Current Status Bill Number:
95Ratification Number: 497Act Number: 441Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19950110Primary Sponsor: McConnellAll Sponsors: McConnell, Courson, Rose, O'Dell, GregoryDrafted Document Number: RES9657.GFM (DKA\3472CM.95)Date Bill Passed both Bodies: 19960530Date of Last Amendment: 19960528Governor's Action: SDate of Governor's Action: 19960618Subject: Violent offender, work release program
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19960709 Act No. A441 ------ 19960618 Signed by Governor ------ 19960613 Ratified R497 Senate 19960530 Concurred in House amendment, enrolled for ratification House 19960528 Amended, read third time, returned to Senate with amendment House 19960523 Amended, read second time House 19960521 Objection by Representative Scott L. Whipper S. Whipper Breeland Anderson Tucker Fleming White Limbaugh Davenport Cain Sandifer J. Hines House 19960521 Reconsidered vote whereby read second time House 19960521 Amended, read second time House 19960515 Committee report: Favorable with 25 HJ amendment House 19960201 Introduced, read first time, 25 HJ referred to Committee Senate 19960131 Amended, read third time, sent to House Senate 19960125 Amended, read second time, ordered to third reading with notice of general amendments Senate 19950314 Committee report: majority 03 SCP favorable, with amendment, minority unfavorable Senate 19950110 Introduced, read first time, 03 SCP referred to Committee Senate 19941003 Prefiled, referred to Committee 03 SCPView additional legislative information at the LPITS web site.
(A441, R497, S95)
AN ACT TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF ROBBERY AND ATTEMPTED ROBBERY WHILE ARMED WITH A DEADLY WEAPON, SO AS TO INCLUDE ALLEGING BEING ARMED AND REASONABLY BELIEVING THE PERSON TO BE ARMED AND TO DELETE PROVISIONS RELATING TO THE SENTENCING OF A YOUTHFUL OFFENDER GUILTY OF THESE CRIMES; TO AMEND SECTIONS 20-7-2170 AND 20-7-2195, BOTH AS AMENDED, BOTH RELATING TO THE TRANSFER OF JUVENILES TO THE YOUTHFUL OFFENDER DIVISION, SO AS TO PROVIDE THAT THE BOARD OF JUVENILE PAROLE RATHER THAN THE DEPARTMENT OF CORRECTIONS HAS AUTHORITY FOR RELEASE OF SUCH JUVENILES; TO AMEND SECTION 24-19-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE YOUTHFUL OFFENDER ACT, SO AS TO REVISE THE DEFINITION OF "YOUTHFUL OFFENDER" TO EXCLUDE PERSONS COMMITTING VIOLENT CRIMES AND CLASS A, B, C, AND D FELONIES; TO AMEND SECTION 24-19-50, RELATING TO DISPOSITIONAL POWERS OF THE COURT UPON CONVICTION OF A YOUTHFUL OFFENDER, SO AS TO CLARIFY THAT A PERSON ONLY MAY BE SENTENCED ONCE AS A YOUTHFUL OFFENDER; AND TO REPEAL SECTION 24-13-610 RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SECTION 24-13-620 RELATING TO REQUIREMENTS TO PARTICIPATE IN THE EXTENDED WORK RELEASE PROGRAM, AND SECTION 24-13-630 RELATING TO DUTIES OF THE DEPARTMENT OF CORRECTIONS REGARDING THE EXTENDED WORK RELEASE PROGRAM.
Be it enacted by the General Assembly of the State of South Carolina:
Elements of armed robbery and attempted armed robbery
SECTION 1. Section 16-11-330 of the 1976 Code, as amended by Act 7 of 1995, is further amended to read:
"Section 16-11-330. (A) A person who commits robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the robbery reasonably believed to be a deadly weapon, is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum term of not less than ten years or more than thirty years, no part of which may be suspended or probation granted. A person convicted under this subsection is not eligible for parole until the person has served at least seven years of the sentence.
(B) A person who commits attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the robbery reasonably believed to be a deadly weapon, is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years."
Transfer of juvenile to Youthful Offender Division
SECTION 2. Section 20-7-2170(E) of the 1976 Code, as amended by Act 83 of 1995, is further amended to read:
"(E) A juvenile committed to the Department of Juvenile Justice following an adjudication for a violent offense contained in Section 16-1-60 or for the offense of assault and battery of a high and aggravated nature, who has not been paroled or released from the custody of the department by his seventeenth birthday, must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. A juvenile who has not been paroled or released from the custody of the department by his nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections at age nineteen. If not released sooner by the Board of Juvenile Parole, a juvenile transferred pursuant to this subsection must be released by his twenty-first birthday according to the provisions of his commitment.
(F) Notwithstanding the above provision, a juvenile committed as an adult offender by order of the court of general sessions must be considered for parole or other release according to the laws pertaining to release of adult offenders."
Transfer of juvenile to Youthful Offender Division
SECTION 3. Section 20-7-2195 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 20-7-2195. (A) The Department of Juvenile Justice, when authorized by an order of a circuit judge, after notice to the Department of Corrections, temporarily shall transfer to the custody of the Youthful Offender Division a child who has been committed to the custody of the department who is more than seventeen years of age and whose presence in the custody of the Department of Juvenile Justice appears to be seriously detrimental to the welfare of others in custody. The Director of the Department of Corrections shall receive these children and properly care for them. Each child transferred to the Youthful Offender Division is subject to all the rules and discipline of the division. Children transferred to the Youthful Offender Division pursuant to this section are under the authority of the division but are subject to release by the Board of Juvenile Parole.
(B) The Youthful Offender Division at least quarterly shall make recommendations to the parole board concerning possible release of each child transferred to the department or the child's return to institutions of the Department of Juvenile Justice."
SECTION 4. Section 24-19-10(d) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"(d) `Youthful offender' means an offender who is:
(i) under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-430 for allegedly committing an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class E or F felony, as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of less than fifteen years, or
(ii) who is seventeen but less than twenty-five years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class E or F felony, or a felony which provides for a maximum term of imprisonment of fifteen years or less."
Court disposition upon conviction of youthful offender
SECTION 5. Section 24-19-50 of the 1976 Code is amended to read:
"Section 24-19-50. In the event of a conviction of a youthful offender the court may:
(1) suspend the sentence and place the youthful offender on probation;
(2) release the youthful offender to the custody of the division before sentencing for an observation and evaluation period of not more than sixty days. The observation and evaluation must be conducted by the Reception and Evaluation Center operating under joint agreement between the Department of Vocational Rehabilitation and the Department of Corrections and the findings and recommendations for sentencing must be returned with the youthful offender to the court for sentencing;
(3) if the offender is under the age of twenty-one, without his consent, sentence the youthful offender indefinitely to the custody of the department for treatment and supervision pursuant to this chapter until discharged by the division, the period of custody not to exceed six years. If the offender is twenty-one years of age but less than twenty-five years of age, he may be sentenced in accordance with this item if he consents in writing;
(4) if the court finds that the youthful offender will not derive benefit from treatment, may sentence the youthful offender under any other applicable penalty provision. The youthful offender must be placed in the custody of the department;
(5) not sentence a youthful offender more than once under this chapter."
SECTION 6. Sections 24-13-610, 24-13-620, and 24-13-630 of the 1976 Code are repealed.
SECTION 7. This act takes effect upon approval by the Governor.
Approved the 18th day of June, 1996.