South Carolina S 716: State emblems and flags

Bill Text

2025-2026 Bill 716 Text of Previous Version (Dec. 10, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 716

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 17-15-15 of the S.C. Code is amended to read:

 Section 
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.

 Any 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.

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

 Section 
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 th