HB4606 SFA Martin #1 3-14

Wolfe 7816

Senator Martin moved to amend the bill on page 2, section 1a, line 27, by striking out the words “felony offense” and inserting in lieu thereof the words “felony crime of violence against the person as defined in §61-11-26(p)(3) of this code; with a felony offense in which the victim was a minor as defined in §61-11-26(p)(4) of this code; with a felony offense of arson or burglary set forth in §61-3-1 et seq. of this code; or with a felony drug offense set forth in chapter 60A of this code”;

And,

On page 5, after line 98, by inserting a new section 4, to read as follows:

§62-1C-4. Recognizance; signing; requirements for signers or surety company; release upon own recognizance; indigent persons.

The recognizance shall be signed by the defendant. It shall also be signed by one or more adult persons owning real property in the state. The court or justice may require that justification of surety be furnished. The assessed value of the real property as shown on the county land books over and above all liens and encumbrances shall not be less than one half the amount of the bail. Or, the recognizance may be signed by the defendant and a surety company authorized to do business in this state. If the offense is a felony, the magistrate or circuit judge of the court that will have jurisdiction to try the offense may release the defendant on his or her own recognizance consistent with the provisions of §62-1C-1a(a)(3) of this code. If the offense is a misdemeanor, either the court or justice may release the defendant on his or her own recognizance. An indigent person who the court is satisfied will appear as required shall not be denied bail because of his or her inability to furnish recognizance.

Adopted

Rejected