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Prefiled Bills And Resolutions
The following legislation is presently
pending in the South Carolina State Legislature. These Bills have been selected based upon
their impact upon the criminal justice system. Their complete text and current status in
the House or Senate may be found by following the link to the South Carolina General
Assembly site.
ALCOHOL (Beer, Wine, Etc.)
S. 69
(Word version) -- Senators
Hayes, Giese: A BILL TO AMEND SECTION 61-4-100, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO CRIMINAL CHARGES BROUGHT AGAINST SELLERS AND BUYERS FOR THE UNLAWFUL PURCHASE
OF BEER OR WINE BY A MINOR, SO AS TO PROHIBIT A MINOR FROM BEING CHARGED WITH UNLAWFULLY
PURCHASING BEER OR WINE IF THE MINOR MADE THE PURCHASE AS PART OF AN INVESTIGATION BEING
CONDUCTED BY LAW ENFORCEMENT.
Referred to the Committee on Judiciary.
S. 78
(Word version) -- Senators
McConnell, Leventis: A BILL TO AMEND SECTION 50-21-112, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO PENALTIES FOR IMPROPER OPERATION OF A VESSEL, SO AS TO INCREASE
PENALTIES FOR OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
Referred to the Committee on Fish, Game and Forestry.
S.
285 (Word version) --
Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 20-7-8926, SO AS TO PROVIDE A CONDITIONAL DISCHARGE FOR A FIRST OFFENSE OF
PURCHASING OR POSSESSING BEER, ALE, PORTER, WINE, FERMENTED BEVERAGES OR ALCOHOLIC LIQUORS
BY A PERSON UNDER TWENTY-ONE YEARS OF AGE; AND TO AUTHORIZE SUCH PERSONS TO APPLY TO THE
COURT FOR AN ORDER EXPUNGING ALL RECORDS RELATING TO THE ARREST, INDICTMENT OR
INFORMATION, TRIAL, FINDING OF GUILTY, AND DISMISSAL.
Referred to the Committee on Judiciary.
BACK TO TOP
ANIMALS, CRUELTY TO
S. 21
(Word version) -- Senator
Leventis: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS
PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES AND ALLOW CERTAIN FIRST
OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT.
Referred to the Committee on Agriculture and Natural Resources.
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ARREST, SEARCH AND SEIZURE
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CHILD ABUSE AND NEGLECT
H.
3066 (Word version) --
Rep. Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
16-3-1050 SO AS TO DEFINE "SERIOUS CHILD SEX OFFENSE", TO PROVIDE THAT A PERSON
CONVICTED OF A SERIOUS CHILD SEX OFFENSE WHO SUBSEQUENTLY ENGAGES IN AN OCCUPATION OR
PARTICIPATES IN A VOLUNTEER POSITION THAT REQUIRES HIM TO WORK OR INTERACT WITH CHILDREN
UNDER SIXTEEN YEARS OF AGE IS GUILTY OF A FELONY, TO PROVIDE A PENALTY, AND TO PROVIDE
THAT CERTAIN ACTIVITIES CONSTITUTE PRIMA FACIE EVIDENCE THAT A PERSON IS ENGAGED IN AN
OCCUPATION OR PARTICIPATES IN A VOLUNTEER POSITION THAT REQUIRES HIM TO WORK OR INTERACT
WITH CHILDREN UNDER SIXTEEN YEARS OF AGE.
Referred to Committee on Judiciary
S. 22
(Word version) -- Senators
Leventis, Elliott: A BILL TO AMEND SECTION 20-7-540, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO IMMUNITY FROM LIABILITY FOR GOOD FAITH REPORTING OF CHILD
ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THERE IS NO IMMUNITY IF A PERSON DOES NOT ACT IN
GOOD FAITH OR ACTS MALICIOUSLY IN MAKING A REPORT AND TO AUTHORIZE A PERSON TO PETITION
FAMILY COURT TO DETERMINE IF A REPORTER WAS NOT ACTING IN GOOD FAITH OR ACTED WITH MALICE.
Referred to the Committee on Judiciary.
S.
292 (Word version) --
Senator Holland: A BILL TO AMEND SECTION 20-7-680, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO DELETE THE
REQUIREMENT THAT AN OFFENDER'S NAME BE REMOVED FROM THE CENTRAL REGISTRY OF ABUSE AND
NEGLECT AFTER SEVEN YEARS AND TO REQUIRE THAT AN OFFENDER'S NAME REMAIN IN THE CENTRAL
REGISTRY FOR THE LIFE OF THAT PERSON.
Referred to the Committee on Judiciary.
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COURTS AND CRIMINAL PROCEDURE
H.
3020 (Word version) -
Rep. Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
16-15-386 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISSEMINATE OR DISPLAY INDECENT MATERIAL
TO MINORS AND TO PROVIDE PENALTIES; TO AMEND SECTIONS 16-15-345 AND 16-15-355, RELATING TO
THE ILLEGAL DISTRIBUTION OF OBSCENE MATERIAL TO MINORS, SO AS TO REVISE THE PENALTIES; TO
AMEND SECTION 16-15-375, AS AMENDED, RELATING TO DEFINITIONS REGARDING SEXUAL EXPLOITATION
OF MINORS, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO THE PROVISIONS CONTAINED IN
SECTION 16-15-386 CONCERNING DISPLAYING INDECENT MATERIAL TO MINORS, AND TO PROVIDE A
DEFINITION FOR "INDECENT MATERIAL TO MINORS"; AND TO PROVIDE A SEVERABILITY
CLAUSE
Referred to Committee on Judiciary
H.
3035 (Word version) --
Rep. Knotts: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE SO AS TO PROVIDE
THAT THE JUDGE MAY ORDER RESTITUTION NOT TO EXCEED FIVE THOUSAND DOLLARS IN ADDITION TO
CRIMINAL PENALTIES; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S
CRIMINAL JURISDICTION SO AS TO PROVIDE THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT
NOT TO EXCEED FIVE THOUSAND DOLLARS.
Referred to Committee on Judiciary
H.
3072 (Word version) --
Rep. Kirsh: A BILL TO AMEND SECTIONS 56-1-745 AND 56-1-746, BOTH AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO DRIVER'S LICENSE SUSPENSION DUE TO A CONVICTION OF A
CONTROLLED SUBSTANCE VIOLATION AND UNDERAGE PURCHASE AND POSSESSION OF ALCOHOL OFFENSES,
SO AS TO PROVIDE THAT IF A PERSON IS ACCEPTED INTO A PRETRIAL INTERVENTION PROGRAM FOR
EITHER OFFENSE, THE PERSON'S DRIVER'S LICENSE MUST BE SUSPENDED.
Referred to Committee on Judiciary
H.
3108 (Word version) -
Reps. Wilkins, Knotts, Altman, Inabinett, Stuart, Leach, R. Smith, Witherspoon, Hamilton,
Simrill, Campsen, Klauber, Sandifer, Vaughn, Law, Hawkins, Harrison, Keegan, D. Smith,
Kirsh, Wilder, Robinson, Askins, Woodrum, Phillips, Harrell, Lucas, Barrett,
Young-Brickell, Hinson, Bailey, Allison, Cato, Fleming, Walker, Mason, Rodgers and Gilham:
A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND
OFFENSES BY ADDING CHAPTER 2 SO AS TO PROVIDE ADVISORY SENTENCING GUIDELINES; TO AMEND
SECTION 16-1-10, AS AMENDED, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS,
SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED,
RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES
THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED,
RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE
AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF
PRISONERS AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED
FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION
24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK
RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO
PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL
CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER
MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS
TO SUBSTITUTE "AN OFFENSE" FOR THE TERM "NO PAROLE OFFENSE" AND TO
PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO
AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD
CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR GOOD BEHAVIOR
TO THREE DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND
SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO
LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR PARTICIPATING IN AN EDUCATION PROGRAM TO
SIX DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION
24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND
SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN
OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN
CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO
AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED
FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR
THE TERM "NO PAROLE OFFENSE" AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION
24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE
CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE
OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO
ELIMINATE PAROLE FOR A CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A
COMMUNITY SUPERVISION PROGRAM BEFORE HIS DISCHARGE FROM HIS SENTENCE; TO AMEND SECTION
24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM
OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES BEFORE THEIR RELEASE
FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO REVISE THE OFFENSES THAT REQUIRE AN OFFENDER TO
COMPLETE A COMMUNITY SUPERVISION PROGRAM AND TO PROVIDE THAT A JUDGE MAY INCLUDE
COMPLETION OF A COMMUNITY SUPERVISION PROGRAM AS A PART OF A SENTENCE FOR CERTAIN CRIMES
AND TO SUBSTITUTE CERTAIN CLASSIFIED CRIMES FOR THE TERM "NO PAROLE OFFENSE"; TO
AMEND SECTION 24-26-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA
SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE COMPOSITION OF THE COMMISSION; TO
AMEND SECTION 24-26-20, AS AMENDED, RELATING TO DUTIES AND RESPONSIBILITIES OF THE SOUTH
CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE CONTENTS OF ITS ANNUAL
REPORT; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110 RELATING TO THE
CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100 RELATING TO THE
DEFINITION OF "NO PAROLE OFFENSE", AND TO PROVIDE A SEVERABILITY CLAUSE, AND
THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE
PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.
Referred to Committee on Judiciary.
H.
3115 (Word version) --
Rep. Kirsh: A BILL TO AMEND SECTION 44-23-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE DETERMINATION OF CAPACITY TO STAND TRIAL OF PERSONS CHARGED WITH A
CRIME OR CIVIL CONTEMPT, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO MAGISTRATE COURT,
TO PROVIDE A PROCEDURE TO SUSPEND AND REINSTATE A PERSON'S DRIVER'S LICENSE OR PRIVILEGE
TO DRIVE WHO IS UNABLE TO STAND TRIAL BECAUSE OF A MENTAL CONDITION, AND TO PROVIDE A
PROCEDURE TO SUSPEND AND REINSTATE A PERSON'S DRIVER'S LICENSE OR PRIVILEGE TO DRIVE WHO
HAS SUFFERED A RELAPSE OF A MENTAL CONDITION BEFORE HIS TRIAL DATE.
Referred to Committee on Judiciary
H.
3132 (Word version) --
Rep. Haskins A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE
THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY MUST VOTE IN FAVOR OF
IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE
DEATH PENALTY TO BE IMPOSED.
Referred to Committee on Judiciary
H.
3134 (Word version) --
Rep. Haskins: A BILL TO ENACT THE "WOMEN'S AND CHILDREN'S EXPLOITATION ACT OF
1999"; INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING SECTION 16-15-317 SO AS TO PROVIDE THAT THE WRITTEN CONSENT OF THE RECIPIENT IN
THIS STATE IS FIRST REQUIRED BEFORE A PERSON THROUGH USE OF THE MAIL OR OTHERWISE MAY SEND
TO THAT PERSON MATERIAL WHICH CONTAINS NUDITY, VIOLENCE, SEXUALLY-EXPLICIT CONDUCT, OR
VULGAR OR PROFANE LANGUAGE; TO PROVIDE THAT IF THIS CONSENT HAS BEEN OBTAINED, THE
ENVELOPE OR PACKAGE CONTAINING THIS MATERIAL MUST HAVE CERTAIN LEGIBLE DISCLOSURES ON IT;
TO PROVIDE EXCEPTIONS; AND TO PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION
16-15-340 SO AS TO MAKE IT UNLAWFUL TO KNOWINGLY SOLICIT A PERSON UNDER EIGHTEEN YEARS OF
AGE THROUGH THE USE OF A COMPUTER OR OTHER FORM OF COMMUNICATION FOR THE PURPOSE OF
OBSCENE OR SEXUAL ACTIVITY, TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-3-653, RELATING
TO CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE, SO AS TO INCREASE THE PENALTY FROM TWENTY
TO TWENTY-FIVE YEARS; TO AMEND SECTION 16-3-655, SO AS TO INCLUDE AS CRIMINAL SEXUAL
CONDUCT IN THE SECOND DEGREE ENGAGING IN SEXUAL BATTERY WITH A VICTIM UNDER EIGHTEEN YEARS
OF AGE IF THE ACTOR IS FOUR OR MORE YEARS OLDER THAN THE VICTIM; TO AMEND SECTIONS
16-15-305, 16-15-375, 16-15-385, AND 16-15-405, ALL AS AMENDED, SECTIONS 16-15-315,
16-15-325, 16-15-335, 16-15-345, 16-15-355, 16-15-387, 16-15-395, 16-15-410, AND
16-15-445, ALL RELATING TO THE PREPARATION, PROMOTION, PROCUREMENT, AND DISSEMINATION OF
OBSCENITY AND MATERIAL HARMFUL TO MINORS, SO AS TO PROVIDE THAT OBSCENITY AND MATERIAL
HARMFUL TO MINORS INCLUDES COMPUTER GENERATED IMAGES AND THAT PREPARING, PROMOTING,
PROCURING, AND DISSEMINATING INCLUDES BY THE USE OF COMPUTER OR A COMPUTER SERVICE OR
COMPUTER BULLETIN BOARD AND TO INCREASE PENALTIES FOR FIRST DEGREE SEXUAL EXPLOITATION OF
A MINOR.
Referred to Committee on Judiciary
H.
3154 (Word version) --
Reps. Wilkins, D. Smith and Harrison: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF CIRCUIT COURT JURY LISTS
FROM A TAPE OF THOSE PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR
IDENTIFICATION CARD, SO AS TO DELETE THIS PROVISION AND PROVIDE THAT THESE JURY LISTS MUST
BE PREPARED BY THE STATE ELECTION COMMISSION FROM THE NAMES OF THE REGISTERED VOTERS IN
THE COUNTY.
Referred to committee on Judiciary
H.
3157 (Word version) --
Rep. Campsen: A BILL TO AMEND SECTION 17-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO
PROVIDE THAT A DEFENDANT HOSPITALIZED ON THESE GROUNDS WHO WAS FOUND NOT GUILTY BY REASON
OF INSANITY OF A VIOLENT CRIME MAY NOT LEAVE THE HOSPITAL PREMISES UNLESS AN EMPLOYEE OF
THE HOSPITAL IS PHYSICALLY PRESENT WITH THE DEFENDANT AT ALL TIMES AND TO DEFINE
"VIOLENT CRIME".
Referred to committee on Judiciary
H.
3161 (Word version) --
Rep. Jennings: A BILL TO ENACT THE HATE CRIME PENALTY ENHANCEMENT ACT BY INCLUDING
PROVISIONS TO AMEND CHAPTER 1, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
FELONIES AND MISDEMEANORS, BY ADDING SECTION 16-1-130 SO AS TO PROVIDE FOR AN INCREASE IN
THE PENALTY FOR AN UNDERLYING OFFENSE IF THE OFFENDER INTENTIONALLY SELECTS THE PERSON
AGAINST WHOM THE CRIME IS COMMITTED OR SELECTS THE PROPERTY THAT IS DAMAGED OR OTHERWISE
AFFECTED BY THE CRIME IN WHOLE OR IN PART BECAUSE OF THE OFFENDER'S BELIEF OR PERCEPTION
REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, ANCESTRY, RELIGION, GENDER, SEXUAL
ORIENTATION, OR DISABILITY OF THAT PERSON OR THE OWNER OR OCCUPANT OF THAT PROPERTY,
WHETHER OR NOT THE ACTOR'S BELIEF OR PERCEPTION WAS CORRECT; TO AMEND SECTION 16-3-20, AS
AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD AS A STATUTORY AGGRAVATING
CIRCUMSTANCE A MURDER IN WHICH THE OFFENDER INTENTIONALLY SELECTED THE MURDERED PERSON IN
WHOLE OR IN PART BECAUSE OF THE OFFENDER'S BELIEF OR PERCEPTION REGARDING THE RACE, COLOR,
ETHNICITY, NATIONAL ORIGIN, ANCESTRY, RELIGION, GENDER, SEXUAL ORIENTATION, OR DISABILITY
OF THE MURDERED PERSON, WHETHER OR NOT THE OFFENDER'S BELIEF OR PERCEPTION WAS CORRECT; TO
AMEND SECTION 20-7-7805, RELATING TO DISPOSITIONAL POWERS OF THE FAMILY COURT REGARDING
CHILDREN ADJUDICATED DELINQUENT, SO AS TO AUTHORIZE THE COURT TO MAKE FINDINGS THAT A
CHILD INTENTIONALLY SELECTED THE PERSON AGAINST WHOM AN OFFENSE IS COMMITTED OR SELECTED
THE PROPERTY THAT IS DAMAGED OR OTHERWISE AFFECTED BY THE OFFENSE IN WHOLE OR IN PART
BECAUSE OF THE CHILD'S BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL
ORIGIN, ANCESTRY, RELIGION, GENDER, SEXUAL ORIENTATION, OR DISABILITY OF THAT PERSON OR
THE OWNER OR OCCUPANT OF THAT PROPERTY, WHETHER OR NOT THE CHILD'S BELIEF OR PERCEPTION
WAS CORRECT AND ORDER A CHILD FOR WHOM SUCH FINDINGS ARE MADE, AS A CONDITION OF
PROBATION, COMMITMENT OR OTHERWISE, TO PARTICIPATE IN AN EDUCATIONAL PROGRAM REGARDING
CULTURAL DIVERSITY; TO AMEND ARTICLE 1, CHAPTER 3, TITLE 23, RELATING TO THE STATE LAW
ENFORCEMENT DIVISION, BY ADDING SECTION 23-3-125 SO AS TO ESTABLISH A HATE CRIME RECORDS
REPOSITORY; AND TO AMEND CHAPTER 3, TITLE 13, RELATING TO LAW ENFORCEMENT AND PUBLIC
SAFETY, BY ADDING ARTICLE 11, THE "HATE CRIME OFFENDER REGISTRY".
Referred to committee on Judiciary
H.
3165 (Word version) --
Rep. J. Brown: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
CHAPTER 28 SO AS TO ENACT THE MENTALLY ILL OFFENDER ACT TO PROVIDE PROCEDURAL SAFEGUARDS
IN THE PROSECUTION OF THESE DEFENDANTS AND TO REQUIRE ADEQUATE CARE AND INDIVIDUALIZED
TREATMENT FOR THESE DEFENDANTS INCLUDING REQUIRING THE DEPARTMENT OF MENTAL HEALTH TO
DEVELOP A MENTALLY ILL OFFENDER PROGRAM AND TO PROVIDE FOR THE COMPONENTS OF THE PROGRAM;
TO AMEND SECTION 44-23-210, AS AMENDED, RELATING TO TRANSFER OF CONFINED PERSONS TO OR
BETWEEN MENTAL HEALTH OR MENTAL RETARDATION INSTITUTIONS, SO AS TO EXEMPT PATIENTS
COMMITTED TO A MENTALLY ILL OFFENDER PROGRAM; TO AMEND SECTION 44-23-410, AS AMENDED,
RELATING TO DETERMINATION OF THE CAPACITY OF A PERSON TO STAND TRIAL FOR A CRIMINAL
OFFENSE, SO AS TO AUTHORIZE THE COURT TO ACT ON ITS OWN MOTION; TO AMEND SECTION
44-23-420, RELATING TO DESIGNATED EXAMINERS'' REPORTS, SO AS TO DELETE EXISTING PROVISIONS
AND TO PROVIDE THAT COMPETENCY PROVISIONS OF THIS ACT APPLY; TO AMEND SECTION 44-23-460,
RELATING TO PROCEDURES WHEN A PERSON CHARGED WITH A CRIME NO LONGER REQUIRES
HOSPITALIZATION, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO PATIENTS COMMITTED
TO A MENTALLY ILL OFFENDER PROGRAM; AND TO REPEAL SECTION 44-23-430, RELATING TO FITNESS
TO STAND TRIAL; AND CHAPTER 24, TITLE 17, RELATING TO MENTALLY ILL OR INSANE DEFENDANTS.
Referred to committee on Judiciary
H.
3180 (Word version) --
Reps. Klauber, Fleming and Hawkins: A BILL TO AMEND SECTION 44-48-40, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO SEXUALLY VIOLENT PREDATORS, SO AS TO PROVIDE THAT THE
AGENCY WITH JURISDICTION SHALL GIVE WRITTEN NOTICE TO THE MULTIDISCIPLINARY TEAM AND THE
ATTORNEY GENERAL''S OFFICE AT LEAST ONE HUNDRED AND EIGHTY DAYS PRIOR TO THE PERSON''S
ANTICIPATED RELEASE DATE, TO FURTHER PROVIDE THAT FOR A PERSON UNDER THE JURISDICTION OF
THE DEPARTMENT OF JUVENILE JUSTICE WHO IS INDEFINITELY TRANSFERRED TO THE DEPARTMENT OF
MENTAL HEALTH FOR THE TREATMENT OF A SERIOUS EMOTIONAL DISTURBANCE, NOTICE SHALL BE
PROVIDED AT LEAST ONE HUNDRED EIGHTY DAYS BEFORE THE JUVENILE''S ANTICIPATED RELEASE DATE,
AND TO PROVIDE THAT REQUIREMENTS OF CERTAIN PROVISIONS ARE NOT JURISDICTIONAL AND FAILURE
TO COMPLY WITH THEM DOES NOT PROHIBIT THE ATTORNEY GENERAL FROM PROCEEDING AGAINST A
PERSON WHO MAY BE SUBJECT TO CHAPTER 48; TO AMEND SECTION 44-48-50, SO AS TO PROVIDE THAT
CERTAIN RECORDS MUST BE GIVEN TO THE MULTIDISCIPLINARY TEAM WHEN THE AGENCY WITH
JURISDICTION GIVES NOTICE AND TO PROVIDE THAT REQUIREMENTS OF CERTAIN PROVISIONS ARE NOT
JURISDICTIONAL AND FAILURE TO COMPLY WITH THEM DOES NOT PROHIBIT THE ATTORNEY GENERAL FROM
PROCEEDING AGAINST A PERSON WHO MAY BE SUBJECT TO CHAPTER 48; TO AMEND SECTION 44-48-60,
SO AS TO PROVIDE THAT REQUIREMENTS OF CERTAIN PROVISIONS ARE NOT JURISDICTIONAL AND
FAILURE TO COMPLY WITH THEM DOES NOT PROHIBIT THE ATTORNEY GENERAL FROM PROCEEDING AGAINST
A PERSON WHO MAY BE SUBJECT TO CHAPTER 48; TO AMEND SECTION 44-48-70, SO AS TO PROVIDE
THAT THE STATE OF SOUTH CAROLINA OR A PERSON ACTING ON BEHALF OF THE STATE DOES NOT HAVE
TO PAY FILING FEES FOR PROCEEDINGS BROUGHT UNDER CHAPTER 48, AND TO PROVIDE THAT
REQUIREMENTS OF CERTAIN PROVISIONS ARE NOT JURISDICTIONAL AND FAILURE TO COMPLY WITH THEM
DOES NOT PROHIBIT THE ATTORNEY GENERAL FROM PROCEEDING AGAINST A PERSON WHO MAY BE SUBJECT
TO CHAPTER 48; TO AMEND SECTION 44-48-80, SO AS TO PROVIDE THAT THE STATE MAY USE HEARSAY
EVIDENCE IN THE PROBABLE CAUSE HEARING; TO AMEND SECTION 44-48-90, SO AS TO PROVIDE THAT
THE VOLUNTARY EXCHANGE OF INFORMATION BETWEEN PARTIES IS ENCOURAGED BUT FORMAL DEPOSITIONS
AND DISCOVERY MAY BE CONDUCTED; AND TO ADD SECTION 44-48-180 SO AS TO PROVIDE THAT A
SEXUALLY VIOLENT PREDATOR WHO IS SUBSEQUENTLY CONVICTED OF A CRIMINAL OFFENSE AND
SENTENCED TO INCARCERATION, UPON SERVING SUCH SENTENCE, SHALL BE RETURNED TO THE
APPROPRIATE FACILITY FOR THE TREATMENT OF SEXUALLY VIOLENT PREDATORS.
Referred to committee on Judiciary
H.
3183 (Word version) --
Reps. Klauber and Seithel: A BILL TO AMEND SECTION 22-5-510, AS AMENDED, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE BAILING OF PERSONS BY MAGISTRATES AND THE TIME
PERIODS FOR HOLDING A BOND HEARING AND RELEASING A PERSON CHARGED WITH A BAILABLE OFFENSE,
SO AS TO PROVIDE THAT THE MAGISTRATE MAY ORDER A PERSON CHARGED WITH A VIOLATION OF
CERTAIN CRIMINAL DOMESTIC VIOLENCE PROVISIONS OF LAW BE DETAINED IN THE INCARCERATING
FACILITY FOR FORTY-EIGHT HOURS AFTER ARREST IF THE MAGISTRATE FINDS AT THE HEARING THAT
THE ALLEGED VICTIM HAS REQUESTED AND HAS SHOWN GOOD CAUSE FOR DETAINING THE PERSON FOR
THAT PERIOD OF TIME.
Referred to committee on Judiciary
H.
3243 (Word version) --
Rep. Lourie: A BILL TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE
STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOWED TO
DEFENDANTS AND THE STATE.
Referred to committee on Judiciary
S. 55
(Word version) -- Senators
Alexander, Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 22-5-215 SO AS TO PROVIDE THAT A MAGISTRATE MAY DELEGATE TO HIS CLERK HIS
AUTHORITY TO SIGN THE AFFIDAVIT UPON WHICH AN ARREST WARRANT IS ISSUED.
Referred to the Committee on Judiciary.
S. 57
(Word version) -- Senator
Alexander: A BILL TO AMEND SECTION 14-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE APPOINTMENT OF MUNICIPAL MINISTERIAL RECORDERS AND THEIR POWERS AND
DUTIES, SO AS TO AUTHORIZE THESE MINISTERIAL RECORDERS TO SET AND ACCEPT BONDS AND
RECOGNIZANCES.
Referred to the Committee on Judiciary.
S. 62
(Word version) -- Senator Ford:
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2 OF ARTICLE V OF THE CONSTITUTION OF
SOUTH CAROLINA, 1895, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO INCREASE
FROM FIVE TO SEVEN THE NUMBER OF JUSTICES COMPRISING THE SUPREME COURT; TO SECTION 3,
ARTICLE V, RELATING TO THE ELECTION OF MEMBERS OF THE SUPREME COURT, SO AS TO PROVIDE THAT
ASSOCIATE JUSTICES OF THE SUPREME COURT SHALL BE POPULARLY ELECTED FROM CONGRESSIONAL
DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT AND THAT THE CHIEF JUSTICE OF THE
SUPREME COURT SHALL BE ELECTED FROM THE STATE AT-LARGE; TO SECTION 8, ARTICLE V, RELATING
TO ELECTION OF MEMBERS OF THE COURT OF APPEALS, SO AS TO PROVIDE THAT JUDGES OF THE COURT
OF APPEALS SHALL BE POPULARLY ELECTED FROM CONGRESSIONAL DISTRICTS BY THE QUALIFIED VOTERS
OF EACH DISTRICT; AND TO SECTION 13, ARTICLE V, RELATING TO JUDICIAL CIRCUIT JUDGES, SO AS
TO PROVIDE THAT CIRCUIT COURT JUDGES SHALL BE POPULARLY ELECTED FROM SENATORIAL DISTRICTS
BY THE QUALIFIED VOTERS OF EACH DISTRICT AND THAT THE CHIEF JUSTICE SHALL ASSIGN CIRCUIT
JUDGES TO THE JUDICIAL CIRCUITS WITH REASONABLE EFFORTS MADE TO ACCOUNT FOR GEOGRAPHICAL
LOCATION.
Referred to the Committee on Judiciary.
S. 63
(Word version) -- Senator Ford:
A JOINT RESOLUTION TO AMEND SECTION 20-7-1370 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT
FAMILY COURT JUDGES SHALL BE POPULARLY ELECTED FROM SENATORIAL DISTRICTS BY THE QUALIFIED
VOTERS OF EACH DISTRICT; TO REPEAL SECTION 20-7-1410 OF THE 1976 CODE, RELATING TO THE
NUMBER OF FAMILY COURT JUDGES ASSIGNED TO EACH JUDICIAL CIRCUIT; AND TO PROVIDE FOR AN
EFFECTIVE DATE OF JANUARY 1, 1999, FOR THESE PROVISIONS.
Referred to the Committee on Judiciary.
S. 96
(Word version) -- Senators
Thomas, Courtney, Elliott, Ryberg, Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 24-21-570 SO AS TO PROVIDE PROCEDURES TO COLLECT
RESTITUTION AND FINES FROM PERSONS RELEASED ON PROBATION, PAROLE, SUPERVISED FURLOUGH, OR
CONDITIONAL RELEASE.
Referred to the Committee on Corrections and Penology.
S.
109 (Word version) --
Senators Thomas, Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING SECTION 16-9-17 SO AS TO PROVIDE THAT A PROCESS SERVER MAY SERVE A SUMMONS,
COMPLAINT, OR OTHER JUDICIAL DOCUMENTS ON SUNDAYS.
Referred to the Committee on Judiciary.
S.
126 (Word version) --
Senators Passailaigue, Elliott: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH
CAROLINA, 1976, SO AS TO PROVIDE THAT WITHIN FIFTEEN DAYS OF THE RETURN OF A TRUE BILL OF
AN INDICTMENT BY A GRAND JURY FOR A CRIME WHEREIN THE VICTIM WAS EXPOSED TO BLOOD OR
VAGINAL OR SEMINAL OR OTHER BODY FLUIDS OR SECRETIONS OF THE ALLEGED OFFENDER OR THE
ALLEGED JUVENILE OFFENDER THE SOLICITOR SHALL MAKE A MOTION AND THE COURT SHALL ORDER THAT
THE ALLEGED OFFENDER OR THE ALLEGED JUVENILE OFFENDER SHALL BE TESTED FOR HEPATITIS B AND
ALL SEXUALLY TRANSMITTED DISEASES INCLUDING HUMAN IMMUNODEFICIENCY VIRUS (HIV), THE VIRUS
THAT CAUSES ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS), AND TO PROVIDE THAT THE RESULTS OF
SUCH TESTING BE REVEALED ONLY TO THE VICTIM, THE VICTIM'S PARENT(S) OR LEGAL GUARDIAN(S)
OR REPRESENTATIVE OR ATTORNEY UNTIL THE ALLEGED OFFENDER OR ALLEGED JUVENILE OFFENDER IS
CONVICTED OR ADJUDICATED.
Referred to the Committee on Judiciary.
S.
192 (Word version) --
Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTIONS 56-1-146, 56-1-147, AND 56-1-148 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC
SAFETY MUST BE NOTIFIED OF PERSONS CONVICTED OF FELONIES AND PERSONS INCARCERATED OR ON
PAROLE OR PROBATION FOR FELONIES SO THAT AN IDENTIFYING CODE CAN BE AFFIXED TO THEIR
DRIVERS' LICENSES OR SPECIAL IDENTIFICATION CARDS IN A SPECIFIED MANNER; TO AMEND SECTION
56-1-80, AS AMENDED, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, SO AS TO
PROVIDE THAT AN APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT
HAS BEEN CONVICTED OF A FELONY IN THIS STATE AND, IF SO, THE FELONY; TO AMEND SECTION
56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE
THAT A DRIVER'S LICENSE MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF A
FELONY UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE
THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THE
STATE; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL
IDENTIFICATION CARDS, SO AS TO PROVIDE THAT AN APPLICATION FOR A SPECIAL IDENTIFICATION
CARD MUST REQUEST WHETHER THE APPLICANT HAS EVER BEEN CONVICTED OF A FELONY IN THIS STATE;
AND TO AMEND SECTION 56-1-3370, RELATING TO THE SIZE, SHAPE, AND DESIGN OF A SPECIAL
IDENTIFICATION CARD, SO AS TO PROVIDE THAT A SPECIAL IDENTIFICATION CARD MUST HAVE A
ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE
IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO
THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THIS STATE.
Referred to the Committee on Judiciary.
S.
203 (Word version) --
Senator Fair: A BILL TO AMEND SECTION 16-15-130, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO INDECENT EXPOSURE, SO AS TO DELETE THE CURRENT PROVISIONS AND
TO ESTABLISH MISDEMEANOR PUBLIC INDECENCY AND MISDEMEANOR INDECENT EXPOSURE AS OFFENSES,
AND TO PROVIDE PENALTIES.
Referred to the Committee on Judiciary.
S.
213 (Word version) --
Senators Holland, Elliott: A BILL TO AMEND CHAPTER 24 OF TITLE 17, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO MENTALLY ILL OR INSANE DEFENDANTS, SO AS TO ENACT THE MENTALLY
ILL DEFENDANT ACT WHICH INCLUDES PROVISIONS TO REVISE PROCEDURAL SAFEGUARDS IN THE
PROSECUTION OF THESE DEFENDANTS AND TO REQUIRE ADEQUATE CARE AND INDIVIDUALIZED TREATMENT
FOR THESE DEFENDANTS INCLUDING REQUIRING THE DEPARTMENT OF MENTAL HEALTH TO DEVELOP A
MENTALLY ILL DEFENDANT PROGRAM AND TO PROVIDE FOR THE COMPONENTS OF THE PROGRAM; TO AMEND
ARTICLE 5 OF CHAPTER 23 OF TITLE 44, RELATING TO FITNESS TO STAND TRIAL, SO AS TO REVISE
PROCEDURAL SAFEGUARDS AND PROVIDE A PROCEDURE FOR PERSONS COMMITTED TO APPLY FOR
CONDITIONAL RELEASE AND REQUIRE THE MENTALLY ILL DEFENDANT PROGRAM TO MONITOR RELEASED
PERSONS; TO AMEND SECTION 44-9-100, AS AMENDED, RELATING TO POWERS OF THE DEPARTMENT OF
MENTAL HEATH, SO AS TO INCLUDE THE AUTHORITY TO PROMULGATE REGULATIONS RELATIVE TO CHAPTER
28, TITLE 17 AND ARTICLE 5 OF CHAPTER 23 OF TITLE 44; TO AMEND SECTION 44-13-30, RELATING
TO THE DEPARTMENT OF MENTAL HEALTH TRANSFERRING NONRESIDENT PATIENTS TO THEIR STATE OF
RESIDENCY, SO AS TO PROVIDE THAT THIS DOES NOT APPLY TO PATIENTS COMMITTED PURSUANT TO
CHAPTER 24 OF TITLE 17 OR ARTICLE 5 OF CHAPTER 23 OF TITLE 44; TO AMEND SECTION 44-22-100,
AS AMENDED, RELATING TO EXCEPTIONS TO THE CONFIDENTIALITY OF RECORDS MAINTAINED BY THE
DEPARTMENT OF MENTAL HEALTH, SO AS TO INCLUDE RECORDS RELATIVE TO THE PROVISIONS OF
CHAPTER 23 OF TITLE 17 OR ARTICLE 5 OF CHAPTER 23 OF TITLE 44 IF DISCLOSURE IS NECESSARY
TO CARRY OUT THOSE PROVISIONS; AND TO AMEND SECTION 44-23-210, AS AMENDED, RELATING TO
TRANSFERRING PATIENTS BETWEEN MENTAL HEALTH AND MENTAL RETARDATION FACILITIES, SO AS TO
PROVIDE THAT THE SECTION DOES NOT APPLY TO PERSONS COMMITTED PURSUANT TO THE MENTALLY ILL
DEFENDANT PROGRAM.
Referred to the Committee on Judiciary.
S.
215 (Word version) --
Senator Wilson: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO DEFINITIONS OF "HARASSMENT" AND "STALKING", SO AS TO
FURTHER PROVIDE FOR THE DEFINITION OF "HARASSMENT" AND TO EXCLUDE ACTS OF
REGISTERED PRIVATE DETECTIVES PERFORMING THEIR OFFICIAL DUTIES.
Referred to the Committee on Judiciary.
S.
223 (Word version) --
Senator Wilson: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE SO AS
TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION NOT TO EXCEED FIVE THOUSAND DOLLARS IN
ADDITION TO CRIMINAL PENALTIES; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A
MAGISTRATE'S CRIMINAL JURISDICTION SO AS TO PROVIDE THE MAGISTRATE MAY ORDER RESTITUTION
IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS.
Referred to the Committee on Judiciary.
S.
249 (Word version) --
Senator Jackson: A BILL TO AMEND TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO CRIMES AND OFFENSES, BY ADDING CHAPTER 10 SO AS TO ENACT THE "CONSENT TO
RECORD ACT" TO MAKE IT UNLAWFUL FOR A PERSON TO: (1) WILLFULLY INTERCEPT, ENDEAVOR TO
INTERCEPT, OR PROCURE ANY OTHER PERSON TO INTERCEPT OR ENDEAVOR TO INTERCEPT A WIRE, ORAL,
OR ELECTRONIC COMMUNICATION WHERE THE PERSON IS A PARTY TO THE COMMUNICATION UNLESS ALL OF
THE PARTIES TO THE COMMUNICATION HAVE GIVEN PRIOR CONSENT TO THE INTERCEPTION; (2)
WILLFULLY DISCLOSE, OR ENDEAVOR TO DISCLOSE, TO ANY OTHER PERSON THE CONTENTS OF ANY WIRE,
ORAL, OR ELECTRONIC COMMUNICATION, KNOWING OR HAVING REASON TO KNOW THAT THE INFORMATION
WAS OBTAINED THROUGH THE INTERCEPTION OF A WIRE, ORAL, OR ELECTRONIC COMMUNICATION; AND
(3) WILLFULLY USE, OR ENDEAVOR TO USE, THE CONTENTS OF ANY WIRE, ORAL, OR ELECTRONIC
COMMUNICATION, KNOWING OR HAVING REASON TO KNOW THAT THE INFORMATION WAS OBTAINED THROUGH
THE INTERCEPTION OF A WIRE, ORAL, OR ELECTRONIC COMMUNICATION; TO PROVIDE AN EXEMPTION
FROM THESE PROHIBITIONS FOR AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER ACTING PURSUANT TO
OTHER LAW AUTHORIZING SUCH CONDUCT; AND TO DEFINE RELATED TERMS.
Referred to the Committee on Judiciary.
S.
266 (Word version) --
Senators Peeler, Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING SECTION 16-3-29 SO AS TO PROVIDE THAT A PERSON CONVICTED OF MURDERING A LAW
ENFORCEMENT OFFICER IN THE LINE OF DUTY MUST RECEIVE A MANDATORY SENTENCE OF DEATH.
Referred to the Committee on Judiciary.
S.
269 (Word version) --
Senator Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF
THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO
PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY MUST VOTE IN
FAVOR OF IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN CONVICTED OF MURDER IN
ORDER FOR THE DEATH PENALTY TO BE IMPOSED.
Referred to the Committee on Judiciary.
S.
286 (Word version) --
Senator Bryan: A BILL TO ENACT "THE MAGISTRATES COURTS REFORM ACT OF 1999" BY
AMENDING SECTION 8-21-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
FEES AND COSTS TO BE COLLECTED BY MAGISTRATES, SO AS TO INCREASE THE FEE FOR CIVIL ACTIONS
AND COMPLAINTS FROM TWENTY-FIVE TO THIRTY DOLLARS AND TO INCREASE THE FEE FOR PROCEEDINGS
BY A LANDLORD AGAINST A TENANT FROM TEN TO FIFTEEN DOLLARS; BY AMENDING SECTION 22-1-10,
RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT ON OR AFTER JULY 1, 1999, A
MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE
DEGREE; BY AMENDING SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS
MAGISTRATES, SO AS TO PROVIDE THAT THE REQUIREMENT OF A FOUR-YEAR BACCALAUREATE DEGREE
DOES NOT APPLY TO A MAGISTRATE SERVING ON JULY 1, 1999, DURING HIS TENURE IN OFFICE; BY
AMENDING SECTION 22-1-30, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO
PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION
REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME
COURT; BY AMENDING SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUES AS AFFECTING
THE NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL
MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; BY AMENDING SECTION 22-8-40,
RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW
SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON
ACCOMMODATIONS TAX REVENUES; BY AMENDING SECTION 34-11-70, RELATING TO EVIDENCE OF
FRAUDULENT INTENT IN DRAWING A CHECK AND PROBABLE CAUSE FOR PROSECUTION, SO AS TO INCREASE
THE FEE A DEFENDANT MUST PAY FOR ADMINISTRATIVE COSTS, WHEN THE CASE IS DISMISSED FOR WANT
OF PROSECUTION OR WHEN THE CASE IS DISMISSED ON SATISFACTORY PROOF OR RESTITUTION AND
REPAYMENT, FROM TWENTY TO TWENTY-FIVE DOLLARS; BY AMENDING SECTION 34-11-90, RELATING TO
JURISDICTION OVER OFFENSES CONCERNING FRAUDULENT CHECKS, SO AS TO INCREASE A MAGISTRATE'S
JURISDICTION OVER INSTRUMENTS OF FIVE HUNDRED DOLLARS OR LESS TO A JURISDICTION OVER
INSTRUMENTS OF ONE THOUSAND DOLLARS OR LESS; TO PROVIDE THE CIRCUMSTANCES OF A CONVICTION
IN MAGISTRATE'S COURT THAT ARE PUNISHABLE BY IMPRISONMENT OR FINES; TO INCREASE THE AMOUNT
OF REASONABLE COURT COSTS THAT A DEFENDANT MUST PAY WHEN THE COURT SUSPENDS A FIRST
OFFENSE CONVICTION FOR DRAWING AND UTTERING A FRAUDULENT CHECK FROM TWENTY TO TWENTY FIVE
DOLLARS; AND TO INCREASE THE AMOUNT OF REASONABLE COURT COSTS THAT A DEFENDANT MUST PAY
AFTER A CONVICTION OR PLEA FOR DRAWING AND UTTERING A FRAUDULENT CHECK; AND BY ADDING
SECTION 9-11-27, SO AS TO PROVIDE THAT MAGISTRATES MAY PARTICIPATE IN THE SOUTH CAROLINA
POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING SECTION 22-1-12, SO AS TO REQUIRE THAT A
MAGISTRATE COMPLETE CERTAIN TRIAL EXPERIENCES PRIOR TO TRYING CASES; BY ADDING SECTION
22-1-17, SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE
SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; BY ADDING SECTION 22-1-19, SO AS TO
ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE
ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS
FOR MAGISTRATES; AND BY ADDING SECTION 22-2-5, SO AS TO ESTABLISH AN ELIGIBILITY
EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING
NOMINATION FOR MAGISTERIAL APPOINTMENTS; AND BY REQUESTING THAT THE SUPREME COURT MAKE A
REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEES
RECOMMENDING FURTHER CHANGES NEEDED.
Referred to the Committee on Judiciary.
S.
287 (Word version) --
Senator Holland: A BILL TO AMEND SECTION 19-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE COMPETENCY OF A HUSBAND OR WIFE OF PARTY AS A WITNESS, SO AS TO PROVIDE
THAT A HUSBAND OR WIFE IS REQUIRED TO DISCLOSE ANY COMMUNICATION, CONFIDENTIAL OR
OTHERWISE, MADE BY ONE TO THE OTHER DURING THEIR MARRIAGE WHERE THE SUIT, ACTION OR
PROCEEDING CONCERNS OR IS BASED ON CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC
VIOLENCE OF A HIGH AND AGGRAVATED NATURE.
Referred to the Committee on Judiciary.
BACK TO TOP
CRIMES AGAINST THE PERSON
H.
3003 (Word version) --
Rep. Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
16-17-471 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO GAZE, STARE, PEEP, OR RECORD A
NONCONSENTING PERSON WHO IS NOT FULLY CLOTHED UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE
A PENALTY.
Referred to Committee on Judiciary
H.
3075 (Word version) --
Rep. Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 23-3-485 SO AS TO REQUIRE THE SHERIFF TO PROVIDE WRITTEN NOTICE TO ALL RESIDENCES
WITHIN FOUR BLOCKS OF A REGISTERED SEX OFFENDER OF THE OFFENDER'S ADDRESS AND CERTAIN
OTHER INFORMATION REGARDING THE OFFENDER; AND TO AMEND SECTION 23-3-490, AS AMENDED,
RELATING TO A SHERIFF DISSEMINATING SEX OFFENDER REGISTRY INFORMATION WHEN IT IS BELIEVED
SUCH DISSEMINATION WILL DETER CRIME, SO AS TO PROVIDE THAT THE FOUR-BLOCK RADIUS
NOTIFICATION DOES NOT RESTRICT THE SHERIFF FROM BROADER DISSEMINATION OF INFORMATION WHEN
NECESSARY.
Referred to Committee on Judiciary
H.
3088 (Word version) --
Rep. Davenport: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT ASSAULT AND BATTERY OF A
HIGH AND AGGRAVATED NATURE AND CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A MOTOR
VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL ARE VIOLENT CRIMES.
Referred to Committee on Judiciary
H.
3089 (Word version) --
Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
16-3-1085 SO AS TO ESTABLISH THE CRIMES OF DOMESTIC TERRORISM, AIDING AND ABETTING
DOMESTIC TERRORISM, AND CONSPIRACY TO COMMIT DOMESTIC TERRORISM, AND TO PROVIDE THE DEATH
PENALTY FOR VIOLATION.
Referred to Committee on Judiciary
H.
3182 (Word version) --
Reps. Klauber and Seithel: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE AS SEPARATE
AGGRAVATING CIRCUMSTANCES, WHICH MAY BE CONSIDERED IN THE DETERMINATION OF WHETHER THE
DEATH PENALTY SHOULD BE IMPOSED, A MURDER COMMITTED IN VIOLATION OF A VALID ORDER OF
PROTECTION OR VALID RESTRAINING ORDER AND A MURDER COMMITTED AGAINST A HOUSEHOLD MEMBER
WHEN THE DEFENDANT HAD AT LEAST ONE PRIOR CONVICTION FOR COMMITTING CERTAIN LISTED
OFFENSES AGAINST THE HOUSEHOLD MEMBER VICTIM.
Referred to committee on Judiciary
S. 9
(Word version) -- Senators
Thomas, Elliott, Ryberg, Giese, Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 16-3-632 SO AS TO PROVIDE THAT A PERSON WHO ASSAULTS OR
THREATENS AN INDIVIDUAL ATTEMPTING TO SERVE A JUDICIAL DOCUMENT IS GUILTY OF ASSAULT AND
BATTERY OF A HIGH AND AGGRAVATED NATURE.
Referred to the Committee on Judiciary.
S. 45
(Word version) -- Senators
Jackson, Elliott: A BILL TO AMEND CHAPTER 1, TITLE 16 OF THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO FELONIES AND MISDEMEANORS, BY ADDING SECTION 16-1-130 SO AS TO
PROVIDE FOR AN INCREASE IN THE PENALTY FOR AN UNDERLYING OFFENSE IF THE OFFENDER
INTENTIONALLY SELECTS THE PERSON AGAINST WHOM THE CRIME IS COMMITTED OR SELECTS THE
PROPERTY THAT IS DAMAGED OR OTHERWISE AFFECTED BY THE CRIME IN WHOLE OR IN PART BECAUSE OF
THE OFFENDER'S BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN,
ANCESTRY, RELIGION, GENDER, SEXUAL ORIENTATION, OR DISABILITY OF THAT PERSON OR THE OWNER
OR OCCUPANT OF THAT PROPERTY, WHETHER OR NOT THE ACTOR'S BELIEF OR PERCEPTION WAS CORRECT;
TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD
AS A STATUTORY AGGRAVATING CIRCUMSTANCE A MURDER IN WHICH THE OFFENDER INTENTIONALLY
SELECTED THE MURDERED PERSON IN WHOLE OR IN PART BECAUSE OF THE OFFENDER'S BELIEF OR
PERCEPTION REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, ANCESTRY, RELIGION,
GENDER, SEXUAL ORIENTATION, OR DISABILITY OF THE MURDERED PERSON, WHETHER OR NOT THE
OFFENDER'S BELIEF OR PERCEPTION WAS CORRECT; TO AMEND SECTION 20-7-7805, RELATING TO
DISPOSITIONAL POWERS OF THE FAMILY COURT REGARDING CHILDREN ADJUDICATED DELINQUENT, SO AS
TO AUTHORIZE THE COURT TO MAKE FINDINGS THAT A CHILD INTENTIONALLY SELECTED THE PERSON
AGAINST WHOM AN OFFENSE IS COMMITTED OR SELECTED THE PROPERTY THAT IS DAMAGED OR OTHERWISE
AFFECTED BY THE OFFENSE IN WHOLE OR IN PART BECAUSE OF THE CHILD'S BELIEF OR PERCEPTION
REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, ANCESTRY, RELIGION, GENDER, SEXUAL
ORIENTATION, OR DISABILITY OF THAT PERSON OR THE OWNER OR OCCUPANT OF THAT PROPERTY,
WHETHER OR NOT THE CHILD'S BELIEF OR PERCEPTION WAS CORRECT AND ORDER A CHILD FOR WHOM
SUCH FINDINGS ARE MADE, AS A CONDITION OF PROBATION, COMMITMENT OR OTHERWISE, TO
PARTICIPATE IN AN EDUCATIONAL PROGRAM REGARDING CULTURAL DIVERSITY; TO AMEND ARTICLE 1,
CHAPTER 3, TITLE 23, RELATING TO THE STATE LAW ENFORCEMENT DIVISION, BY ADDING SECTION
23-3-125 SO AS TO ESTABLISH A HATE CRIME RECORDS REPOSITORY; AND TO AMEND CHAPTER 3, TITLE
13, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING ARTICLE 11, THE "HATE
CRIME OFFENDER REGISTRY.
Referred to the Committee on Judiciary.
S.
160 (Word version) --
Senator Washington: A BILL TO AMEND SECTION 16-1-57 OF THE CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE PENALTY FOR THIRD OR SUBSEQUENT CONVICTIONS OF CERTAIN PROPERTY
OFFENSES, SO AS TO EXCLUDE CERTAIN SHOPLIFTING OFFENSES FROM THE PROVISIONS OF THIS
SECTION, AND TO AMEND SECTION 16-13-110, RELATING TO SHOPLIFTING, SO AS TO REVISE THE
PENALTIES AND TO PROVIDE THAT ONLY THOSE OFFENSES OCCURRING WITHIN A PERIOD OF TEN YEARS
INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST OFFENSE SHALL CONSTITUTE PRIOR
OFFENSES FOR PURPOSES OF THIS SECTION.
Referred to the Committee on Judiciary.
S.
185 (Word version) --
Senator Holland: A BILL TO AMEND CHAPTER 3, TITLE 16 OF THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING SECTION 16-3-1600 SO AS
TO PROVIDE DEFINITIONS FOR "SEXUAL BATTERY," "SEXUAL FONDLING,"
"INTIMATE PARTS," AND "ACTOR"; BY ADDING SECTION 16-3-1610 SO AS TO
PROHIBIT A PERSON FROM ENTICING A MINOR UNDER THE AGE OF SIXTEEN TO ENGAGE IN "SEXUAL
BATTERY" OR "SEXUAL FONDLING"; BY ADDING SECTION 16-3-1620 SO AS TO PROVIDE
A PENALTY OF NOT MORE THAN TEN YEARS' IMPRISONMENT FOR A VIOLATION OF SECTION 16-3-1610;
AND TO AMEND SECTION 16-3-1700, RELATING TO HARASSMENT AND STALKING, SO AS TO EXPAND THE
DEFINITION OF HARASSMENT TO INCLUDE ELECTRONIC CONTACT.
Referred to the Committee on Judiciary.
S.
291 (Word version) --
Senators Holland, Passailaigue, Elliott: A BILL TO AMEND SECTION 43-35-85, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO ADULT PROTECTION, SO AS TO PROVIDE THAT ANY PERSON WHO
KNOWINGLY AND WILLFULLY ABUSES, NEGLECTS, OR EXPLOITS A VULNERABLE ADULT IS GUILTY OF A
FELONY AND MUST BE IMPRISONED NOT MORE THAN FIVE YEARS, TO PROVIDE THAT ANY PERSON WHO
KNOWINGLY AND WILLFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN GREAT BODILY
INJURY IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIFTEEN YEARS, AND TO
PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT
RESULTING IN DEATH IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN THIRTY
YEARS.
Referred to the Committee on Judiciary.
BACK TO TOP
DRIVING OFFENSES
H.
3008 (Word version) --
Rep. Kirsh: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC
CONTENT OF THE BLOOD OF A PERSON WHO OPERATES A MOTOR VEHICLE UPON THE PUBLIC ROADS OF
THIS STATE, SO AS TO DECREASE THE PERCENTAGES OF ALCOHOL IN A PERSON'S BLOOD USED TO
CREATE PRESUMPTIONS WHICH MUST BE USED IN DETERMINING THE GUILT OF PERSONS VIOLATING THE
PROVISIONS OF SECTION 56-5-2930 AND TO PROVIDE THAT ON AND AFTER JULY 1, 2000, IT MUST BE
INFERRED THAT A PERSON IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS AT THAT TIME EIGHT
ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD; TO
PROVIDE A TRANSITION PERIOD FOR THE FURTHER REDUCTION OF THE PERCENTAGES; AND TO REPEAL
SECTION 7 OF ACT 434 OF 1998 WHICH GENERALLY REVISES SECTION 56-5-2950 OF THE 1976 CODE
RELATING TO IMPLIED CONSENT OF CHEMICAL TESTS FOR THE PRESENCE OF ALCOHOL OR DRUGS.
Referred to Committee on Judiciary
H.
3015 (Word version) --
Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
56-1-545 SO AS TO PROVIDE THAT A PERSON OWNING OR CONTROLLING A MOTOR VEHICLE IS GUILTY OF
A MISDEMEANOR IF HE ALLOWS ANOTHER PERSON TO OPERATE THE MOTOR VEHICLE WHO HE KNOWS OR
SHOULD HAVE KNOWN DOES NOT HAVE A VALID SOUTH CAROLINA DRIVER'S LICENSE, TO PROVIDE A
PENALTY, AND TO PROVIDE THAT A MOTOR VEHICLE COVERED BY THIS PROVISION MUST BE CONFISCATED
AND SOLD AT PUBLIC AUCTION BY THE LOCAL GOVERNMENT WHERE THE OFFENSE OCCURRED WHICH SHALL
PLACE THE PROCEEDS FROM THE SALE IN ITS GENERAL FUND.
Referred to Committee on Judiciary
H.
3016 (Word version) --
Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
56-5-2997 SO AS TO PROVIDE THAT A PERSON WHO OWNS OR CONTROLS A MOTOR VEHICLE IS GUILTY OF
A MISDEMEANOR IF HE ALLOWS ANOTHER PERSON IMPAIRED BY ALCOHOL OR DRUGS OR WHO REASONABLY
IS KNOWN TO HIM TO BE A HABITUAL USER OF ALCOHOL OR DRUGS TO OPERATE THE MOTOR VEHICLE, TO
PROVIDE A PENALTY, AND TO PROVIDE THAT A MOTOR VEHICLE COVERED BY THIS PROVISION MUST BE
CONFISCATED BY THE LOCAL GOVERNMENT WHERE THE OFFENSE OCCURRED AND SOLD AT PUBLIC AUCTION
OR DESTROYED WITH THE PROCEEDS FROM A SALE BEING PLACED IN THE LOCAL GOVERNMENT'S GENERAL
FUND.
Referred to Committee on Judiciary
H.
3019 (Word version) --
Rep. Davenport: A BILL TO AMEND SECTION 56-5-2940, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO PENALTIES ASSOCIATED WITH DRIVING UNDER THE INFLUENCE OF
ALCOHOL OR A CONTROLLED SUBSTANCE, SO AS TO LIMIT A JUDGE'S DISCRETION WHEN ISSUING A
SENTENCE UNDER THIS PROVISION.
Referred to Committee on Judiciary
H.
3039 (Word version) -
Rep. Kirsh: A BILL TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM
PERSONS CONVICTED OF DRIVING WITH A SUSPENDED DRIVER'S LICENSE OR DRIVING UNDER THE
INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, SO AS TO REQUIRE THE FORFEITURE HEARING TO BE
COMPLETED WITHIN THREE MONTHS FROM THE DATE THE FORFEITURE ACTION IS COMMENCED.
Referred to Committee on Judiciary
H.
3210 (Word version) --
Rep. Fleming: A BILL TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE DISCLOSURE OF JUVENILE RECORDS, SO AS TO AUTHORIZE LAW
ENFORCEMENT TO INSPECT THE RECORD OF A JUVENILE UNDER INVESTIGATION FOR CERTAIN OFFENSES
WITHOUT OBTAINING JUDICIAL CONSENT AND TO FINGERPRINT A JUVENILE UNDER INVESTIGATION FOR
CERTAIN OFFENSES WITHOUT FIRST OBTAINING AN ORDER FROM FAMILY COURT; TO DELETE THE
PROHIBITION THAT THE JUVENILE''S FINGERPRINT RECORDS NOT BE PROVIDED TO ANOTHER LAW
ENFORCEMENT AGENCY IN CERTAIN CASES; TO DELETE THE REQUIREMENT THAT THE FINGERPRINT
RECORDS OF A JUVENILE WHO IS NOT ADJUDICATED DELINQUENT FOR CERTAIN OFFENSES BE DESTROYED
OR EXPUNGED; TO REQUIRE FINGERPRINTS AND PHOTOGRAPHS OF JUVENILES TAKEN BY THE DEPARTMENT
OF JUVENILE JUSTICE TO BE TRANSMITTED TO THE STATE LAW ENFORCEMENT DIVISION; TO DELETE THE
PROVISION THAT PEACE OFFICERS'' RECORDS OF CHILDREN MAY BE OPEN TO INSPECTION ONLY BY
GOVERNMENTAL AGENCIES AUTHORIZED BY THE FAMILY COURT; AND TO ADD SECTION 20-7-8525 SO AS
TO AUTHORIZE THE GATHERING AND SHARING OF INFORMATION AND FILES CONCERNING THE
INVESTIGATION OF CRIMINAL ACTIVITY BY LAW ENFORCEMENT AGENCIES AND TO REQUIRE THE AGENCIES
TO ESTABLISH SECURITY PROCEDURES TO SAFEGUARD THIS INFORMATION AND FILES.
Referred to committee on Judiciary
S.
179 (Word version) --
Senators Martin, Ryberg: A BILL TO AMEND SECTION 56-5-2945, SOUTH CAROLINA CODE OF LAWS,
1976, RELATING TO FELONY DRIVING UNDER THE INFLUENCE, SO AS TO INCREASE FROM FIFTEEN TO
TWENTY YEARS THE MANDATORY MAXIMUM PENALTY WHICH MUST BE IMPOSED FOR A CONVICTION FOR
FELONY DUI WHERE GREAT BODILY INJURY RESULTS, THEREBY UPGRADING THIS OFFENSE FROM A CLASS
D TO A CLASS C FELONY.
Referred to the Committee on Judiciary.
S.
165 (Word version) --
Senator Courtney: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE FOR THE OFFENSE
OF GROSS INTOXICATION; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO THE PENALTY FOR
DRIVING WHILE INTOXICATED, SO AS TO PROVIDE FOR ENHANCED PENALTIES FOR A PERSON WHO HAS
MORE THAN TWENTY ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN HIS BLOOD; TO AMEND
SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH,
BLOOD, AND URINE, SO AS TO PROVIDE THAT IT MAY BE INFERRED THAT A PERSON WHO HAS MORE THAN
TWENTY ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN HIS BLOOD IS GROSSLY
INTOXICATED; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE DRIVER'S LICENSE
SUSPENSION PERIOD FOR A PERSON CONVICTED OF DRIVING WHILE INTOXICATED, SO AS TO PROVIDE
FOR ENHANCED PENALTIES FOR A PERSON WHO IS GUILTY OF GROSS INTOXICATION; AND TO AMEND
SECTION 56-1-1320, AS AMENDED, RELATING TO PROVISIONAL DRIVER'S LICENSES, SO AS TO PROVIDE
THAT A PERSON WHO IS CONVICTED OF DRIVING WHILE INTOXICATED AND AT THE TIME OF THE OFFENSE
HAD TWENTY ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN HIS BLOOD MAY NOT
RECEIVE A PROVISIONAL DRIVER'S LICENSE.
Referred to the Committee on Judiciary.
S.
256 (Word version) --
Senators Leatherman, Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING SECTION 56-1-45 SO AS TO PROHIBIT THE ISSUANCE OF A DRIVER'S LICENSE TO A PERSON
SEVENTEEN YEARS OF AGE OR UNDER WHO IS NOT A HIGH SCHOOL GRADUATE OR DOES NOT HAVE A
G.E.D. CERTIFICATE OR WHO DOES NOT PROVIDE DOCUMENTATION THAT HE IS PROPERLY ENROLLED IN
SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO PROVIDE THAT A PERSON OVER
SEVENTEEN YEARS OF AGE BUT NOT OVER EIGHTEEN YEARS OF AGE APPLYING FOR A DRIVER'S LICENSE
SHALL PROVIDE THE DEPARTMENT EVIDENCE OF EITHER GRADUATION FROM HIGH SCHOOL, OR HIS G.E.D.
CERTIFICATE OR EVIDENCE THAT HE IS ENROLLED IN A PUBLIC OR PRIVATE SCHOOL, TO REQUIRE A
SCHOOL'S ATTENDANCE SUPERVISOR OR HIS DESIGNEE TO PROVIDE ENROLLMENT STATUS DOCUMENTATION
TO PERSONS AT LEAST FIFTEEN YEARS OF AGE ON A FORM PRESCRIBED BY THE STATE DEPARTMENT OF
EDUCATION IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION, TO REQUIRE A SCHOOL'S
ATTENDANCE SUPERVISOR TO NOTIFY THE DEPARTMENT OF TRANSPORTATION OF A PERSON WHO WITHDRAWS
FROM SCHOOL AND REQUIRE THE DEPARTMENT TO SUSPEND THE LICENSE OF THE PERSON UPON TEN DAYS'
WRITTEN NOTICE, TO PROVIDE THE METHOD FOR A PERSON WHOSE LICENSE IS SUSPENDED TO HAVE THE
LICENSE REINSTATED, TO DEFINE WITHDRAWAL FROM SCHOOL, TO PROVIDE FOR A PERSONAL OR FAMILY
HARDSHIP WAIVER, AND TO PROVIDE THAT A SR-22 DOES NOT HAVE TO BE FILED FOLLOWING
REINSTATEMENT OF A DRIVER'S LICENSE SUSPENDED PURSUANT TO THIS SECTION.
Referred to the Committee on Judiciary.
S.
288 (Word version) --
Senator Martin: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE FELONY DRIVING UNDER THE INFLUENCE AS A
VIOLENT CRIME.
Referred to the Committee on Judiciary.
S.
289 (Word version) --
Senators Holland, Elliott: A BILL TO AMEND SECTION 56-10-270, AS AMENDED, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE, SO AS TO PERMIT A
PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED
DRIVER'S LICENSE; TO AMEND SECTION 56-10-260, AS AMENDED, RELATING TO A FALSE CERTIFICATE
OR FALSE EVIDENCE OF INSURANCE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED
PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-1-170,
RELATING TO THE PENALTIES FOR VIOLATION OF A DRIVER'S LICENSE RESTRICTION IMPOSED DUE TO
THE DRIVER'S LIMITED ABILITY, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT
TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-1-740, AS
AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR NON-RESIDENT'S PRIVILEGE TO
DRIVE AFTER AN ACCUMULATION OF EXCESSIVE POINTS, SO AS TO PERMIT A PERSON WHOSE LICENSE IS
SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION
56-9-430, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PRIVILEGE AND REGISTRATION
FOR THE NONPAYMENT OF A JUDGMENT, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED
PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-1-320,
AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A RESIDENT'S LICENSE OR
NONRESIDENT'S DRIVING PRIVILEGE UPON CONVICTION IN ANOTHER STATE, SO AS TO PERMIT A PERSON
WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE
IF PERMITTED BY THE APPLICABLE LAW IN SOUTH CAROLINA; TO AMEND SECTION 56-5-2910, AS
AMENDED, RELATING TO THE PENALTIES FOR RECKLESS HOMICIDE, SO AS TO PERMIT A PERSON WHOSE
LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE.
Referred to the Committee on Transportation.
BACK TO TOP
DRUG OFFENSES AND PENALTIES
H.
3032 (Word version) --
Rep. Kelley: A BILL TO AMEND SECTION 44-53-391, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE UNLAWFUL ADVERTISEMENT FOR SALE, MANUFACTURE, POSSESSION, SALE, OR
DELIVERY OF DRUG PARAPHERNALIA, SO AS TO REVISE THE PENALTIES.
Referred to Committee on Judiciary
H.
3073 (Word version) --
Rep. Kirsh: A BILL TO AMEND SECTION 44-53-391, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE UNLAWFUL ADVERTISEMENT FOR SALE, MANUFACTURE, POSSESSION, SALE, DELIVERY,
OR POSSESSION WITH INTENT TO DELIVER OR SELL DRUG PARAPHERNALIA, SO AS TO REVISE THE
PENALTY MAKING IT A FELONY, AND TO DELETE PROVISIONS WHICH STIPULATE THAT IMPOSITION OF
FINES FOR A VIOLATION OF THE ABOVE PROHIBITION DO NOT GIVE RISE TO ANY DISABILITY OR LEGAL
DISADVANTAGE BASED ON SUCH CONVICTION.
Referred to Committee on Judiciary
H.
3153 (Word version) --
Reps. Wilkins, Jennings, Rodgers, Harrison, Cotty, Wilder, Law, Harris, Chellis, Fleming,
D. Smith, Simrill, J. Brown, Cato, R. Smith, Woodrum, Allison, Littlejohn, Sandifer, Lee,
Keegan, Barrett, Harvin, Lucas, Young-Brickell, Emory, Rhoad, Harrell and Meacham: A BILL
TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURE,
BY ADDING CHAPTER 26 SO AS TO ENACT THE "DRUG TREATMENT COURT ACT" INCLUDING
PROVISIONS TO ESTABLISH THE OFFICE OF A STATE DRUG TREATMENT COURT DIRECTOR AND ADVISORY
COMMITTEE, TO PROVIDE THAT THE DIRECTOR OF THE SENTENCING GUIDELINES COMMISSION IS THE
DIRECTOR OF THIS OFFICE, TO PROVIDE FOR THE ESTABLISHMENT OF A DRUG TREATMENT COURT
PROGRAM FUND, AND TO PROVIDE FOR THE ESTABLISHMENT OF LOCAL DRUG TREATMENT COURT
MANAGEMENT COMMITTEES.
Referred to committee on Judiciary
H.
3175 (Word version) --
Rep. Davenport: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO PROHIBITED ACTS AND PENALTIES IN CONNECTION WITH POISONS,
DRUGS, AND OTHER CONTROLLED SUBSTANCES, SO AS TO REMOVE COCAINE FROM THE PENALTY AND PRIMA
FACIE EVIDENCE PROVISIONS OF SECTION 44-53-370 AS THEY RELATE TO THE OFFENSES OF UNLAWFUL
POSSESSION OF COCAINE, AND POSSESSION OF COCAINE WITH INTENT TO DISTRIBUTE; AND TO AMEND
SECTION 44-53-375, AS AMENDED, RELATING TO PROHIBITED ACTS AND PENALTIES IN CONNECTION
WITH POSSESSION, DISTRIBUTION, AND MANUFACTURE OF ICE, CRANK, AND CRACK COCAINE, SO AS TO
EQUALIZE THE PENALTIES FOR UNLAWFUL POSSESSION OF COCAINE AND CRACK COCAINE AND THE
PENALTIES FOR POSSESSION OF COCAINE AND CRACK COCAINE WITH INTENT TO DISTRIBUTE BY
INCLUDING COCAINE IN THE PENALTY AND PRIMA FACIE EVIDENCE PROVISIONS OF SECTION 44-53-375.
Referred to committee on Judiciary
S.
102 (Word version) --
Senators Passailaigue, Hayes, Leventis, Elliott, Ryberg, Giese, Wilson: A BILL TO AMEND
TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NARCOTICS AND CONTROLLED
SUBSTANCES, SO AS TO ADD CHAPTER 54 CREATING THE "SOUTH CAROLINA DRUG DEALER
LIABILITY ACT" WHICH PROVIDES A CIVIL REMEDY FOR DAMAGES FOR MONETARY, NON-ECONOMIC,
AND PHYSICAL LOSSES TO PERSONS AND COMMUNITIES INCURRED AS A RESULT OF AN INDIVIDUAL'S USE
OF ILLEGAL CONTROLLED SUBSTANCES.
Referred to the Committee on Judiciary.
S.
186 (Word version) --
Senators Holland, Elliott: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO CRIMINAL PROCEDURE, BY ADDING CHAPTER 26 SO AS TO ENACT THE "DRUG
TREATMENT COURT ACT" INCLUDING PROVISIONS TO ESTABLISH THE OFFICE OF A STATE DRUG
TREATMENT COURT DIRECTOR AND ADVISORY COMMITTEE, TO PROVIDE FOR THE ESTABLISHMENT OF A
DRUG TREATMENT COURT PROGRAM FUND, AND TO PROVIDE FOR THE ESTABLISHMENT OF LOCAL DRUG
TREATMENT COURT MANAGEMENT COMMITTEES.
Referred to the Committee on Judiciary.
S.
212 (Word version) --
Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 59-19-345 SO AS TO AUTHORIZE EACH SCHOOL DISTRICT TO ESTABLISH A VOLUNTARY DRUG
TESTING PROGRAM FOR STUDENTS IN GRADES SIX THROUGH TWELVE WHEREBY SUCH STUDENTS, WITH THE
CONSENT OF THEIR PARENTS OR LEGAL GUARDIANS, MAY BE TESTED FOR DRUGS, TO PROVIDE THAT THE
RESULTS OF THE TESTS, IF POSITIVE, SHALL BE COMMUNICATED TO THE CHILD AND HIS PARENTS OR
GUARDIAN, BUT SHALL NOT BE REPORTED TO LAW ENFORCEMENT AUTHORITIES OR COURT OFFICIALS, AND
NO LEGAL, JUDICIAL, OR SCHOOL DISCIPLINARY ACTION MAY BE TAKEN AGAINST THE CHILD, AND TO
PROVIDE THAT THE DISTRICT SHALL OFFER AN IN-SCHOOL COUNSELING PROGRAM FOR CHILDREN WHOSE
TEST RESULTS ARE POSITIVE OR REFERRAL INFORMATION FOR THE PURPOSE OF OBTAINING NONSCHOOL
COUNSELING.
Referred to the Committee on Education.
S.
270 (Word version) --
Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 56-5-75 SO AS TO PROVIDE FOR THE ISSUANCE AND COST OF A DISTINGUISHING DECAL TO
INDICATE THAT THE PERSON IN CONTROL OF A MOTOR VEHICLE CONSENTS TO ITS SEARCH FOR ILLEGAL
DRUGS AND PROVIDE FOR THE SEARCH.
Referred to the Committee on Judiciary.
S.
277 (Word version) --
Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 16-3-1080 SO AS TO PROVIDE THAT SELLING OR PURCHASING URINE WITH THE INTENT TO
DEFRAUD A DRUG SCREENING TEST IS A FELONY, AND TO PROVIDE A PENALTY.
Referred to the Committee on Judiciary.
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LAW ENFORCEMENT AND PUBLIC SAFETY
H.
3120 (Word version) --
Rep. Sandifer: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO PERSONS REQUIRED TO BE INCLUDED IN THE STATE DNA DATABASE, SO AS TO INCLUDE
PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR HOMICIDE OR ASSAULT AND BATTERY COMMITTED
AGAINST A CHILD BY A PERSON SIXTEEN YEARS OF AGE OR OLDER.
Referred to Committee on Judiciary
H.
3209 (Word version) --
Reps. Fleming and Knotts: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING ARTICLE 9 SO AS TO
PROVIDE FOR THE SOUTH CAROLINA CRIMINAL GANG ACT WHICH PROHIBITS CERTAIN CONDUCT WITH
REGARD TO CRIMINAL GANG ACTIVITY, TO PROVIDE PENALTIES FOR VIOLATIONS OF THESE PROVISIONS,
TO PROVIDE FOR THE SEIZURE AND FORFEITURE OF REAL OR PERSONAL PROPERTY USED IN FURTHERANCE
OF GANG CRIME, AND TO PROVIDE, UNDER CERTAIN CIRCUMSTANCES, FOR PARENTAL LIABILITY FOR
PAYMENT TO THE STATE FOR THE COSTS OF CARE OF A MINOR ADJUDICATED DELINQUENT UNDER THESE
PROVISIONS; AND TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO THE JURISDICTION OF
THE STATE GRAND JURY, SO AS TO ADD MULTI-COUNTY ACTIVITY OF CRIMINAL GANGS TO THAT
JURISDICTION. Document Name L:\COUNCIL\BILLS\PT\1147SOM99.DOC
Referred to committee on Judiciary
S.
214 (Word version) --
Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 20-7-8525 SO AS TO AUTHORIZE LAW ENFORCEMENT AGENCIES AND OTHER STATE OFFICIALS
AND ENTITIES TO SHARE INFORMATION AND CRIMINAL INTELLIGENCE FILES WITH OTHER LAW
ENFORCEMENT AGENCIES AND TO PROVIDE THAT SUCH INFORMATION IS NOT ACCESSIBLE TO THE PUBLIC;
TO AMEND SECTION 20-7-8510, AS AMENDED, RELATING TO DISCLOSURE OF JUVENILE CRIMINAL
RECORDS, SO AS TO PROVIDE THAT A JUVENILE UNDER CRIMINAL INVESTIGATION FOR CERTAIN CRIMES
MAY BE FINGERPRINTED WITHOUT AN ORDER OF A FAMILY COURT JUDGE AND THAT A JUVENILE UNDER
INVESTIGATION FOR OTHER CRIMES MAY ALSO BE FINGERPRINTED WITHOUT AN ORDER OF A FAMILY
COURT JUDGE IF THE JUVENILE IS A SUSPECT IN AN INVESTIGATION FOR ONE OF THE CERTAIN
CRIMES; TO ONLY PROHIBIT TRANSMISSION OF JUVENILE FINGERPRINT RECORDS TO THE FEDERAL
BUREAU OF INVESTIGATION RATHER THAN PROHIBITING TRANSMISSION TO OTHER LAW ENFORCEMENT
AGENCIES; TO DELETE PROVISIONS REQUIRING THE DESTRUCTION OF CERTAIN JUVENILE FINGERPRINT
RECORDS; AND TO REMOVE THE REQUIREMENT THAT PEACE OFFICERS' RECORDS OF CHILDREN MAY ONLY
BE OPEN TO INSPECTION BY GOVERNMENTAL AGENCIES IF AUTHORIZED BY A JUDGE.
Referred to the Committee on Judiciary.
BACK TO TOP
PRISONS AND CORRECTIONS
S. 85
(Word version) -- Senators
Thomas, Giese: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO WITNESSES PERMITTED TO VIEW AN EXECUTION, SO AS TO PROVIDE
THAT A CONVICT MAY SUBSTITUTE ONE PERSON FOR EITHER HIS COUNSEL OR A MINISTER OF THE
GOSPEL, OR TWO PERSONS FOR BOTH HIS COUNSEL AND A MINISTER OF THE GOSPEL.
Referred to the Committee on Corrections and Penology.
S. 91
(Word version) -- Senators
Thomas, Giese, Wilson: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO CORRECTIONS, JAILS, PROBATIONS, PAROLES, AND PARDONS, BY ADDING CHAPTER 10 SO
AS TO PERMIT THE USE OF TEMPORARY HOUSING TO HOUSE INMATES INCARCERATED IN THE STATE
PRISON SYSTEM AND IN COUNTY JAILS, AND TO PROVIDE FOR INSPECTIONS OF TEMPORARY HOUSING
FACILITIES; AND TO REPEAL CHAPTER 9, TITLE 24, RELATING TO THE JAIL AND PRISON INSPECTION
PROGRAM.
Referred to the Committee on Corrections and Penology.
S.
111 (Word version) --
Senators Thomas, Elliott, Ryberg, Wilson: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO INMATES AND CORRECTIONS, BY ADDING CHAPTER 29 SO AS TO
AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO CONTRACT WITH A PRIVATE VENDOR FOR THE
FINANCING, CONSTRUCTION, MANAGEMENT OR OPERATION OF A STATE CORRECTIONAL FACILITY, TO
PROVIDE THE TERMS, CONDITIONS, AND PROCEDURES UNDER WHICH THIS AUTHORITY IS GRANTED, AND
TO AUTHORIZE THE DEPARTMENT TO ALSO ENTER INTO LEASE-PURCHASE OR INSTALLMENT CONTRACTS
WITH PRIVATE VENDORS TO ACQUIRE A STATE CORRECTIONAL FACILITY.
Referred to the Committee on Corrections and Penology.
S.
138 (Word version) --
Senator Thomas: A BILL TO AMEND SECTION 24-13-210, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO CREDIT GIVEN CONVICTS FOR GOOD BEHAVIOR SO AS TO PROVIDE THAT
A PRISONER SERVING TIME IN AN ADMINISTRATIVE SEGREGATION UNIT OF AN INSTITUTION OR IN THE
MAXIMUM SECURITY UNIT OF THE DEPARTMENT AS A RESULT OF HIS OWN MISCONDUCT, AND A PRISONER
WHO COMMITS AN OFFENSE OR IS FOUND GUILTY OF SERIOUS OR REPETITIVE RULE VIOLATIONS OF THE
INSTITUTION, IS NOT ENTITLED TO CREDIT UNDER THIS SECTION; TO AMEND SECTION 24-19-30, AS
AMENDED, RELATING TO THE DUTIES OF THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF
CORRECTIONS SO AS TO REQUIRE THAT THE DIVISION REFER TO THE SOUTH CAROLINA BOARD OF
PROBATION, PAROLE, AND PARDON SERVICES THE NAMES OF COMMITTED YOUTHFUL OFFENDERS FOR
CONDITIONAL RELEASE AND UNCONDITIONAL DISCHARGE; TO AMEND SECTION 24-19-50, AS AMENDED,
RELATING TO THE POWERS OF COURTS UPON CONVICTION OF YOUTHFUL OFFENDERS SO AS TO SUBSTITUTE
THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE, AND PARDON SERVICES IN PLACE OF THE
YOUTHFUL OFFENDER DIVISION AS THE DISCHARGE AUTHORITY FOR YOUTHFUL OFFENDERS UNDER AGE
TWENTY-ONE SENTENCED INDEFINITELY TO THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF
CORRECTIONS; TO AMEND SECTION 24-19-90, AS AMENDED, RELATING TO OPTIONS OF THE DIRECTOR OF
THE RECEPTION AND EVALUATION CENTER, SO AS TO PROVIDE THAT THE DIRECTOR MAY RECOMMEND TO
THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS THAT A COMMITTED YOUTHFUL
OFFENDER BE REFERRED TO THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE, AND PARDON SERVICES
FOR CONDITIONAL RELEASE UNDER SUPERVISION; TO AMEND SECTION 24-19-110, AS AMENDED,
RELATING TO THE PROCEDURE FOR CONDITIONAL RELEASE OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE
THAT THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS MAY, AFTER REASONABLE
NOTICE TO THE DIRECTOR, REFER TO THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE, AND PARDON
SERVICES THE NAME OF A COMMITTED YOUTHFUL OFFENDER FOR CONDITIONAL RELEASE UNDER
SUPERVISION, THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES RATHER THAN THE
YOUTHFUL OFFENDER DIVISION MAY ASSESS REASONABLE FEES TO BE PAID BY YOUTHFUL OFFENDERS TO
OFFSET COSTS OF SUPERVISION, AND THAT THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES
RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY DISCHARGE A COMMITTED YOUTHFUL OFFENDER
UNCONDITIONALLY AT THE EXPIRATION OF ONE YEAR FROM THE DATE OF CONDITIONAL RELEASE; TO
AMEND SECTION 24-19-130, RELATING TO REVOCATION OR MODIFICATION OF ORDERS OF THE YOUTHFUL
OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS, SO AS TO PROVIDE THAT THE SOUTH
CAROLINA BOARD OF PROBATION, PAROLE, AND PARDON SERVICES RATHER THAN THE YOUTHFUL OFFENDER
DIVISION MAY REVOKE OR MODIFY PREVIOUS ORDERS ABOUT YOUTHFUL OFFENDERS; TO AMEND SECTION
24-19-140, RELATING TO SUPERVISORY AGENTS OF YOUTHFUL OFFENDERS PERMITTED TO REMAIN AT
LIBERTY OR CONDITIONALLY RELEASED, SO AS TO SUBSTITUTE THE DEPARTMENT OF PROBATION,
PAROLE, AND PARDON SERVICES FOR THE YOUTHFUL OFFENDER DIVISION AS THE APPOINTING AND
REGULATING AUTHORITY FOR SUPERVISOR AGENTS AND REGULATIONS; TO AMEND SECTION 24-19-150,
RELATING TO TREATMENT AND RETURN TO CUSTODY OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT
IF, BEFORE THE UNCONDITIONAL DISCHARGE OF A CONDITIONALLY RELEASED YOUTHFUL OFFENDER, THE
SOUTH CAROLINA BOARD OF PROBATION, PAROLE, AND PARDON SERVICES IS OF THE OPINION THAT A
YOUTHFUL OFFENDER WILL BE BENEFITED BY FURTHER TREATMENT, THE BOARD RATHER THAN THE
YOUTHFUL OFFENDER DIVISION MAY DIRECT HIS RETURN TO CUSTODY AND MAY REVOKE THE ORDER OF
CONDITIONAL RELEASE; AND TO AMEND SECTION 24-21-560, RELATING TO COMMUNITY SUPERVISION
PROGRAMS AND REQUIREMENTS OF NOTIFICATION OF RELEASE OF PRISONERS TO COMMUNITY SUPERVISION
PROGRAMS, SO AS TO PROVIDE THAT VICTIMS REGISTERED PURSUANT TO SECTION 16-3-1530, THE
VICTIMS AND WITNESSES BILL OF RIGHTS, AND THE SHERIFF'S OFFICE IN THE COUNTY WHERE A
PRISONER SENTENCED FOR A "NO PAROLE OFFENSE" IS TO BE RELEASED MUST BE NOTIFIED
BY THE DEPARTMENT OF CORRECTIONS RATHER THAN THE DEPARTMENT OF PROBATION, PAROLE, AND
PARDON SERVICES, AND TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON
SERVICES MUST NOTIFY THE REGISTERED VICTIM UPON THE REVOCATION OR COMPLETION OF A
COMMUNITY SUPERVISION PROGRAM.
Referred to the Committee on Corrections and Penology.
S.
205 (Word version) --
Senators Thomas, Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING SECTION 24-3-23 SO AS TO ENACT THE "PRISONERS' WORK AND OVERCROWDING ACT OF
1999" INCLUDING PROVISIONS TO REQUIRE CERTAIN PRISONERS INCARCERATED IN THE STATE
PRISON SYSTEM AND IN COUNTY JAILS TO WORK FOR AT LEAST FORTY HOURS EACH WEEK, TO LIMIT THE
TYPES OF TELEVISION SHOWS VIEWED BY PRISONERS, AND TO REQUIRE CERTAIN PRISONERS BE
ASSIGNED TO CHAIN GANGS; AND TO AMEND TITLE 24, RELATING TO CORRECTIONS AND JAILS, BY
ADDING CHAPTER 4 SO AS TO ESTABLISH A PROCEDURE THAT REQUIRES PRISONERS IN THE STATE
PRISON SYSTEM TO PAY PART OF THE COST OF THEIR INCARCERATION.
Referred to the Committee on Corrections and Penology.
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SCHOOLS AND EDUCATION
S. 50
(Word version) -- Senators
Giese, Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 20-7-615 SO AS TO PROVIDE FOR REPORTS OF CRIMINAL OFFENSES ALLEGED TO HAVE BEEN
COMMITTED AGAINST A CHILD BY A SCHOOL DISTRICT EMPLOYEE ON SCHOOL DISTRICT PROPERTY OR
DURING AN OFFICIAL SCHOOL ACTIVITY, TO PROVIDE FOR INVESTIGATION, PROSECUTION, AND
LIMITATION ON EMPLOYMENT, AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to the Committee on Judiciary.
S.
208 (Word version) --
Senator Wilson: A BILL TO AMEND SECTION 16-23-430, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO REVISE THE
EDUCATIONAL FACILITIES UPON WHICH A PERSON MAY NOT CARRY A WEAPON, AND TO DELETE
"FIREARMS" FROM THE LIST OF WEAPONS A PERSON MAY NOT CARRY UPON AN EDUCATIONAL
FACILITY'S PROPERTY.
Referred to the Committee on Judiciary.
S.
209 (Word version) --
Senator Wilson: A BILL TO AMEND SECTION 16-23-430 AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE OFFENSE OF CARRYING A KNIFE ONTO SCHOOL PREMISES, SO AS TO
PROHIBIT A PERSON FROM CARRYING A KNIFE OR ANY OTHER TYPE OF WEAPON USED TO INFLICT BODILY
INJURY OR DEATH ONTO ANY PREMISES OR PROPERTY OWNED, OPERATED, OR CONTROLLED BY A PRIVATE
OR PUBLIC ELEMENTARY OR SECONDARY SCHOOL, COLLEGE, UNIVERSITY, TECHNICAL COLLEGE, OR OTHER
POST-SECONDARY INSTITUTION.
Referred to the Committee on Judiciary.
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WEAPONS AND FIREARMS
H.
3079 (Word version) --
Rep. Sharpe: A BILL TO AMEND SECTION 23-31-320, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE USE AND POSSESSION OF MACHINE GUNS AND MILITARY FIREARMS,
SO AS TO PROVIDE THAT THE PROVISIONS WITH CERTAIN EXCEPTIONS RESTRICTING THE USE AND
POSSESSION OF MACHINE GUNS AND MILITARY FIREARMS ALSO NOT APPLY TO ANY DEALER OR PERSON
LICENSED OR HOLDING A VALID PERMIT ISSUED PURSUANT TO FEDERAL LAW IF THE POSSESSION,
TRANSPORTATION OR SHIPMENT IS NOT PROHIBITED BY FEDERAL LAW.
Referred to Committee on Judiciary
H.
3128 (Word version) --
Rep. Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
16-23-435 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISCHARGE A FIREARM WITHIN A RADIUS OF
ONE-HALF MILE OF A SCHOOL UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary
H.
3137 (Word version) --
Rep. Fleming: A BILL TO AMEND SECTION 16-23-430, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE OFFENSE OF CARRYING A WEAPON ONTO SCHOOL PROPERTY, SO AS
TO INCLUDE THE PROPERTY OF A PRIVATE ELEMENTARY OR SECONDARY SCHOOL AND A POST-SECONDARY
INSTITUTION.7
Referred to Committee on Judiciary
H.
3196 (Word version) --
Rep. J. Brown: A BILL TO AMEND CHAPTER 31, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO FIREARMS, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT A FIREARM RETAILER SHALL
PERFORM A BALLISTICS TEST ON A FIREARM HE SELLS BEFORE IT IS DELIVERED TO THE PURCHASER
AND SUBMIT TO THE STATE LAW ENFORCEMENT DIVISION CERTAIN INFORMATION REGARDING THE TEST,
TO PROVIDE THAT A FIREARM OWNER MUST NOTIFY THE STATE LAW ENFORCEMENT DIVISION ONCE HE
LOSES POSSESSION OF A FIREARM, AND TO PROVIDE PENALTIES FOR FAILURE TO COMPLY WITH THESE
PROVISIONS.
Referred to committee on Judiciary
S. 43
(Word version) -- Senator
Jackson: A BILL TO AMEND TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
CRIMES AND OFFENSES, BY ADDING CHAPTER 24, THE "CHILDREN'S FIREARM ACCIDENT
PREVENTION ACT OF 1999."
Referred to the Committee on Judiciary.
S. 67
(Word version) -- Senators
Hayes, Wilson: A BILL TO AMEND SECTION 16-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO DEFINITIONS PERTAINING TO OFFENSES INVOLVING WEAPONS, SO AS TO REVISE THE
DEFINITION FOR THE TERM "CRIME OF VIOLENCE" TO INCLUDE THE OFFENSES OF
DISTRIBUTION OF NARCOTIC DRUGS AND TRAFFICKING OF NARCOTIC DRUGS.
Referred to the Committee on Judiciary.
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