§ 16-25-120 — Release on bond; factors; issuance of restraining order; notice of right to counsel.

South Carolina § 16-25-120

• Jurisdiction: South Carolina
• Title 16: CRIMES AND OFFENSES
• Ch. 25: DOMESTIC VIOLENCE

Text

(A) In addition to the provisions of Section 17-15-30, the court must consider the factors provided in subsection (B) when considering release of a person on bond who is charged with a violent offense, as defined in Section 16-1-60, when the victim of the offense is a household member, as defined in Section 16-25-10, and the person: (1) is subject to the terms of a valid order of protection or restraining order at the time of the offense in this State or another state; or (2) has a previous conviction involving the violation of a valid order of protection or restraining order in this State or another state. (B) The court must consider the following factors before release of a person on bond who is subject to the provisions of subsection (A): (1) whether the person has a history of domestic violence, as defined in this article, or a history of other violent offenses, as defined in Section 16-1-60; (2) the mental health of the person; (3) whether the person has a history of violating the orders of a court or other governmental agency; and (4) whether the person poses a potential threat to another person. (C) When considering release of a person on bond under this section, the court must consider whether to issue a restraining order or order of protection provided for in Chapter 4 of Title 20 against the person. The court must consider the factors enumerated in subsection (B) of this section, and if it determines in its discretion that a restraining order or order of protection is required, it should issue the order or forward the matter to the appropriate court. (D)(1) At the bond hearing pursuant to the provisions of this section or another provision of law, the court shall inform in writing the person charged with a violation of Article 1, Chapter 25, Title 16 of his right to obtain counsel and, if indigent, his right to court-appointed counsel along with instructions on how to obtain court-appointed counsel. (2) If the court decides to release the person pending his trial, the court shall provide the person with a written notice that must conspicuously bear the following language: "Pursuant to Section 16-25-125 of the South Carolina Code of Laws, it is unlawful for a person who has been charged with or convicted of criminal domestic violence or criminal domestic violence of a high and aggravated nature, who is subject to an order of protection, or who is subject to a restraining order, to enter or remain upon the grounds or structure of a domestic violence shelter in which the person's household member resides or the domestic violence shelter's administrative offices. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years, or both. If the person is in possession of a dangerous weapon at the time of the violation, the person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.". (3) The court shall provide the person with an opportunity to sign the notice evidencing the person's acknowledgment of having received and read the notice.

Legislative History

HISTORY: 2005 Act No. 166, SECTION 5, eff January 1, 2006; 2008 Act No. 319, SECTION 4, eff June 11, 2008; 2015 Act No. 58 (S.3), Pt III, SECTION 13, eff June 4, 2015. Effect of Amendment 2015 Act No. 58, SECTION 13, in (A) and (B), substituted "must consider" for "may consider"; and in (B)(1), deleted "criminal" before "domestic violence".