New Bond Laws in 2024: Bond Revocation when Rearrested for a Violent Crime

New SC criminal laws in 2024 include both 1) amendments to SC’s ignition interlock device program and 2) changes to South Carolina’s bond laws that will make it more difficult to bond out if a person is rearrested for a violent crime or a felony that involves a firearm.

In this blog post, we will break down the new bond laws and discuss:

• What is included in the new bond laws,
• How violent crime is defined in South Carolina, and
• The new bail/bond procedure when someone is rearrested for a violent crime.

New Bond Laws/ Criminal Law Amendments in 2024

The new bond laws in the 2024 amendments are focused on 1) keeping people in jail pretrial if they are rearrested for a violent crime while out on bond for a violent crime and 2) punishing people if they are rearrested for a violent crime while out on bond for a violent crime.

The changes include:

• 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 – which will probably never happen because it would require two trials just to get an additional five years that might be concurrent to the sentence for the original violent crime anyway.
• 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.
• 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).
• 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
• 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?

When the new bond laws refer to “violent crime,” they are talking about the crimes listed in SC Code § 16-1-60, or the “statutory violent crimes,” which lists several crimes that aren’t necessarily “violent” at all (drug offenses, for example), and which leaves out several decidedly violent offenses (domestic violence second and third degree, for example).

Violent crimes in SC include:

…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.

What is the Procedure Under the New Bond Laws If Someone is Rearrested for a Violent Crime in SC?

Under the new bond laws, if a person is charged with a violent crime or a felony that involves a firearm, released on bond, and rearrested for a new violent crime or a felony that involves a firearm, then:

• Their bond on the original charges is revoked “by operation of law,”
• A circuit court/ General Sessions Court judge must hold a new bond hearing within 30 days of the arrest,
• If the Court decides to issue a new bond and release the defendant, the Court must order a 100% cash bond, and, whether the bond is posted by the defendant or a bondsman, the full amount of the cash bond must be deposited with the clerk,
• If the Court does not issue a new bond, the Court must “revoke all previously set bonds,” and
• When the defendant goes to trial or goes to court for a guilty plea, they will not receive credit for any time served when they were rearrested.

Got Axelrod?

If you or a family member has been arrested and is being held in jail, you should immediately contact the Myrtle Beach bail-bond hearing attorneys at Axelrod and Associates for a free consultation to find out how we can help.

Call 843-258-4079 or complete our contact form for a free initial consultation.