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S. 1055
STATUS INFORMATION
Joint Resolution
Sponsors: Senators McConnell, Ford, Martin, Fair, Hayes, Setzler, Campsen, Vaughn and Ceips
Document Path: l:\s-jud\bills\mcconnell\jud0043.kw.doc
Introduced in the Senate on January 31, 2008
Currently residing in the Senate
Summary: Bail
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/31/2008 Senate Introduced and read first time SJ-6
1/31/2008 Senate Referred to Committee on Judiciary SJ-6
2/5/2008 Senate Referred to Subcommittee: Malloy (ch), Ford, Rankin,
Knotts, Cleary
3/5/2008 Senate Committee report: Majority favorable with amend.,
minority unfavorable Judiciary SJ-13
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 5, 2008
S. 1055
Introduced by Senators McConnell, Ford, Martin, Fair, Hayes, Setzler, Campsen and Vaughn
S. Printed 3/5/08--S.
Read the first time January 31, 2008.
To whom was referred a Joint Resolution (S. 1055) proposing an amendment to Section 15, Article I of the Constitution of South Carolina, 1895, relating to the right of bail, so as to authorize the denial of bail, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting the following:
/ SECTION 1. It is proposed that Section 15, Article I of the Constitution of this State be amended to read:
"Section 15. All persons shall be, before conviction, bailable by sufficient sureties, but bail may be denied to persons charged with capital offenses or offenses punishable by life imprisonment, or with violent offenses defined by the General Assembly, giving due weight to the evidence and to the nature and circumstances of the event. In addition, any person who, while released on bail pending trial, is accused in this State of a violent offense shall have bail revoked and denied pending trial if a judge in this State determines at a hearing by a preponderance of the evidence that the person violated a condition of release relating to the safety of the community or the safety of any other person. Excessive bail shall not be required, nor shall excessive fines be imposed, nor shall cruel, nor corporal, nor unusual punishment be inflicted, nor shall witnesses be unreasonably detained."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 15, Article I of the Constitution of this State be amended so as to provide that a person who, while released on bail pending trial, is accused of a violent offense shall be denied bail if a judge in the State determines at a hearing by a preponderance of the evidence that the person violated a condition of release relating to the safety of the community or the safety of any other person?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
GERALD MALLOY C. BRADLEY HUTTO
For Majority. For Minority.
EXPLANATION OF IMPACT:
State Election Commission
The agency indicates there will be no impact on the General Fund of the State or on federal and/or other funds. While there is a cost associated with printing a referendum ballot, the funding for statewide general elections is sufficient to cover the cost.
Judicial Department
The Judicial Department indicates adoption of this amendment to the Constitution would have no fiscal impact on the General Fund of the State, or on federal and/or other funds.
Approved By:
Harry Bell
Office of State Budget
PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RIGHT OF BAIL, SO AS TO AUTHORIZE THE DENIAL OF BAIL TO A PERSON WHO IS RELEASED ON BAIL PENDING TRIAL AND WHOSE BAIL IS REVOKED OR FORFEITED FOR VIOLATING A CONDITION OF RELEASE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 15, Article I of the Constitution of this State be amended to read:
"Section 15. All persons shall be, before conviction, bailable by sufficient sureties, but bail may be denied to persons charged with capital offenses or offenses punishable by life imprisonment, or with violent offenses defined by the General Assembly, giving due weight to the evidence and to the nature and circumstances of the event. In addition, any person who, while released on bail pending trial, is accused in this State of a violent offense shall have bail revoked and denied pending trial if a judge in this State determines at a hearing by a preponderance of the evidence that the person violated a condition of release relating to the safety of the community. Excessive bail shall not be required, nor shall excessive fines be imposed, nor shall cruel, nor corporal, nor unusual punishment be inflicted, nor shall witnesses be unreasonably detained."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 15, Article I of the Constitution of this State be amended so as to provide that a person who, while released on bail pending trial, is accused of a violent offense shall be denied bail if a judge in the State determines at a hearing by a preponderance of the evidence that the person violated a condition of release relating to the safety of the community?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
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