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H 3026

Bond, circuit court for illegal aliens

2025-2026 Regular Session Introduced by Thomas Beach and 1 co-sponsor

SC bill: requires circuit court judges to set/deny bond and conditions of release for defendants charged with offenses carrying max 3+ years who are suspected of being unlawfully p

Referred to Committee on Judiciary
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WeVote Research Nonpartisan
Bill Summary · H 3026

Summary — Bill H 3026 (materials include two different measures; see note)

Note: The materials provided appear to combine two distinct bills from different jurisdictions. The title and primary identification you gave — “Bond, circuit court for illegal aliens” — corresponds to a South Carolina bill amending bond procedures (S.C. Code). The packet also contains the full text of a Massachusetts local-option bill authorizing the Town of Williamstown to expand senior property tax exemption eligibility. Below are concise, separate summaries of each measure and a note on procedural status.

A. South Carolina bill — “Bond, circuit court for illegal aliens”

Reference: proposed amendment to S.C. Code §17-15-30

Purpose / intent

To require that a circuit court judge — not a lower court or magistrate — must set or deny bail and determine conditions of release for defendants charged with offenses that carry maximum sentences of three years or more when the defendant is suspected of being an alien unlawfully present in the U.S.

Key provisions

  • Amends Section 17-15-30(D) of the South Carolina Code to make mandatory that a circuit court judge:
    • set or deny bond and
    • determine conditions of release for any person charged with a crime carrying a maximum sentence of three years or more who is suspected of being unlawfully present in the United States.
  • Retains contempt powers for courts to enforce the section.
  • Effective upon approval by the Governor.

Who is affected

  • Criminal defendants in South Carolina suspected of being unlawfully present and charged with relatively serious crimes (max sentence ≥ 3 years).
  • Circuit court judges (their jurisdiction/obligations expand for these bond determinations).
  • Lower courts/magistrates (may be partially preempted for these cases).
  • Law enforcement, prosecutors, public defenders, county jails, and potentially federal immigration authorities (actions could affect detention timing and coordination with immigration enforcement).

Potential impacts and considerations

  • Centralizes bond determinations for certain defendants to circuit court judges; may lengthen pretrial processing time or change detention outcomes.
  • Could increase caseloads for circuit courts.
  • May raise legal and constitutional issues (due process, equal protection, interplay with federal immigration law).
  • Implementation depends on coordination between state courts and federal immigration authorities.

Procedural / timeline note

  • The text indicates the bill “takes effect upon approval by the Governor.”
  • Materials include a draft showing standard legislative language for enactment.

B. Massachusetts local-option bill — “Williamstown: expand financial eligibility for senior property tax exemption”

Reference: House Docket No. 3026; filed 1/8/2025 by Rep. John Barrett III

Purpose / intent

To authorize the Town of Williamstown, by vote of town meeting, to expand local income and asset limits for the statutory senior property tax exemption beyond the statewide caps.

Key provisions

  • Permits Williamstown to increase the gross receipts and whole estate (real and personal) limitations under clauses 41, 41(b), and 41(c) of G.L. c. 59, §5, above statutory limits.
  • Allows increases up to (but not exceeding) the “circuit breaker” state income tax credit limit as determined by the Commissioner of Revenue for married filing jointly taxpayers — and to apply that higher limit to taxpayers regardless of their marital status.
  • Requires local town meeting approval (local option).

Who is affected

  • Senior homeowners in Williamstown who currently do not qualify for the standard state exemption but would meet the locally expanded income/asset thresholds.
  • Town officials (assessing, revenue) and municipal budget, since expanded exemptions can reduce local property tax revenue to the extent the town adopts them.

Procedural / timeline

  • Filed Jan 8, 2025; listed as “by vote of the town” and “Local Approval Received.”
  • Referred to the committee on Revenue (per docket).

Recommendation: Confirm which jurisdiction and specific bill you want summarized or tracked. The two items are distinct: the South Carolina measure changes bond jurisdiction for certain immigration-related cases; the Massachusetts bill is a local-option tax relief expansion for seniors in Williamstown.

Compiled from official sources — confirm details with the bill’s official record.

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