South Carolina General Assembly
111th Session, 1995-1996

Bill 4847


                    Current Status

Bill Number:                    4847
Ratification Number:            397
Act Number:                     341
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19960328
Primary Sponsor:                Wilkins
All Sponsors:                   Wilkins and Harrison 
Drafted Document Number:        dka\3642cm.96
Companion Bill Number:          1307
Date Bill Passed both Bodies:   19960430
Governor's Action:              S
Date of Governor's Action:      19960520
Subject:                        Probation is form of clemency

History



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

------  19960606  Act No. A341
------  19960520  Signed by Governor
------  19960514  Ratified R397
Senate  19960430  Read third time, enrolled for
                  ratification
Senate  19960429  Read second time
Senate  19960424  Committee report: Favorable              11 SJ
Senate  19960423  Introduced, read first time,             11 SJ
                  referred to Committee
House   19960419  Read third time, sent to Senate
House   19960418  Unanimous consent for third
                  reading on the next Legislative day
House   19960418  Read second time
House   19960417  Committee report: Favorable              25 HJ
House   19960328  Introduced, read first time,             25 HJ
                  referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A341, R397, H4847)

AN ACT TO AMEND SECTION 24-21-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN COURTS' AUTHORITY TO GRANT A PROBATIONARY SENTENCE OR IMPOSE A FINE AND A PROBATIONARY SENTENCE FOR CERTAIN OFFENSES, SO AS TO PROVIDE THAT PROBATION IS A FORM OF CLEMENCY; AND TO AMEND SECTION 24-21-430, AS AMENDED, RELATING TO THE CONDITIONS OF PROBATION A COURT MAY IMPOSE, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL DEVELOP POLICIES AND PROCEDURES FOR IMPOSING CONDITIONS OF SUPERVISION ON PROBATIONERS.

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

Probation

SECTION 1. Section 24-21-410 of the 1976 Code is amended to read:

"Section 24-21-410. After conviction or plea for any offense, except a crime punishable by death or life imprisonment, the judge of a court of record with criminal jurisdiction at the time of sentence may suspend the imposition or the execution of a sentence and place the defendant on probation or may impose a fine and also place the defendant on probation. Probation is a form of clemency."

Supervision of probationers

SECTION 2. The first paragraph of Section 24-21-430 of the 1976 Code is amended to read:

"The court may impose by order duly entered and may at any time modify the conditions of probation and may include among them any of the following or any other condition not prohibited in this section. To effectively supervise probationers, the director shall develop policies and procedures for imposing conditions of supervision on probationers. These conditions may enhance but must not diminish court imposed conditions."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 20th day of May, 1996.