The 2023 legislative session was a busy one for criminal laws – in addition to the amendments to SC DUI laws, new bond laws are now on the books that will make it more difficult to bond out of jail if you are rearrested for a violent crime or a felony involving a firearm.

This includes:

• A new criminal offense for committing a violent crime while out on bond,
• Automatic bond revocation when a person is rearrested for a violent crime, and
• Cash bonds in full for people who are rearrested for violent crimes – guaranteeing that indigent defendants will stay in jail while wealthy arrestees go home.

Changes to SC Bond Laws in 2023 – It will be More Difficult to Bond Out if You are Rearrested for a Violent Crime

If a person is arrested and charged with a violent crime, as defined in SC Code § 16-1-60, bonds out of jail, and is then rearrested for a violent crime, it will be more difficult for that person to bond out of jail again – the original bond will automatically be revoked, the bond court must consider the rearrest as a factor in setting bond, and the person may be charged with a new offense for committing a violent offense while out on bond.

New Criminal Offense for Committing a Violent Crime While Out on Bond

The new bond laws include the creation of a new crime – because, when you’re a lawmaker, all problems are, obviously, solved by creating new crimes – for committing a violent crime while out on bond for another violent crime.

It’s an additional offense, meaning you can be 1) charged with the original violent crime, 2) charged with the new violent crime, and 3) charged with the new offense for committing a violent crime while out on bond for committing a violent crime:

Section 17-15-270.    (A) It is unlawful for a person to commit a violent crime while under a bond order or other pretrial release order for a previous violent crime. If the person is convicted of the subsequent violent crime, and is thereafter convicted of a violation of this section, the person is guilty of a felony and must be imprisoned not more than five years. The sentence may be imposed concurrently or consecutively to the punishment for the principal offense.

Factors the Court Must Consider When Setting Bond

The new bond laws add “whether a person is currently out on bond for another offense” as a factor that the court must consider when determining conditions of release.

Automatic Bond Revocation When Rearrested for a Violent Crime

If a person is released on bond for a violent offense or a felony offense involving a firearm and is rearrested for a new violent offense or felony offense involving a firearm, their previous bond is “revoked by operation of law,” and a circuit court judge (not a magistrate) must hold a new bond hearing within 30 days.

If the bond court decides to grant a new bond, it must be a full cash bond (the defendant must pay the full amount of the bond, in cash, to the clerk of court), and, if the court decides not to grant a new bond, the court must revoke all previous bonds:

Section 17-15-55 of the S.C. Code is amended to read:

(C) If a person commits a violent offense, as defined in Section 16-1-60, or any felony offense involving a firearm, which was committed when the person was already out on bond for a previous violent offense or any felony offense involving a firearm and the subsequent offense did not arise out of the same series of events as the previous offense, then:

(1) the bond for the original offense must be revoked by operation of law and a hearing for the subsequent violent offense or any felony offense involving a firearm must be held in the circuit court within thirty days;

(2) during the bond hearing for the subsequent violent offense or felony offense involving a firearm, the court must issue findings of fact and conclusions of law addressing the revocation of bond for the original offense, whether a new bond is issued for the previous offense as well as if bond is appropriate for the subsequent violent offense or felony offense involving a firearm;

(3) if the court finds that certain conditions of release on bond will ensure that the person is unlikely to flee or pose a danger to any other person or the community and the person will abide by the terms of release on bond, the judge shall consider bond in accordance with the provisions of this chapter and set or amend bond accordingly. Notwithstanding the provisions of Section 17-15-15, any bond set for a violent offense or felony offense involving a firearm committed when the person was already out on bond for a previous violent offense or felony offense involving a firearm must be deposited to the court in cash or its equivalent in full, notwithstanding if posted by the person, his representative, or by a bond surety;

(4) if the court finds no such conditions will ensure that the person is unlikely to flee or not pose a danger to the community, the court shall not set a bond for the instant offense and must revoke all previously set bonds; and

(5) if a person commits a violent offense, as defined in Section 16-1-60, or felony offense involving a firearm which was committed when the person was already out on bond for a previous violent offense or felony offense involving a firearm, and the subsequent offense did not arise out of the same series of events as the previous offense, then the arresting law enforcement agency must transmit notice of the second arrest, implicating this subsection, to the solicitor of the circuit in which the offense was committed and the administrative chief judge of the circuit in which the offense was committed. The prosecuting agency must notify any victims of the initial or subsequent offenses pursuant to Chapter 3, Title 16 of any bond hearings.

Changes to SC Bond Laws in 2023 – It will Also be More Difficult to Bond Out if You are Indigent

The legislature’s intention is to make judges revoke bonds for defendants who are rearrested for violent crimes, and, if a judge thinks it is fair and just in a particular case to grant a new bond, force the judge to order a 100% cash bond – any bond must be paid in full and in cash to the clerk of court.

The intent is to keep repeat violent offenders in jail because most defendants cannot afford to pay a full cash bond to the clerk of court.

The result will be to keep indigent defendants in jail because the new bond laws will only apply to them – if the court sets a high cash bond for someone who has resources, they will bond out…

The effect, as usual, is that indigent defendants will be punished because they are indigent, while wealthy defendants will get special treatment.

100% Cash Bonds for People Rearrested for Violent Crimes – If You’ve Got Money, No Problem…

There are at least two sections in the new bond laws that require 100% cash bonds for repeat arrestees. First, when a person is rearrested for a violent crime or a felony involving a firearm, the ordinary bond rules do not apply.

Section 17-15-15 of the S.C. Code is amended to read:

(D) The provisions of this section do not apply if the defendant is charged with a violent offense, as defined by Section 16-1-60, or any felony offense involving a firearm while out on bond or other pretrial release. If the court, pursuant to the limitations of Section 17-15-30, finds that such defendant may be released pending trial, bond must be set at the full United States currency cash bond to the exclusion of all other forms of bond whether the bond is posted by the defendant or with a bondsman. After the defendant fulfills the conditions of the bond, the clerk shall return the cash bond amount paid to the defendant. However, in the event the defendant is required by the court to make restitution to the victim of his crime, the cash bond may be used for the purpose of such restitution.

Then, in the section dealing with bond revocations, the new bond laws repeat the new rule – that, if a judge decides bond is appropriate for a person rearrested for a violent crime or a felony involving a firearm, the defendant must deposit a full cash bond with the clerk’s office and the bond cannot be posted by a bondsman.

Section 17-15-55 of the S.C. Code is amended to read:

(D) If a person commits a violent offense, as defined in Section 16-1-60, or felony offense involving a firearm which was committed when the person was already out on bond for two or more previous separate violent offenses or felony offenses involving a firearm for which separate bonds were set, and the subsequent offense did not arise out of the same series of events as the two or more previous separate offenses, and the court determines that under the totality of the circumstances the previous bonds should not be revoked and another bond should be set, any bond set by the court must be deposited in full and may not be posted by any bond surety company.

Criminal Defense Lawyers in Charleston, SC

Charleston, SC criminal defense attorney Grant B. Smaldone represents people charged with crimes in SC state and federal courts and has extensive trial experience in all types of criminal cases from traffic offenses to murder.

If you have been charged with a crime or believe you are under investigation in the Charleston, Georgetown, or Myrtle Beach areas of SC, call now at (843) 808-2100 or email to schedule a free consultation.