Changes to bond laws in South Carolina in 2024 will have dramatic consequences for persons arrested for criminal offenses. The new amendments are designed to keep people incarcerated pretrial if rearrested for a violent crime or felony offense involving a firearm while on bond for a violent crime or felony offense involving a firearm.
CHANGES:
1. A new crime for committing a violent crime while out on bond for a previous violent crime – a felony punishable by up to five years if a person is 1) convicted of the violent crime and then 2) convicted of committing the crime while out on bond for a previous violent crime.
2. Automatic revocation of a person’s bond for a previous violent offense or felony involving a firearm if they are rearrested for a new violent offense or felony involving a firearm while out on bond for the previous violent offense or felony involving a firearm.
3. If a bond court decides to release the defendant after a rearrest for a violent offense or felony involving a firearm, the court’s only option is to order a 100% cash bond – the defendant must deposit the full amount of the cash bond with the clerk of court before they can be released (the effect of this will be to punish poor people who are rearrested for violent crimes, while defendants with financial resources will get re-released).
4. Bond courts must now consider “whether a person is currently out on bond for another offense” when deciding whether to set bond and how high the bond should be, and
5. When a defendant is 1) rearrested and charged with a new crime while out on bond or 2) has their bond revoked on any charge before their plea or trial, they cannot get credit for time served pretrial.
WHAT IS A VIOLENT CRIME IN SOUTH CAROLINA
SC Code Ann. § 16-1-60 sets forth the offenses deemed violent crimes in South Carolina. These offenses are as follows:
murder (Section 16-3-10); attempted murder (Section 16-3-29); assault and battery by mob, first degree, resulting in death (Section 16-3-210(B)), criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first, second, and third degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); assault and battery of a high and aggravated nature (Section 16-3-600(B)); kidnapping (Section 16-3-910); trafficking in persons (Section 16-3-2020); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking as defined in Section 44-53-370(e) or trafficking cocaine base as defined in Section 44-53-375(C); manufacturing or trafficking methamphetamine as defined in Section 44-53-375; arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312(B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); domestic violence of a high and aggravated nature (Section 16-25-65); domestic violence in the first degree (Section 16-25-20(B)); abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); taking of a hostage by an inmate (Section 24-13-450); detonating a destructive device upon the capitol grounds resulting in death with malice (Section 10-11-325(B)(1)); spousal sexual battery (Section 16-3-615); producing, directing, or promoting sexual performance by a child (Section 16-3-820); sexual exploitation of a minor first degree (Section 16-15-395); sexual exploitation of a minor second degree (Section 16-15-405); promoting prostitution of a minor (Section 16-15-415); participating in prostitution of a minor (Section 16-15-425); aggravated voyeurism (Section 16-17-470(C)); detonating a destructive device resulting in death with malice (Section 16-23-720(A)(1)); detonating a destructive device resulting in death without malice (Section 16-23-720(A)(2)); boating under the influence resulting in death (Section 50-21-113(A)(2)); vessel operator’s failure to render assistance resulting in death (Section 50-21-130(A)(3)); damaging an airport facility or removing equipment resulting in death (Section 55-1-30(3)); failure to stop when signaled by a law enforcement vehicle resulting in death (Section 56-5-750(C)(2)); interference with traffic-control devices, railroad signs, or signals resulting in death (Section 56-5-1030(B)(3)); hit and run resulting in death (Section 56-5-1210(A)(3)); felony driving under the influence or felony driving with an unlawful alcohol concentration resulting in death (Section 56-5-2945(A)(2)); putting destructive or injurious materials on a highway resulting in death (Section 57-7-20(D)); obstruction of a railroad resulting in death (Section 58-17-4090); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses.
PROCEDURE IF REARRESTED FOR A VIOLENT CRIME OR FELONY INVOLVING A FIREARM WHILE ON BOND FOR A VIOLENT CRIME OR FELONY INVOLVING A FIREARM
1. Bond on the original charge is revoked by operation of law (automatically);
2. Circuit Court Judge must hold a new bond hearing within thirty days of arrest;
3. If the Court grants a new bond, it must make the bond a 100% cash bond, meaning that the entire amount of the cash bond must be paid to the Clerk of Court to be released;
4. If a new bond is not granted, all previously set bonds must be revoked; and
5. No credit for time served after rearrested.