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
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 CommitteeView additional legislative information at the LPITS web site.
(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.