Bonds

2025-2026 Bill 716: Bonds - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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S. 716
STATUS INFORMATION
General Bill
Sponsors: Senators Garrett, Kennedy, Reichenbach, Rice, Goldfinch, Blackmon, Elliott, Leber, Corbin, Zell and Kimbrell
Companion/Similar bill(s): 4806
Document Path: SJ-0018MB26.docx
Introduced in the Senate on January 13, 2026
Currently residing in the Senate Committee on
Judiciary
Summary: Bonds
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/10/2025

Senate

Prefiled

12/10/2025

Senate

Referred to Committee on
Judiciary

1/13/2026

Senate

Introduced and read first time (
Senate Journal-page 29
)

1/13/2026

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 29
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/10/2025

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION
17-15-15
, RELATING TO DEPOSIT OF CASH PERCENTAGE IN LIEU OF BOND;
ASSIGNMENT OF DEPOSIT; RESTITUTION TO VICTIM, SO AS TO PROVIDE THAT IF A COURT
FINDS THAT A DEFENDANT MAY BE RELEASED ON BOND WHO HAS BEEN CHARGED WITH A
VIOLENT OFFENSE OR ANY FELONY OFFENSE INVOLVING A FIREARM OR DRUGS, THE BOND
MUST BE SET AT THE FULL UNITED STATES CASH CURRENCY BOND; BY AMENDING SECTION
17-15-30
, RELATING TO MATTERS TO BE CONSIDERED IN DETERMINING CONDITIONS OF
RELEASE; CONTEMPT, SO AS TO INCLUDE IN THE CONSIDERATION OF A PERSON'S MENTAL
CONDITION THE DIRECT OBSERVATIONS OF A LAW ENFORCEMENT OFFICER THAT CAUSE
REASONABLE CONCERN WITH A PERSON'S MENTAL CONDITION AND TO ALLOW THE COURT TO
INCLUDE IN THE BOND CONDITIONS THAT LAW ENFORCEMENT TRANSPORT THE PERSON FOR AN
EMERGENCY PSYCHIATRIC EVALUATION OR THE PERSON IS REQUIRED TO SEEK MEDICAL
TREATMENT UPON RELEASE.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
S
ection
17-15-15
of the S.C. Code is amended to read:

S
ection
17-15-15
.
(
A) Except as provided
in subsection (D), in lieu of requiring actual posting of bond as provided in
Section
17-15-10
(A), the court setting bond may permit the defendant to deposit
in cash with the clerk of court an amount not to exceed ten percent of the
amount of bond set, which amount, when the defendant fulfills the condition of
the bond, must be returned to the defendant by the clerk except as provided in
subsection (C).

(
B)
The cash deposit provided for in subsection (A) must be assignable at any time
after it is posted with the clerk of court by written assignment executed by
the defendant and delivered to the clerk. After assignment and after the
defendant fulfills the condition of his bond, the clerk shall return the cash
deposit to the assignee.

(
C)
In the event the cash deposit is not assigned but the defendant is required by
the court to make restitution to the victim of his crime, the deposit may be
used for the purpose of restitution.

(
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.
or drugs.
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.

A
ny currency cash
bond must be conditioned on the person charged personally appearing before the
court specified to answer the charge or indictment and to do and receive what
is enjoined by the court, and not to leave the State, and be of good behavior
toward all the citizens of the State, or especially toward a person or persons
specified by the court. Additionally, the court may impose any other
conditions allowed under Chapter 15, Title 17, and any other provision of law.

S
ECTION 2.
S
ection
17-15-30
of the S.C. Code is amended to read:

S
ection
17-15-30
.
(
A) In determining
conditions of release that will reasonably assure appearance, or if release
would constitute an unreasonable danger to the community or an individual, a
court may, on the basis of the following information, consider the nature and
circumstances of an offense charged and the charged person's:

(
1)
family ties;

(
2)
employment;

(
3)
financial resources;

(
4)
character and mental condition
;
, including the law enforcement officer's concerns regarding an
individual's mental condition based on behavior directly observed by the law
enforcement officer;

(
5)
length of residence in the community;

(
6)
record of convictions; and

(
7)
record of flight to avoid prosecution or failure to appear at other court
proceedings.

(
B) A
court must consider:

(
1)
a person's criminal record;

(
2)
any current charges pending against a person and any prior charges against a
person at the time release is requested;

(
3)
all incident reports generated as a result of an offense charged;

(
4)
whether a person is an alien unlawfully present in the United States, and poses
a substantial flight risk due to this status;

(
5)
whether the charged person appears in the state gang database maintained at the
State Law Enforcement Division;
and

(
6)
whether a person is currently out on bond for another offense
.
; and

(
7) whether the arresting officer
directly observed behavior that causes reasonable concerns with regard to an individual's
mental condition and:

(
a) may require an individual to be
transported for the purposes of an emergency psychiatric evaluation or

(
b) may require the court to add as a
condition that the individual seek medical treatment upon release.

(
C)
(
1) Prior to or at the time of a
hearing, the arresting law enforcement agency must provide the court with the
following information:

(
a)
a person's criminal record;

(
b)
any charges pending against a person at the time release is requested;

(
c)
all incident reports generated as a result of the offense charged; and

(
d)
any other information that will assist the court in determining conditions of
release to include, but not be limited to, notification of any existing bonds
for another offense
or the law enforcement officer's
direct observations of behavior concerning the person's mental condition
.

(
2)
The arresting law enforcement agency shall inform the court if any of the
information is not available at the time of the hearing and the reason the
information is not available. Failure on the part of the law enforcement
agency to provide the court with the information does not constitute grounds
for the postponement or delay of the person's hearing. Notwithstanding the
provisions of this item, when a person is charged with a violation of Chapter
25, Title 16, the bond hearing may not proceed without the person's criminal
record and incident report or the presence of the arresting officer. The bond
hearing for a violation of Chapter 25, Title 16 must occur within twenty-four
hours after the arrest.

(
D) A
court hearing these matters has contempt powers to enforce the provisions of
this section.

S
ECTION 3. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 13, 2026 at 1:08 PM