South Carolina General Assembly
112th Session, 1997-1998

Bill 4401


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       4401
Type of Legislation:               Joint Resolution JR
Introducing Body:                  House
Introduced Date:                   19980114
Primary Sponsor:                   D. Smith
All Sponsors:                      D. Smith, Harrison, Young,
                                   Baxley, McMaster, Wilkins and
                                   Delleney 
Drafted Document Number:           gjk\21015sd.98
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Subject:                           Victim's Bill of Rights,
                                   privileges of victim; Constitution
                                   of South Carolina, Crimes and
                                   Offenses, victims, witnesses



History


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

Senate  19980204  Introduced, read first time,             11 SJ
                  referred to Committee
House   19980203  Read third time, sent to Senate
House   19980129  Read second time
House   19980128  Committee report: Favorable              25 HJ
House   19980114  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.)

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

January 28, 1998

H. 4401

Introduced by Reps. D. Smith, Harrison, Young, Baxley, McMaster, Wilkins and Delleney

S. Printed 1/28/98--H.

Read the first time January 14, 1998.

THE COMMITTEE ON JUDICIARY

To whom was referred a Joint Resolution (H. 4401), proposing an amendment to Section 24, Article I of the Constitution of South Carolina, 1895, relating to a bill of rights for crime victims, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass:

JAMES H. HARRISON, for Committee.

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A BILL OF RIGHTS FOR CRIME VICTIMS, SO AS TO PROVIDE THAT REQUIREMENTS THAT VICTIMS OF CRIMES BE NOTIFIED AND INFORMED OF THEIR RIGHTS AND PRIVILEGES CONFERRED UPON THEM UNDER THIS SECTION DO NOT APPLY TO CRIMES THE GENERAL ASSEMBLY BY LAW EXCLUDES FROM THESE REQUIREMENTS, AND TO PERMIT THE GENERAL ASSEMBLY BY LAW TO FURTHER DEFINE THE TERM "VICTIM" FOR PURPOSES OF THIS SECTION TO STIPULATE THE SPECIFIC INDIVIDUALS TO WHOM THIS SECTION APPLIES.

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

SECTION 1. It is proposed that Section 24, Article I of the Constitution of this State is amended by adding a new subsection (D) to read:

"(D) For purposes of this section, victims of any misdemeanor or felony under the laws of this State or at common law must be notified of or provided with the information required by this section unless the General Assembly by law excludes particular misdemeanors or felonies from these notification provisions. The terms 'crime', 'criminal conduct', 'charge', or any variations thereof in another context as used herein shall mean all misdemeanors and felonies under the laws of this State or at common law except those crimes the General Assembly specifically excludes from the notification provisions of this section. The General Assembly is also authorized by law to further define the term 'victim' for purposes of this section to stipulate the specific individuals to whom this section applies."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 24, Article I of the Constitution of this State relating to a bill of rights for crime victims be amended so as to provide that requirements that victims of crimes be notified and informed of their rights and privileges conferred upon them under this section do not apply to crimes the General Assembly by law excludes from these requirements, and to permit the General Assembly by law to further define the term 'victim' for purposes of this section to stipulate the specific individuals to whom the section applies?

Yes []

No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

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