Indicates Matter Stricken

Indicates New Matter

Amended - Not Printed Bill for the House

April 26, 2023

H. 3532

Introduced by Rep. G.M. Smith, Pope, McCravy, B. Newton, West, Chapman, Burns, Wooten, Haddon, O'Neal, Carter, W. Newton, M.M. Smith, Davis, Pace, B.L. Cox, Gilliam, Thayer, Bailey, Hardee, Blackwell, Leber, Mitchell, Chumley, Ligon, Hiott, Yow, Landing, Hixon, Taylor, Oremus, Cromer and J.E. Johnson

S. Printed 04/26/23--H.

Read the first time January 10, 2023

________

A bill

to amend the South Carolina Code of Laws by adding Section 17-15-270 so as to PROVIDE SENTENCING ENHANCEMENTS FOR PERSONS WHO COMMIT CERTAIN ADDITIONAL CRIMES WHILE ON PRETRIAL RELEASE ON BOND; by adding Section 17-15-280 so as to PROHIBIT PRETRIAL RELEASE ON BOND FOR PERSONS CHARGED WITH COMMITTING CERTAIN ADDITIONAL CRIMES AND TO PROVIDE APPROPRIATE PROCEDURES FOR DETERMINING IF ADDITIONAL CHARGES ARE PENDING; and by amending Section 17-15-15, relating to the Deposit of a cash percentage in lieu of bond, so as to require a full cash bond for persons charged with certain crimes.

      Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.   Chapter 15, Title 17 of the S.C. Code is amended by adding:

      Section 17-15-270. (A) If a person commits a subsequent violent crime while out on bond or other pretrial release for a previous violent charge, is charged and convicted of committing or attempting to commit the subsequent violent crime, he must be imprisoned for five years in addition to the punishment provided for the principal crime.   The five-year sentence does not apply in cases when the death penalty or a life sentence without parole is imposed for the violent crime.   For purposes of this subsection, a subsequent violent crime is one that occurs at a later date and time than the offense that resulted in the imposition of the bond or other pretrial release conditions.

      (B) Service of the five-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. The court may impose this mandatory five-year sentence to run consecutively.

      (C) Except as provided in this subsection, the person sentenced under this section is not eligible during this five-year period for parole, work release, or extended work release. The five years may not be suspended and the person may not complete his term of imprisonment in less than five years pursuant to good-time credits or work credits.

      (D) The additional punishment may not be imposed unless the State notifies the defense in writing of its intention to seek such penalty at least thirty days prior to the trial of the violent crime that occurred while on bond or other pretrial release. If the defendant is convicted of the violent crime that occurred while on bond or other pretrial release, the court must as soon as practicable thereafter conduct a separate sentencing hearing relating to the additional punishment.   Only evidence relating to whether the defendant was on pretrial release at the time the subsequent violent crime was committed may be considered in the sentencing hearing.   In the hearing, the State must prove beyond a reasonable doubt that the defendant was on pretrial release for some other charge at the time the subsequent violent crime was committed.   If the defendant was tried by jury, the same jury that found him guilty of the principal offense must serve for the sentencing hearing.   If trial by jury has been waived by the defendant and the State, or if the defendant pleaded guilty, the sentencing hearing must be conducted before the judge.   In the s