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H. 3648
STATUS INFORMATION
General Bill
Sponsors: Reps. Haskins, Vaughn and Tripp
Document Path: l:\council\bills\nbd\11523ac05.doc
Introduced in the House on February 24, 2005
Currently residing in the House Committee on Judiciary
Summary: Maranda's Law
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/24/2005 House Introduced and read first time HJ-15 2/24/2005 House Referred to Committee on Judiciary HJ-15
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-75 SO AS TO ENACT MARANDA'S LAW TO REQUIRE A COURT TO MAKE WRITTEN FINDINGS OF FACT CONCERNING, AMONG OTHER THINGS, THE NATURE AND EXTENT OF DOMESTIC VIOLENCE COMMITTED BY A PERSON BEFORE RELEASING THE PERSON ON BOND OR SUSPENDING THE IMPOSITION OR EXECUTION OF A SENTENCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as "Maranda's Law".
SECTION 2. Article 1, Chapter 25, Title 16 of the 1976 Code is amended by adding:
"Section 16-25-75. In addition to the provisions of Section 17-15-30, before releasing a person on bond who has been arrested for criminal domestic violence, pursuant to Section 16-25-20(A) or (E) or Section 16-25-65(A), or before suspending the imposition or execution of a sentence imposed pursuant to this article, the court shall make written findings of fact concerning, but not limited to, the following:
(1) whether the person committed the domestic violence while subject to an order of protection, pursuant to Chapter 4, Title 20, the 'Protection from Domestic Abuse Act', or a valid protection order related to domestic or family violence issued by a court of another state, tribe, or territory;
(2) the nature and circumstances of the criminal domestic violence offense committed by the person;
(3) the nature and extent of any physical harm or injury that the person inflicted upon the victim;
(4) the nature and extent of any recent threats of physical harm or injury that the person has made against the victim;
(5) the nature and extent of prior domestic violence perpetrated by the person and whether the person was convicted of or pled guilty or nolo contendere to a criminal offense for such domestic violence; and
(6) the nature and extent of prior convictions for violent crimes, as defined in Section 16-1-60."
SECTION 3. This act takes effect upon approval by the Governor.
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