Current Status Introducing Body:House Bill Number:3181 Primary Sponsor:Jennings Committee Number:11 Type of Legislation:GB Subject:Juvenile cases, restitution Residing Body:Senate Current Committee:Judiciary Computer Document Number:436/12836AC.93 Introduced Date:19930119 Date of Last Amendment:19930211 Last History Body:Senate Last History Date:19930217 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Jennings Delleney Govan Baxley Tucker Elliott Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
3181 Senate 19930217 Introduced, read first time, 11
referred to Committee
3181 House 19930216 Read third time, sent to
Senate
3181 House 19930211 Amended, read second time
3181 House 19930209 Debate adjourned until
Wednesday, February 10, 1993
3181 House 19930203 Committee Report: Favorable 25
with amendment
3181 House 19930119 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
February 11, 1993
H. 3181
Introduced by REPS. Jennings, Delleney, Govan, Baxley, Tucker and Elliott
S. Printed 2/11/93--H.
Read the first time January 19, 1993.
TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF JUVENILE CASES, SO AS TO DELETE THE CAP ON THE AMOUNT OF RESTITUTION THAT A COURT MAY ORDER A JUVENILE TO PAY AND TO PROVIDE THAT THIS AMOUNT IS IN THE COURT'S DISCRETION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-1330(a) of the 1976 Code, as last amended by Act 615 of 1988, is further amended to read:
"(a) place the child on probation or under supervision in his the child's own home or in the custody of a suitable person elsewhere, upon conditions as the court may determine. A child placed on probation by the court remains under the authority of the court only until the expiration of the specified term of his probation. This specified term of probation may expire before but not after the eighteenth birthday of the child. Probation means casework services during a continuance of the case. Probation must not be ordered or administered as punishment, but as a measure for the protection, guidance, and well-being of the child and his the child's family. Probation methods must be directed to the discovery and correction of the basic causes of maladjustment and to the development of the child's personality and character, with the aid of the social resources of the community. The court may impose monetary restitution, or participation in supervised work or community service, or both, as a condition of probation. The Department of Youth Services, in coordination with local community agencies, shall develop and encourage employment of a constructive nature designed to make reparation and to promote the rehabilitation of the child. If the court imposes as a condition of probation a requirement that restitution in a specified amount be paid, the amount to be paid as restitution may not exceed five hundred dollars is within the court's discretion. When considering the appropriate amount of monetary restitution to be ordered, the court shall establish the monetary loss suffered by the victim and then weigh and consider this amount against the number of individuals involved in causing the monetary loss, the juvenile's particular role in causing this loss, and the juvenile's ability to pay the amount over a reasonable period of time. The Department of Youth Services shall develop a system for the transferring of a court ordered restitution from the juvenile to the victim or owner of property injured, destroyed, or stolen;".
SECTION 2. This act takes effect upon approval by the Governor.