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COMMITTEE REPORT
February 1, 2001
H. 3057
S. Printed 2/1/01--H.
Read the first time January 9, 2001.
To whom was referred a Bill (H. 3057) to amend Chapter 15, Title 17, Code of Laws of South Carolina, 1976, relating to bails and recognizances, by adding Section 17-15-65, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 17-15-65. (A) It is unlawful for a person who has been released pursuant to this chapter and who is subject to a bench warrant which has been outstanding for ninety days or more to wilfully fail to appear at a court proceeding as required.
(B) If the person was released in connection with a felony charge or while awaiting sentence after conviction, the penalty is a fine of not more than ten thousand dollars, or imprisonment of not more than ten years, or both.
(C) If the person was released in connection with a misdemeanor charge, the penalty is a fine of not more than one thousand dollars, or imprisonment for not more than one year, or both.
(D) In addition, the bond or security pledged for the release of the person is forfeited as provided by Section 38-53-70.
(E) A person convicted under this section is not eligible for release on a personal recognizance bond if charged with committing any future offense."
SECTION 2. This act takes effect on January first of the year after its approval by the Governor. /
renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON, for Committee.
TO AMEND CHAPTER 15, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILS AND RECOGNIZANCES, BY ADDING SECTION 17-15-65 SO AS TO ESTABLISH THE OFFENSE OF WILFUL FAILURE TO APPEAR IN COURT TO ANSWER THE CHARGE OR INDICTMENT AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 17-15-65. (A) It is unlawful for a person who has been released pursuant to this chapter to wilfully fail to appear at a court proceeding as required.
(B) If the person was released in connection with a felony charge or while awaiting sentence after conviction, the penalty is a fine of not more than five thousand dollars, or imprisonment of not more than five years, or both.
(C) If the person was released in connection with a misdemeanor charge, the penalty is a fine of not more than one thousand dollars, or imprisonment for not more than one year, or both.
(D) In addition, the bond or security pledged for the release of the person is forfeited as provided by Section 38-53-70."
SECTION 2. This act takes effect upon approval by the Governor.
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