Bill 3517

                    Current Status

Bill Number:                    3517
Ratification Number:            328
Act Number:                     292
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19950207
Primary Sponsor:                Hodges 
All Sponsors:                   Hodges 
Drafted Document Number:        GJK\21330SD.95
Date Bill Passed both Bodies:   19960417
Date of Last Amendment:         19960404
Governor's Action:              S
Date of Governor's Action:      19960506
Subject:                        Court assessments and costs in
                                criminal cases

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960515  Act No. A292
------  19960506  Signed by Governor
------  19960430  Ratified R328
House   19960417  Concurred in Senate amendment, 
                  enrolled for ratification
House   19960411  Debate adjourned on Senate
                  amendment until Tuesday, 
                  19960416
Senate  19960404  Amended, read third time, 
                  returned to House with amendment
Senate  19960402  Amended, read second time
Senate  19960306  Committee report: Favorable with         11 SJ
                  amendment
Senate  19950228  Introduced, read first time,             11 SJ
                  referred to Committee
House   19950223  Read third time, sent to Senate
House   19950222  Amended, read second time
House   19950221  Debate adjourned until
                  Wednesday, 19950222
House   19950216  Debate adjourned until
                  Tuesday, 19950221
House   19950216  Amended
House   19950215  Debate adjourned until
                  Thursday, 19950216
House   19950214  Debate adjourned until
                  Wednesday, 19950215
House   19950209  Debate adjourned until
                  Tuesday, 19950214
House   19950207  Introduced, placed on Calendar
                  without reference

(A292, R328, H3517)

AN ACT TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE IMPOSITION OF CERTAIN CRIMINAL PENALTIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED FINE; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES.

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

Family court excluded

SECTION 1. Section 14-1-206(A) of the 1976 Code, as added by Section 36, Part II, Act 497 of 1994, is amended to read:

"(A) Beginning January 1, 1995, and continuously after that date, a person who is convicted, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in general sessions court must pay an amount equal to sixty-two percent of the fine imposed as an assessment. This assessment must be paid to the clerk of court in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended."

Family court excluded

SECTION 2. Section 14-1-209(A) of the 1976 Code, as added by Section 36, Part II, Act 497 of 1994, is amended to read:

"(A) If a payment for a fine and assessment levied in the circuit court is made in installments, the clerk of court must treat sixty-two percent of each installment as payment for a fine and distribute it pursuant to Section 14-1-205 and thirty-eight percent of each installment as payment for an assessment and distribute it pursuant to Section 14-1-206."

Penalties revised; distribution of fine

SECTION 3. Section 16-19-10 of the 1976 Code is amended to read:

"Section 16-19-10. Whoever shall publicly or privately erect, set up, or expose to be played or drawn at or shall cause or procure to be erected, set up, or exposed to be played, drawn, or thrown at any lottery under the denomination of sales of houses, lands, plate, jewels, goods, wares, merchandise, or other things whatsoever or for money or by any undertaking whatsoever, in the nature of a lottery, by way of chances, either by dice, lots, cards, balls, numbers, figures, or tickets or who shall make, write, print or publish, or cause to be made, written, or published any scheme or proposal for any of the purposes aforesaid is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars and imprisoned for one year. One-third of the fine imposed shall be paid to the person, if any, who informed law enforcement officials or other appropriate authorities about the violation which led to the conviction. Each violation constitutes a separate offense."

Transmittal of funds

SECTION 4. Section 17-15-260 of the 1976 Code, as added by Section 80A, Part II of Act 164 of 1993, is amended to read:

"Section 17-15-260. The funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the State, twenty-five percent to the solicitor's office in the county in which the forfeiture is ordered, and fifty percent to the county general fund of the county in which the forfeiture is ordered.

However, if the case in which forfeiture is ordered is originated by a municipality, the funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the State, twenty-five percent to the solicitor's office in the county in which the forfeiture is ordered, and twenty-five percent to the county general fund of the county in which the forfeiture is ordered and twenty-five percent to the municipality.

All funds to be deposited in the state general fund shall be transmitted to the State Treasurer."

Distribution of fine

SECTION 5. Section 23-31-190 of the 1976 Code, as amended by Act 184 of 1993, is further amended to read:

"Section 23-31-190. A person, including a dealer who violates the provisions of this article is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.

In addition to the penalty provided in this section the pistol involved in the violation must be confiscated. The pistol must be delivered to the chief of police of the municipality or to the sheriff of the county, if the violation occurred outside the corporate limits of a municipality. The law enforcement agencies that receive the confiscated pistols may use them within their department, transfer them to another law enforcement agency, or destroy them. Records must be kept of all confiscated pistols received by the law enforcement agencies under the provisions of this article."

Repeal

SECTION 6. Section 24-23-220 of the 1976 Code is repealed.

Time effective

SECTION 7. This act takes effect upon approval by the Governor.

Approved the 6th day of May, 1996.