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Bill 1175

                    Current Status

Bill Number:                      1175
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20000223
Primary Sponsor:                  McConnell
All Sponsors:                     McConnell
Drafted Document Number:          l:\s-jud\bills\mcconnell\jud0083.gfm.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Courts, bail, personal recognizance bond; 
                                  conditions which person may be released on 
                                  revised


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20000223  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS OF RELEASE BY WHICH A PERSON MAY BE RELEASED ON HIS OWN RECOGNIZANCE, SO AS TO DELETE A REFERENCE TO THE OBSOLETE COUNTY COURT AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-30, RELATING TO MATTERS TO BE CONSIDERED IN DETERMINING CONDITIONS OF RELEASE, SO AS TO ALLOW A JUDGE TO CONSIDER ANY RECORD OF ARRESTS WHEN SETTING CONDITIONS FOR RELEASE; TO AMEND SECTION 17-15-40, RELATING TO THE COURT ORDER STATING THE CONDITIONS FOR RELEASE AND THE ACKNOWLEDGMENT BY PERSON RELEASED, SO AS TO MAKE TECHNICAL AND CLARIFYING CHANGES; AND TO AMEND SECTION 17-15-50, RELATING TO THE IMPOSITION OF ADDITIONAL OR DIFFERENT CONDITIONS OF RELEASE, SO AS TO PROVIDE THAT A MAGISTRATE SHALL RETAIN JURISDICTIONAL AUTHORITY TO RESCIND OR MODIFY THOSE CONDITIONS, AT ANY TIME AFTER NOTICE AND HEARING, AND TO ENFORCE COMPLIANCE WITH THOSE CONDITIONS UNTIL A TRUE BILL OF INDICTMENT IS RETURNED BY A GRAND JURY.

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. Any person charged with a noncapital offense triable in either the magistrate's, county or circuit court, shall, at his appearance before any of such courts either court, 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 determination is made by the court, it may impose any one or more of the following conditions of release:

(a) Require require the execution of an appearance bond in a specified amount with good and sufficient surety or sureties approved by the court;

(b) Place place the person in the custody of a designated person or organization agreeing to supervise him;

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

(d) Impose 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."

SECTION 2. 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 constitutes an unreasonable danger to the community, the court may, on the basis of available information, take into account the nature and circumstances of the offense charged,; the accused's family ties, employment, financial resources, character and mental condition,; the length of his residence residency in the community,; his any record of arrests or convictions,; and any record of flight to avoid prosecution or failure to appear at other court proceedings."

SECTION 3. Section 17-15-40 of the 1976 Code is amended to read:

"Section 17-15-40. On releasing the person on any of the foregoing conditions set forth in Section 17-15-10, the court shall issue a brief order containing a statement of the conditions imposed, informing the person of the penalties for violation of the conditions of release, and stating that a warrant for the person's arrest will be issued immediately upon any such violation of the conditions imposed. The person released shall acknowledge his understanding of the terms and conditions of his release and the penalties and forfeitures applicable in the event of any violation thereof on a form to be prescribed by the Attorney General."

SECTION 4. Section 17-15-50 of the 1976 Code is amended to read:

"Section 17-15-50. (A) The court may, at any time after notice and hearing, amend the order to impose additional or different conditions of release. An amended order must contain a statement of the additional or different conditions imposed.

(B) If a magistrate imposes any conditions of release in Section 17-15-10, that magistrate, or another magistrate in the county if the magistrate who imposed the conditions is not available, retains the jurisdictional authority to rescind or modify those conditions, at any time after notice and hearing, and to enforce compliance with those conditions as provided in Section 17-15-40 until a true bill of indictment is returned by a grand jury examining the matter."

SECTION 5. This act takes effect upon approval by the Governor.

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