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Bill > H3028


SC H3028

SC H3028
Bond release


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Amending Section 16-25-120, Relating To Release On Bond And Factors To Consider When Granting Bond For Violent Offenders And Domestic Violence Offenders, So As To Allow The Court, In Lieu Of Setting Bond Or As An Additional Condition Of Release On Bond, To Place A Person Charged With A Domestic Violence Offense On Surveillance Via An Active Electronic Monitoring Device Capable Of Keeping The Victim Of The Offense Notified At All Times Of The Person's Immediate Location, To Provide Procedures For The Monitoring, And To Provide Penalties For Tampering With An Active Electronic Monitoring Device

AI Summary

This bill amends South Carolina law to provide courts with an additional option for monitoring individuals charged with domestic violence offenses by allowing them to place the accused on surveillance using an active electronic monitoring device (AEMD) instead of or in addition to setting bond. The AEMD is a sophisticated, all-body worn tracking device that records the person's location every minute, 24 hours a day, and provides real-time location information to the victim. The person under monitoring must maintain the device in working order, report any incidental damage within two hours, and abide by law enforcement instructions. They are also responsible for paying the cost of the device and monitoring, though financial hardship exemptions may be available. The bill includes penalties for intentionally tampering with or destroying the monitoring device, which could result in court-determined punishment. If cellular coverage is poor, law enforcement may use alternative monitoring devices. The legislation aims to enhance victim safety by providing constant location tracking of domestic violence offenders and giving courts more flexibility in pre-trial monitoring. The act will take effect upon the Governor's approval.

Committee Categories

Justice

Sponsors (5)

Last Action

Member(s) request name added as sponsor: Wetmore (on 02/12/2025)

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