SC H3532 | 2023-2024 | 125th General Assembly
Status
Completed Legislative Action
Spectrum: Partisan Bill (Republican 33-0)
Status: Passed on June 26 2023 - 100% progression
Action: 2023-06-26 - Act No. 83
Text: Latest bill text (Introduced) [HTML]
Spectrum: Partisan Bill (Republican 33-0)
Status: Passed on June 26 2023 - 100% progression
Action: 2023-06-26 - Act No. 83
Text: Latest bill text (Introduced) [HTML]
Summary
Amend The South Carolina Code Of Laws By Adding Section 17-15-270 So As To Create An Additional Offense Punishable By Up To Five Years If A Person Commits A Subsequent Violent Crime While Subject To A Bond Order Or Pretrial Release Order For A Previous Violent Crime; By Amending Section 17-15-15, Relating To Cash Deposits In Lieu Of Bond, So As To Provide That If The Court Finds That A Defendant May Be Released On Bond Who Has Been Charged With A Violent Offense Or Any Felony Offense Involving A Firearm While Out On Bond Or Other Pretrial Release, The Bond Must Be Set At The Full United States Cash Currency Bond Rather Than Ten Percent; By Amending Section 17-15-30, Relating To Matters To Be Considered In Determining Conditions Of Release, So As To Include Whether A Person Is Currently Out On Bond For Another Offense; By Adding Section 17-15-35 So As To Define Necessary Terms, And To Provide Procedures For Court-ordered Electronic Monitoring In Lieu Of Setting Bond Or As An Additional Condition Of Bond; By Adding Section 17-15-37 So As To Authorize The South Carolina Law Enforcement Division To Promulgate Regulations Regarding Electronic Monitoring And To Provide Parameters For Which An Electronic Monitoring Agency Must Operate Within; By Amending Section 17-15-55, Relating To Reconsideration Of Bond By The Circuit Court Set By A Summary Court, So As To Provide A Defendant Must Be Advised Of His Right To A Speedy Trial And To Provide Procedures Related To Speedy Trials, To Provide For The Revocation Of Previous Bond If A Person Commits A Violent Offense Or A Felony Offense Involving A Firearm Which Was Committed While The Person Was Already Out On Bond For A Previous Violent Offense Or Felony Offense Involving A Firearm, To Require A Full Bond Under Certain Repeat Offender Circumstances, And To Provide Conforming Procedures; By Amending Section 22-5-510, Relating To Bail And Bond Hearings And Conditions Of Release, So As To Include Whether A Person Is Currently Out On Bond For Another Offense; By Amending Section 24-13-40, Relating To The Computation Of Time Served By Prisoners, So As To Prohibit Credit For Time Served Prior To Trial And Sentencing When The Prisoner Committed A Subsequent Crime While Out On Bond Or Had Bond Revoked On Any Charge Prior To Trial Or Plea; By Amending Section 24-13-425, Relating To The Offense Of Tampering With An Electronic Monitoring Device, So As To Delete An Unnecessary Definition And Exempt Certain Authorized Employees Or Agents From The Purview Of The Statute; By Adding Section 17-15-500 So As To Establish The South Carolina Pretrial Reform Commission, Provide For Its Membership And Duties, And Terminate The Commission On A Date Certain; By Amending Section 38-53-10, Relating To Defintions For Purposes Of The Chapter On Bail Bondsmen And Runners, So As To Revise The Definition Of "surety Bondsman" And Define The Term "electronic Monitoring"; By Amending Section 38-53-50, Relating To Surety Relieved On Bond, So As To Make A Technical Change Regarding Nonpayment Of Premium Fees Alone Not Being Sufficient To Warrant Immediate Incarceration Of The Defendant; By Amending Section 38-53-70, Relating To The Issuance Of Bench Warrants For Failure To Appear, So As To Revise The Statute To Apply More Broadly When A Defendant Violates The Conditions Of Bond And Revise Time Frames Provided For The Notice Of The Bench Warrant; By Adding Section 38-53-84 So As To Require Notification To The Appropriate Solicitor If A Defendant Violates An Order For Electronic Monitoring, To Provide For Relief From The Bond If The Defendant Fails To Pay For The Monitoring, And To Provide For Possible Revocation Of A Bondsman's License For Failure To Comply With Reporting Requirements; By Amending Section 38-53-170, Relating To Unlawful Acts By Bondsmen And Runners, So As To Provide Additional Payment Procedures And Expense Reimbursement Procedures; By Amending Section 38-53-310, Relating To Written Bail Bond Reports That Must Be Filed Each Month With The Clerk Of Court, So As To Include Current Data Retained As An Express Condition Of Bond, And To Allow For The Use Of A Data Management Software System In Lieu Of The Written Report; And By Adding Section 38-53-55 So As To Require A Person Engaged In Electronic Monitoring Of A Defendant Charged With A Violent Offense To Report To The Court And Law Enforcement Officials If The Defendant Has Contact With The Alleged Victim. - Ratified Title
Title
Bond Reform
Sponsors
Roll Calls
2023-06-14 - House - House: Adopt Free Conference Report (Y: 89 N: 16 NV: 8 Abs: 11) [PASS]
2023-06-14 - House - House: Grant Free Conference Powers (Y: 105 N: 0 NV: 8 Abs: 11) [PASS]
2023-06-14 - Senate - Senate: To Adopt The Free Conference Report (Y: 36 N: 0 NV: 0 Abs: 10) [PASS]
2023-04-26 - House - House: Adopt Amendment 1a Amendment Number 1a (Y: 110 N: 1 NV: 9 Abs: 4) [PASS]
2023-04-12 - Senate - Senate: 3rd Reading (Y: 43 N: 0 NV: 0 Abs: 3) [PASS]
2023-03-02 - House - House: Passage Of Bill (Y: 93 N: 13 NV: 10 Abs: 8) [PASS]
2023-03-01 - House - House: Passage Of Bill (Y: 92 N: 20 NV: 8 Abs: 4) [PASS]
2023-03-01 - House - House: Table Amendment 10 Amendment Number 10 (Y: 57 N: 52 NV: 11 Abs: 4) [PASS]
2023-03-01 - House - House: Table Amendment 9 Amendment Number 9 (Y: 81 N: 27 NV: 12 Abs: 4) [PASS]
2023-03-01 - House - House: Table Amendment 7 Amendment Number 7 (Y: 76 N: 27 NV: 17 Abs: 4) [PASS]
2023-03-01 - House - House: Table Amendment 5 Amendment Number 5 (Y: 78 N: 24 NV: 18 Abs: 4) [PASS]
2023-03-01 - House - House: Table Amendment 4 Amendment Number 4 (Y: 75 N: 25 NV: 20 Abs: 4) [PASS]
2023-06-14 - House - House: Grant Free Conference Powers (Y: 105 N: 0 NV: 8 Abs: 11) [PASS]
2023-06-14 - Senate - Senate: To Adopt The Free Conference Report (Y: 36 N: 0 NV: 0 Abs: 10) [PASS]
2023-04-26 - House - House: Adopt Amendment 1a Amendment Number 1a (Y: 110 N: 1 NV: 9 Abs: 4) [PASS]
2023-04-12 - Senate - Senate: 3rd Reading (Y: 43 N: 0 NV: 0 Abs: 3) [PASS]
2023-03-02 - House - House: Passage Of Bill (Y: 93 N: 13 NV: 10 Abs: 8) [PASS]
2023-03-01 - House - House: Passage Of Bill (Y: 92 N: 20 NV: 8 Abs: 4) [PASS]
2023-03-01 - House - House: Table Amendment 10 Amendment Number 10 (Y: 57 N: 52 NV: 11 Abs: 4) [PASS]
2023-03-01 - House - House: Table Amendment 9 Amendment Number 9 (Y: 81 N: 27 NV: 12 Abs: 4) [PASS]
2023-03-01 - House - House: Table Amendment 7 Amendment Number 7 (Y: 76 N: 27 NV: 17 Abs: 4) [PASS]
2023-03-01 - House - House: Table Amendment 5 Amendment Number 5 (Y: 78 N: 24 NV: 18 Abs: 4) [PASS]
2023-03-01 - House - House: Table Amendment 4 Amendment Number 4 (Y: 75 N: 25 NV: 20 Abs: 4) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2023-06-26 | Act No. 83 | |
| 2023-06-26 | Effective date See Act for Effective Date | |
| 2023-06-20 | Signed By Governor | |
| 2023-06-14 | Ratified R 98 | |
| 2023-06-14 | Senate | Ordered enrolled for ratification |
| 2023-06-14 | Senate | Roll call Ayes-36 Nays-0 |
| 2023-06-14 | Senate | Free conference report received and adopted |
| 2023-06-14 | Senate | Free conference committee appointed Malloy, Hembree, Adams |
| 2023-06-14 | Senate | Free conference powers granted |
| 2023-06-14 | House | Roll call Yeas-89 Nays-16 |
| 2023-06-14 | House | Free conference report received and adopted |
| 2023-06-14 | House | Free conference committee appointed JE Johnson, Robbins, Wetmore |
| 2023-06-14 | House | Roll call Yeas-105 Nays-0 |
| 2023-06-14 | House | Free conference powers granted |
| 2023-05-03 | Senate | Conference committee appointed Malloy, Hembree, Adams |
| 2023-05-03 | House | House insists upon amendment and conference committee appointed Reps. JE Johnson, Robbins, Wetmore |
| 2023-05-02 | Senate | Non-concurrence in House amendment |
| 2023-04-26 | House | Returned to Senate with amendments |
| 2023-04-26 | House | Roll call Yeas-110 Nays-1 |
| 2023-04-26 | House | Senate amendment amended |
| 2023-04-20 | House | Debate adjourned |
| 2023-04-19 | House | Debate adjourned |
| 2023-04-17 | Scrivener's error corrected | |
| 2023-04-12 | Senate | Roll call Ayes-43 Nays-0 |
| 2023-04-12 | Senate | Read third time and returned to House with amendments |
| 2023-04-12 | Senate | Amended |
| 2023-04-11 | Senate | Read second time |
| 2023-03-30 | Senate | Special order, set for March 30, 2023 |
| 2023-03-30 | Senate | Recalled from Committee on Judiciary |
| 2023-03-02 | Scrivener's error corrected | |
| 2023-03-02 | Senate | Referred to Committee on Judiciary |
| 2023-03-02 | Senate | Introduced and read first time |
| 2023-03-02 | House | Roll call Yeas-93 Nays-13 |
| 2023-03-02 | House | Read third time and sent to Senate |
| 2023-03-02 | Scrivener's error corrected | |
| 2023-03-01 | House | Roll call Yeas-92 Nays-20 |
| 2023-03-01 | House | Read second time |
| 2023-03-01 | House | Amended |
| 2023-03-01 | House | Member(s) request name added as sponsor: Landing, Hixon, Taylor, Oremus, Cromer, J.E.Johnson |
| 2023-02-28 | House | Member(s) request name added as sponsor: Yow |
| 2023-02-28 | House | Requests for debate-Rep |
| 2023-02-28 | Scrivener's error corrected | |
| 2023-02-28 | House | Member(s) request name added as sponsor: Chumley, Ligon, Hiott |
| 2023-02-23 | House | Member(s) request name added as sponsor: Mitchell |
| 2023-02-23 | House | Committee report: Favorable with amendment Judiciary |
| 2023-02-14 | House | Member(s) request name added as sponsor: Leber |
| 2023-02-07 | House | Member(s) request name added as sponsor: Bailey, Hardee, Blackwell |
| 2023-02-02 | House | Member(s) request name added as sponsor: Thayer |
| 2023-01-24 | House | Member(s) request name added as sponsor: Gilliam |
| 2023-01-19 | House | Member(s) request name added as sponsor: W.Newton, M.M.Smith, Davis, Pace, B.L.Cox |
| 2023-01-18 | House | Member(s) request name added as sponsor: Carter |
| 2023-01-10 | House | Referred to Committee on Judiciary |
| 2023-01-10 | House | Introduced and read first time |
| 2022-12-15 | House | Referred to Committee on Judiciary |
| 2022-12-15 | House | Prefiled |
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 17 | 15 | 15 | (n/a) | See Bill Text |
| 17 | 15 | 270 | (n/a) | See Bill Text |
| 17 | 15 | 30 | (n/a) | See Bill Text |
| 17 | 15 | 35 | (n/a) | See Bill Text |
| 17 | 15 | 37 | (n/a) | See Bill Text |
| 17 | 15 | 500 | (n/a) | See Bill Text |
| 17 | 15 | 55 | (n/a) | See Bill Text |
| 22 | 5 | 510 | (n/a) | See Bill Text |
| 24 | 13 | 40 | (n/a) | See Bill Text |
| 24 | 13 | 425 | (n/a) | See Bill Text |
| 38 | 53 | 10 | (n/a) | See Bill Text |
| 38 | 53 | 170 | (n/a) | See Bill Text |
| 38 | 53 | 310 | (n/a) | See Bill Text |
| 38 | 53 | 50 | (n/a) | See Bill Text |
| 38 | 53 | 55 | (n/a) | See Bill Text |
| 38 | 53 | 70 | (n/a) | See Bill Text |
| 38 | 53 | 84 | (n/a) | See Bill Text |
