following information,
may consider the nature and circumstances of an offense charged
and the charged person's:
(1)
family ties;
(2)
employment;
(3)
financial resources;
(4)
character and mental condition;
(5)
length of residence in the community;
(6)
record of convictions; and
(7)
record of flight to avoid prosecution or failure
to appear at other court proceedings.
(D) A court
shall consider:
(1)
a person's criminal record;
(2)
any charges pending against a person at the time
release is requested;
(3)
all incident reports generated as a result of an
offense charged;
(4)
whether a person is an alien unlawfully present
in the United States, and poses a substantial flight risk due to
this status; and
(5)
whether the charged person appears in the state
gang database maintained at the State Law Enforcement
Division.
(E) Prior to
or at the time of the bond hearing, the arresting law
enforcement officer, local detention facility officer,
or local jail officer, as applicable, attending the
hearing agency shall provide the court with the
following information if available:
(1)
the person's criminal record;
(2)
any charges pending against the person at the time
release is requested;
(3)
all incident reports generated as a result of the offense
charged; and
(4)
any other information that will assist the court in
determining bail conditions of
release.
(D)(F)
The arresting law enforcement
officer, local detention facility officer, or local jail
officer, as applicable, agency shall inform the
court if any of the information required in
subsection subsections (C), (D), and
(E) is not available at the time of the
bond hearing and the reason the information is
not available. Failure on the part of the law enforcement
officer, local detention facility officer, or local jail
officer, as applicable, agency to provide the
court with the information required in subsection
(C) does not constitute grounds for the postponement or
delay of the person's bond hearing.
(E)(G)
A court hearing this matter has contempt powers to
enforce these provisions."
SECTION 4. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 5. This act takes effect upon approval by the Governor.\
Renumber sections to conform.
Amend title to conform.