South Carolina General Assembly
116th Session, 2005-2006

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Bill 3648


Indicates Matter Stricken
Indicates New Matter


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

A 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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