House Amendment 6
H 3532 - Session 125 (2023-2024)
Bond Reform

Rep. McCravy proposes the following amendment (LC-3532.AHB0031H):

Amend the bill, as and if amended, 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 offense and the subsequent violent crime or felony firearm 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 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 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 offense, and the subsequent violent crime or felony firearm offense did not arise out of the same series of events as the previous violent crime or felony firearm 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.