South Carolina General Assembly
108th Session, 1989-1990

Bill 102


                    Current Status

Bill Number:               102
Ratification Number:       169
Act Number                 110
Introducing Body:          Senate
Subject:                   Transfer of cases; time extended;
                           criminal sexual conduct
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A110, R169, S102)

AN ACT TO AMEND SECTION 20-7-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF COURT JURISDICTION OVER JUVENILES, SO AS TO CHANGE THE REFERENCE TO CRIMINAL SEXUAL ASSAULT TO CRIMINAL SEXUAL CONDUCT AND TO PROVIDE FOR A PETITION FOR TRANSFER FROM THE FAMILY COURT TO THE COURT OF GENERAL SESSIONS WITHIN THIRTY INSTEAD OF TWO DAYS AFTER A PETITION IS FILED IN THE FAMILY COURT IN MURDER AND CRIMINAL SEXUAL CONDUCT CASES.

Be it enacted by the General Assembly of the State of South Carolina:

Transfer of cases; time extended; criminal sexual conduct

SECTION 1. Section 20-7-430(6) of the 1976 Code is amended to read:

"(6) Within thirty days after the filing of a petition in the family court alleging the child has committed the offense of murder or criminal sexual conduct, the person executing the petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against the child as a criminal rather than as a child coming within the purview of this article. The judge of the family court is authorized to determine this request. If the request is denied, the petitioner may appeal within five days to the circuit court. Upon the hearing of the appeal, the judge of the circuit court is vested with the discretion of exercising and asserting the jurisdiction of the court of general sessions or of relinquishing jurisdiction to the family court. If the circuit judge elects to exercise the jurisdiction of the general sessions court for trial of the case, he shall issue an order to that effect, and then the family court has no further jurisdiction in the matter."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.