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  • Introduced
    Dec 15, 2022
  • Passed House
    Mar 02, 2023
  • Passed Senate
    Apr 12, 2023
  • Signed into Law
    Jun 20, 2023
H 3532
South Carolina House Bill
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AN ACT TO 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
Last Action See all actions
legislature • Jun 26, 2023: Act No. 83

Official Summary/Bill Text

Comments on H 3532

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Sponsors
Votes
YES: 92

YES: 93

YES: 105

NO: 0

    YES: 89

    Actions
    • Jun 26, 2023 | legislature
      • Effective date See Act for Effective Date
      • Act No. 83
    • Jun 20, 2023 | legislature
      • Signed By Governor
    • Jun 14, 2023 | legislature
      • Ratified R 98
    • Jun 14, 2023 | Senate
      • Free conference powers granted
      • Free conference committee appointed Malloy, Hembree, Adams
      • Free conference report received and adopted
      • Roll call Ayes-36 Nays-0
      • Ordered enrolled for ratification
    • Jun 14, 2023 | House
      • Free conference powers granted
      • Roll call Yeas-105 Nays-0
      • Free conference committee appointed JE Johnson, Robbins, Wetmore
      • Free conference report received and adopted
      • Roll call Yeas-89 Nays-16
    • May 03, 2023 | Senate
      • Conference committee appointed Malloy, Hembree, Adams
    • May 03, 2023 | House
      • House insists upon amendment and conference committee appointed Reps. JE Johnson, Robbins, Wetmore
    • May 02, 2023 | Senate
      • Non-concurrence in House amendment
    • Apr 26, 2023 | House
      • Senate amendment amended
      • Roll call Yeas-110 Nays-1
      • Returned to Senate with amendments
    • Apr 20, 2023 | House
      • Debate adjourned
    • Apr 19, 2023 | House
      • Debate adjourned
    • Apr 17, 2023 | legislature
      • Scrivener's error corrected
    • Apr 12, 2023 | Senate
      • Amended
      • Read third time and returned to House with amendments
      • Roll call Ayes-43 Nays-0
    • Apr 11, 2023 | Senate
      • Read second time
    • Mar 30, 2023 | Senate
      • Recalled from Committee on Judiciary
      • Special order, set for March 30, 2023
    • Mar 02, 2023 | legislature
      • Scrivener's error corrected
    • Mar 02, 2023 | Senate
      • Introduced and read first time
      • Referred to Committee on Judiciary
    • Mar 02, 2023 | House
      • Read third time and sent to Senate
      • Roll call Yeas-93 Nays-13
    • Mar 02, 2023 | legislature
      • Scrivener's error corrected
    • Mar 01, 2023 | House
      • Member(s) request name added as sponsor: Landing, Hixon, Taylor, Oremus, Cromer, J.E.Johnson
      • Amended
      • Read second time
      • Roll call Yeas-92 Nays-20
    • Feb 28, 2023 | House
      • Requests for debate-Rep(s). Hiott, B Newman, Hixon, Forrest, Carter, Felder, Ligon, Lawson, McCravy, Nutt, Brittain, Pace, Ott, Kirby, Anderson, Robbins, Calhoon, May, Murphy, Sandifer, Garvin
      • Member(s) request name added as sponsor: Yow
    • Feb 28, 2023 | legislature
      • Scrivener's error corrected
    • Feb 28, 2023 | House
      • Member(s) request name added as sponsor: Chumley, Ligon, Hiott
    • Feb 23, 2023 | House
      • Committee report: Favorable with amendment Judiciary
      • Member(s) request name added as sponsor: Mitchell
    • Feb 14, 2023 | House
      • Member(s) request name added as sponsor: Leber
    • Feb 07, 2023 | House
      • Member(s) request name added as sponsor: Bailey, Hardee, Blackwell
    • Feb 02, 2023 | House
      • Member(s) request name added as sponsor: Thayer
    • Jan 24, 2023 | House
      • Member(s) request name added as sponsor: Gilliam
    • Jan 19, 2023 | House
      • Member(s) request name added as sponsor: W.Newton, M.M.Smith, Davis, Pace, B.L.Cox
    • Jan 18, 2023 | House
      • Member(s) request name added as sponsor: Carter
    • Jan 10, 2023 | House
      • Introduced and read first time
      • Referred to Committee on Judiciary
    • Dec 15, 2022 | House
      • Prefiled
      • Referred to Committee on Judiciary
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