2011-01

South Carolina Court Administration

South Carolina Supreme Court
Columbia, South Carolina

MEMORANDUM

R. 262, S.1154, the Omnibus Crime Reduction and Sentencing Reform Act, amended § 16-1-60, as well as several other offenses, which will affect charges in which a circuit court judge must set bond and when a magistrate or municipal judge may set or deny bond.  Pursuant to § 22-5-510, magistrates and municipal judges may admit to bail a person charged with an offense, the punishment of which is not death or imprisonment for life; however, with respect to violent crimes as defined in § 16-1-60, magistrates and municipal judges may deny bail giving due weight to the evidence and to the nature of the circumstances of the offense. 

If a crime carries the punishment of death or life imprisonment, a circuit court judge must set bond.  I have attached a list of those offenses which are non-bondable by magistrates or municipal judges (carry death or life imprisonment).  The list also contains offenses in which bond may be denied by a magistrate or municipal judge giving due weight to the evidence and to the nature of the circumstances of the offense. 

This list does not take into account possible life sentences for subsequent convictions for “most serious offenses” and “serious offenses,” as provided in § 17-25-45.  If a magistrate or municipal judge determines from a defendant’s criminal record when setting bond that the offense falls within the parameters outlined in § 17-25-45, that case should be forwarded to a circuit court judge for the setting of bond. 

Should you have questions concerning this matter, please do not hesitate to contact this Office.

RLM/mhb

****If the offense is punishable by death or life imprisonment, that offense is non-bondable by a magistrate or municipal judge and must be sent to the Circuit Court for the setting of bond.  ****Magistrates and municipal judges may deny bond for all other violent crimes listed below, as defined by 16-1-60 (excluding offenses punishable by death or life imprisonment), giving due weight to the evidence and to the nature and circumstances of the event.

VIOLENT CRIMES THAT REQUIRE A CIRCUIT COURT JUDGE TO SET BOND

• Murder (Section 16-3-10)
• Burglary in the 1^st degree (Section 16-11-311)
• Homicide by child abuse (Section 16-3-85(A)(1)) (Subsection (A)(2) is bondable)
• CSC with a minor less than 11 years of age (Section 16-3-655 (A)(1))
• Death or injury to a child in utero due to comm. of a violent crime (Section 16-3-1083(A)(1))
• Detonating a Destructive Device Resulting in Death with Malice (Section 16-23-720(A)(1))
• 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)
• Kidnapping (Section 16-3-910) ****Non-bondable if it results in murder. ****
• Detonating a Destructive Device Upon the Capitol Grounds Resulting in Death with Malice (Section 10-11-325(B)(1)
• Accessory before the fact to commit any of the above offenses (Section 16-1-40)
• Attempt to commit any of the above offenses (Section 16-1-80) (excluding attempted murder)

VIOLENT CRIMES IN WHICH A SUMMARY COURT JUDGE MAY SET OR DENY BOND (Section 16-1-60)

• Attempted Murder (Section 16-3-29)
• Assault and Battery by a Mob, 1^st Degree, Resulting in Death (16-3-210(B))
• Criminal Sexual Conduct in the 1^st and 2^nd Degree (Sections 16-3-652 and 16-3-653)
• Criminal Sexual Conduct with minors, 1^st and 2^nd Degree (Section 16-3-655)
• Assault with intent to commit CSC, 1^st & 2^nd 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 16-3-930)
• 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)
• Manufacturing or Trafficking Methamphetamine as defined in Section 44-53-375
• Trafficking Cocaine Base as defined in Section 44-53-375(C)
• Arson in the 1^st degree (Section 16-11-110(A))
• Arson in the 2^nd degree (Section 16-11-110(B))
• Burglary in the 2^nd degree (Section 16-11-312(B))
• Engaging a child for a sexual performance (Section 16-3-810)
• 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))
• Criminal Domestic Violence of a High and Aggravated Nature (Section 16-25-65)
• 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)
• Spousal Sexual Battery (Section 16-3-615)
• Producing, Directing, or Promoting Sexual Performance by a Child (Section 16-3-820)
• Lewd Act upon a Child under Sixteen (Section 16-15-140)
• Sexual Exploitation of a Minor 1^st Degree (Section 16-15-395)
• Sexual Exploitation of a Minor 2^nd 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 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))
• Accessory Before the Fact to Commit Any of the Above Offenses (Section 16-1-40)
• Attempt to Commit Any of the Above Offenses (Section 16-1-80)