Bill 4561

                    Current Status

Introducing Body:               House
Bill Number:                    4561
Primary Sponsor:                Hodges
Committee Number:               11
Type of Legislation:            GB
Subject:                        Post conviction relief
                                applications
Residing Body:                  Senate
Current Committee:              Judiciary
Computer Document Number:       DKA/3141AL.94
Introduced Date:                19940119
Date of Last Amendment:         19940406
Last History Body:              Senate
Last History Date:              19940412
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Hodges
Type of Legislation:            General Bill

Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

4561  Senate  19940412      Introduced, read first time,    11
                            referred to Committee
4561  House   19940407      Read third time, sent to
                            Senate
4561  House   19940406      Amended, read second time
4561  House   19940324      Recalled from Committee              25
4561  House   19940119      Introduced, read first time,    25
                            referred to Committee

AMENDED

April 6, 1994

H. 4561

S. Printed 4/6/94--H.

Read the first time January 19, 1994.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-27-45 SO AS TO PROVIDE FOR A STATUTE OF LIMITATIONS ON POST CONVICTION RELIEF APPLICATIONS AND TO PROVIDE FOR APPLICATIONS SEEKING RETROACTIVE APPLICATION OF JUDICIAL DECISIONS.

Amend Title To Conform

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

SECTION 1. The 1976 Code is amended by adding:

"Section 17-27-45. (A) An application for relief filed pursuant to this chapter must be filed within one year after the entry of judgment of conviction or within one year after the sending of the remittitur to the lower court from an appeal or the filing of the final decision upon an appeal.

(B) When a court whose decisions are binding upon the Supreme Court of this State or the Supreme Court of this State holds that the Constitution of the United States or the Constitution of South Carolina, or both, impose upon state criminal proceedings a substantive standard not previously recognized or a right not in existence at the time of the state court trial, and if, and only if, the standard or right is intended to be applied retroactively then an application under this chapter may be filed not later than one year after the date on which the standard or right was determined to exist.

(C) If the applicant contends that there is evidence of material facts, not previously presented and heard that requires vacation of the conviction or sentence, the application must be filed under this chapter within one year after the date of actual discovery of the facts by the applicant or after the date when the facts could have been ascertained by the exercise of reasonable diligence."

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