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
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 CommitteeView additional legislative information at the LPITS web site.
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.
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
That they have duly and carefully considered the same, and recommend that the same do pass:
JAMES H. HARRISON, for Committee.
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?
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'."