House Amendment 3
H 3532 - Session 125 (2023-2024)
Bond Reform

Rep. McCravy proposes the following amendment (LC-3532.AHB0027H):

Amend the bill, as and if amended, SECTION 1, by striking Section 17-15-270(A) and (B) and inserting:

(A) If a person commits a subsequent violent crime or felony firearm or weapon offense, while out on bond or other pretrial release for a previous violent charge or a felony firearm or weapon offense, is charged and convicted of committing or attempting to commit the subsequent violent crime or felony firearm or weapon offense, he must be imprisoned for five years in addition to the punishment provided for the principal crime. The five-year sentence does not apply in cases when the death penalty or a life sentence without parole is imposed for the violent crime or felony firearm or weapon offense. For purposes of this subsection, a subsequent violent crime or a felony firearm or weapon offense is one that occurs at a later date and time than the offense that resulted in the imposition of the bond or other pretrial release conditions.

(B) Service of the five-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime or the felony firearm or weapon offense. The court may impose this mandatory five-year sentence to run consecutively.

Amend the bill further, SECTION 1, by striking Section 17-15-270(D) and inserting:

(D) The additional punishment may not be imposed unless the State notifies the defense in writing of its intention to seek such penalty at least thirty days prior to the trial of the violent crime or felony firearm or weapon offense that occurred while on bond or other pretrial release. If the defendant is convicted of the violent crime or felony firearm or weapon offense that occurred while on bond or other pretrial release, the court must as soon as practicable thereafter conduct a separate sentencing hearing relating to the additional punishment. Only evidence relating to whether the defendant was on pretrial release at the time the subsequent violent crime or felony firearm or weapon offense was committed may be considered in the sentencing hearing. In the hearing, the State must prove beyond a reasonable doubt that the defendant was on pretrial release for some other charge at the time the subsequent violent crime or felony firearm or weapon offense was committed. If the defendant was tried by jury, the same jury that found him guilty of the principal offense must serve for the sentencing hearing. If trial by jury has been waived by the defendant and the State, or if the defendant pleaded guilty, the sentencing hearing must be conducted before the judge. In the sentencing hearing, the jury or judge shall hear only evidence related to whether the defendant was on pretrial release. The State and the defense are permitted to present closing arguments. If the appropriate fact finder, either jury or judge, finds beyond a reasonable doubt that the defendant was on pretrial release when the subsequent violent crime or felony firearm or weapon offense was committed or the defendant stipulates that the subsequent violent crime or felony firearm or weapon offense was committed while he was on pretrial release, the additional five-year penalty must be imposed.

(E) For purposes of this section, violent crime is defined as the same as those contained in Section 16-1-60.

Amend the bill further, SECTION 2, by striking Section 17-15-15(D) and inserting:

(D) The provisions of this section do not apply if the defendant is charged with a violent crime, as defined by Section 16-1-60, or a felony firearm or weapon offense, while out on bond or other pretrial release. 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 surety.

Amend the bill further, SECTION 3, by striking Section 17-15-55(C) and (D) and inserting:

(C) If a person commits a violent crime, as defined in Section 16-1-60, or a felony firearm or weapon offense, which was committed when the person was already out on bond for a previous violent crime or felony firearm or weapon offense and the subsequent violent crime or felony firearm or weapon offense did not arise out of the same series of events as the previous violent crime or felony firearm or weapon offense, then the bond hearing for the subsequent violent crimeoriginal offense must be revoked and a hearing for the subsequent violent crime or felony firearm or weapon offense must be held in the circuit court within thirtyfourteen days. The court must issue findings of fact and conclusions of law addressing the revocation of bond, whether a new bond is issued for the previous offense as well as if bond is appropriate for the subsequent violent crime or felony firearm or weapon offense. If the court finds that certain conditions of release on bond will ensure that the person is unlikely to flee or pose a danger to any other person or the community and the person will abide by the terms of release on bond, the judge shall consider bond in accordance with the provisions of this chapter and set or amend bond accordingly Section 17-15-15(D) and under the condition that the defendant be placed on electronic monitoring. If the court finds no such conditions will ensure that the person is unlikely to flee or not pose a danger to the community, the court shall not set a bond for the instant offense and must revoke all previously set bonds.

(D) If a person commits a violent crime, as defined in Section 16-1-60, or a felony firearm or weapon offense which was committed when the person was already out on bond for a previous violent crime or felony firearm or weapon offense, and the subsequent violent crime or felony firearm or weapon offense did not arise out of the same series of events as the previous violent crime or felony firearm or weapon offense, then the arresting law enforcement agency must transmit notice of the second arrest, implicating subsection (C), to the solicitor of the circuit in which the crime was committed and the administrative chief judge of the circuit in which the crime was committed. The prosecuting agency must notify any victims of the initial or subsequent crimes pursuant to Chapter 3, Title 16 of any bond hearings.

Amend the bill further, by deleting SECTION 4.