Current Status Bill Number:862 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980114 Primary Sponsor:Holland All Sponsors:Holland Drafted Document Number:jud9011.dhh Residing Body:Senate Date of Last Amendment:19980602 Subject:Crimes and Offenses, Courts, Felonies; court administration, penalties, criminal records, searches, prisoners, victims
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19980603 Read third time, returned to Senate
with amendment
House 19980602 Read second time
House 19980602 Amended
House 19980602 Request for debate by Representative Scott
Moody-
Lawrence
Gourdine
Lloyd
Cobb-Hunter
Harrison
Jennings
Young
McGee
Robinson
Barrett
J. Hines
Hawkins
House 19980528 Debate adjourned until
Tuesday, 19980602
House 19980527 Committee report: Favorable with 25 HJ
amendment
House 19980211 Introduced, read first time, 25 HJ
referred to Committee
Senate 19980210 Read third time, sent to House
Senate 19980205 Read second time, ordered to
third reading with notice of
general amendments
Senate 19980205 Committee amendment adopted
Senate 19980204 Committee report: Favorable with 11 SJ
amendment
Senate 19980114 Introduced, read first time, 11 SJ
referred to Committee
Senate 19971215 Prefiled, referred to Committee 11 SJ
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
June 2, 1998
S. 862
S. Printed 6/2/98--H.
Read the first time February 11, 1998.
TO AMEND SECTION 16-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIME CLASSIFICATION, SO AS TO PROVIDE THAT ALL OFFENSES CLASSIFIED AS EXEMPT WITH MAXIMUM PENALTIES OF IMPRISONMENT OF FIVE YEARS OR MORE ARE FELONIES; TO AMEND SECTION 16-3-26, RELATING TO THE DEATH PENALTY, SO AS TO REQUIRE NOTICE OF A SOLICITOR'S INTENTION TO SEEK THE DEATH PENALTY TO BE IN WRITING; TO AMEND SECTION 16-3-660, RELATING TO DEPOSITION TESTIMONY, SO AS TO ALLOW A JUDGE TO ORDER VIDEO DEPOSITION OF A RAPE VICTIM WHEN THE PERSON IS A WITNESS IN THE TRIAL; TO AMEND SECTION 16-3-1240, RELATING TO THE VICTIM'S COMPENSATION PROGRAM, SO AS TO AUTHORIZE THE DISCLOSURE OF INFORMATION REGARDING A PARTICULAR APPLICANT FOR VICTIM COMPENSATION BY COURT ORDER UPON A SHOWING OF GOOD CAUSE; TO AMEND SECTION 16-11-310, RELATING TO OFFENSES AGAINST PROPERTY, SO AS TO NARROW THE DEFINITION OF "BUILDING"; TO AMEND SECTION 16-11-617, RELATING TO THE OFFENSE OF ENTERING ANOTHER'S PROPERTY FOR THE PURPOSE OF CULTIVATING MARIJUANA, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WILFULLY; TO AMEND SECTION 16-11-650, RELATING TO THE OFFENSE OF REMOVING A FENCE, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED INTENTIONALLY; TO AMEND SECTION 16-13-60, RELATING TO THE OFFENSE OF STEALING DOGS, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WITH THE INTENT TO PERMANENTLY DEPRIVE THE OWNER THEREOF; TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO THE CRIME OF DOMESTIC VIOLENCE, SO AS TO DELETE THE TERM "FAMILY VIOLENCE"; TO AMEND SECTION 17-4-20, RELATING TO THE COMMISSION OF APPELLATE DEFENSE, SO AS TO REPLACE THE MEMBERSHIP SEAT ALLOCATED TO THE SOUTH CAROLINA TRIAL LAWYERS ASSOCIATION WITH ONE ALLOCATED TO THE SOUTH CAROLINA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS; TO AMEND SECTION 17-13-141, RELATING TO RECORDS KEPT BY JUDICIAL OFFICERS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-13-160, RELATING TO FORMS OF ARREST AND SEARCH WARRANTS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-15-40, RELATING TO BAIL AND RECOGNIZANCE FORMS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE THE FORMS; TO AMEND SECTION 17-19-80, RELATING TO INDICTMENTS, SO AS TO REQUIRE THAT A PERSON INDICTED OF A CAPITAL OFFENSE BE GIVEN A COPY OF THE INDICTMENT THIRTY DAYS BEFORE TRIAL; TO AMEND SECTION 17-21-80, RELATING TO CHANGE OF VENUE, SO AS TO AUTHORIZE A JUDGE TO CHANGE THE VENUE IN A CRIMINAL CASE TO ANOTHER COUNTY; TO AMEND SECTION 23-3-480, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE THAT A SEX OFFENDER MAY NOT BE PENALIZED FOR FAILING TO REGISTER IF HE WAS CONVICTED OF A SPECIFIC OFFENSE PRIOR TO JULY 1, 1994; TO AMEND SECTION 56-1-1380, RELATING TO A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT A RESIDENT OF THIS STATE WHO IS CONVICTED OF A TRAFFIC OFFENSE IN ANOTHER STATE MAY APPLY FOR A PROVISIONAL LICENSE IF HIS DRIVER'S LICENSE IS SUSPENDED AS A RESULT OF THE CONVICTION; AND TO REPEAL SECTIONS 16-3-410, 16-3-420, 16-3-430, 16-3-440, 16-3-450, 16-3-460, 16-3-720, 16-11-720, 17-13-70, 17-13-100, AND 17-13-110.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-26(A) of the 1976 Code is amended to read:
"(A) Whenever the solicitor seeks the death penalty, he shall notify the defense attorney of his intention to seek such the penalty in writing at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held."
SECTION 2. Section 16-3-660 of the 1976 Code is amended to read:
"Section 16-3-660. Before or during the trial of a person charged with rape or assault with intent to ravish, when the female person who is alleged to have been assaulted is a witness, the judge of the court in which the case is to be tried may, in his discretion, by an order direct that the written or video deposition of such the witness be taken at a time and place designated in such the order within the county in which the trial is to be had upon such notice to the accused as the judge may direct."
SECTION 3. Section 16-11-310(1) of the 1976 Code is amended to read:
"(1) 'Building' means any structure, vehicle, watercraft, or aircraft:
(a) Where any person lodges or lives; or
(b) Where where people assemble for purposes of business, government, education, religion, entertainment, public transportation, or public use or where goods are stored. Where a building consists of two or more units separately occupied or secured, each unit is deemed considered both a separate building in itself and a part of the main building. A building does not include a place where a person lodges or lives."
SECTION 4. Section 16-11-617 of the 1976 Code is amended to read:
"Section 16-11-617. It is unlawful for a person to wilfully enter on the land of another for the purpose of cultivating or attempting to cultivate marijuana. The provisions of this section are cumulative to other provisions of law. To constitute a violation of this section, a minimum of twenty-five marijuana plants must be cultivated. A person violating the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years and fined not more than five thousand dollars."
SECTION 5. Section 16-11-650 of the 1976 Code is amended to read:
"Section 16-11-650. Any person, other than the owner, who shall intentionally remove, destroy, or leave down any portion of any fence in this State intended to enclose animals of any kind or crops or uncultivated lands or who shall leave open any gate or leave down any bars or other structure intended for a like purpose shall be is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of must be fined not less than five nor more than thirty dollars or be imprisoned in the county jail not less than five and not more than thirty days."
SECTION 6. Section 16-13-60 of the 1976 Code is amended to read:
"Section 16-13-60. (1) It shall be unlawful for any person to steal take a dog in which any other person has a right of property with the intent to permanently deprive the owner thereof.
(2) Any person violating the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined in an amount not to exceed five hundred dollars or imprisoned for a term not to exceed six months, or both, in the discretion of the court."
SECTION 7. Section 16-25-70(D) of the 1976 Code, as last amended by Act No. 120 of 1997, is further amended to read:
"(D) If a law enforcement officer receives conflicting complaints of domestic or family violence from two or more household members involving an incident of domestic or family violence, the officer shall evaluate each complaint separately to determine who was the primary physical aggressor. If the officer determines that one person was the primary physical aggressor, the officer must not arrest the other person accused of having committed domestic or family violence. In determining whether a person is the primary physical aggressor, the officer shall consider:
(1) prior complaints of domestic or family violence;
(2) the relative severity of the injuries inflicted on each person taking into account injuries alleged which may not be easily visible at the time of the investigation;
(3) the likelihood of future injury to each person;
(4) whether one of the persons acted in self-defense;
(5) household member accounts regarding the history of domestic violence."
SECTION 8. Section 16-25-70(F) of the 1976 Code, as last amended by Act No. 120 of 1997, is further amended to read:
"(F) A law enforcement officer who arrests two or more persons for a crime involving domestic or family violence must include the grounds for arresting both parties in the written incident report and must include a statement in the report that the officer attempted to determine which party was the primary physical aggressor pursuant to this section and was unable to make a determination based upon the evidence available at the time of the arrest."
SECTION 9. Section 17-13-141 of the 1976 Code is amended to read:
"Section 17-13-141. (a) Every judiciary official authorized to issue search warrants in this State shall keep a record along with a copy of the returned search warrant and supporting affidavit and documents for a period of three years from the date of issuance of each warrant. The records shall be on a form prescribed by the Attorney General Office of Court Administration and reflect as to each warrant:
(1) Date and exact time of issuance.
(2) Name of person to whom warrant issued.
(3) Name of person whose property is to be searched or, if unknown, description of person and address of property to be searched.
(4) Reason for issuing warrant.
(5) Description of article sought in the search.
(6) Date and time of return.
(b) Any person who alters or fails to keep for the prescribed period of time the records, warrants, and documents as provided for in subsection (a) shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be punished by a fine fined not to exceed more than one hundred dollars or by imprisonment imprisoned not to exceed more than thirty days."
SECTION 10. Section 17-13-160 of the 1976 Code is amended to read:
"Section 17-13-160. Notwithstanding any other provision of law, effective September 1, 1975, all arrest warrants and search warrants issued by the State or any political subdivision thereof shall be in a form as prescribed by the Attorney General Office of Court Administration and the Attorney General's office Office of Court Administration shall prescribe such these forms to all law enforcement agencies."
SECTION 11. Section 17-15-40 of the 1976 Code is amended to read:
"Section 17-15-40. On releasing the person on any of the foregoing conditions, the court shall issue a brief order containing a statement of the conditions imposed, informing the person of the penalties for violation of the conditions of release and stating that a warrant for the person's arrest will be issued immediately upon any such violation. The person released shall acknowledge his understanding of the terms and conditions of his release and the penalties and forfeitures applicable in the event of violation thereof on a form to be prescribed by the Attorney General Office of Court Administration."
SECTION 12. Section 17-19-80 of the 1976 Code is amended to read:
"Section 17-19-80. Whoever Any person shall be accused and indicted for any capital offense whatsoever shall have a true copy of the whole indictment, but not the names of the witnesses, delivered to him, three at least thirty days at least before he shall be tried for such the offense, whereby in order to enable him to advise with counsel thereupon, his attorney, agent, or any of them requiring the copy, paying the officer his usual fees for the copy of every such each indictment."
SECTION 13. Section 17-21-80 of the 1976 Code is amended to read:
"Section 17-21-80. The circuit courts shall have power to change the venue in all criminal cases pending therein, and over which they have original jurisdiction, by ordering the record to be removed to another county in the same circuit. The application for removal must be made to the judge sitting in regular term by some party interested, by the solicitor of the circuit or by the accused, supported by affidavit that a fair and impartial trial cannot be had in the county where such the action or prosecution was commenced. The State shall have the same right to make application for a change of venue that a defendant has in cases of murder, arson, rape, burglary, perjury, forgery, or grand larceny; provided, that no change of venue shall be granted in such these cases until a true bill has been found by a grand jury. Four days' notice of such the application in civil and criminal cases shall be given to the adverse party, and if a change is ordered, it shall be to a county in the same judicial circuit; provided, further, that such the adverse party to whom notice is given shall have the right to waive it. The circuit judge shall have the power, upon application made to him by either party, upon proper cause shown, to shorten or extend the time for the hearing of the application for a change of venue."
SECTION 14. Section 23-3-480(B) of the 1976 Code, as last amended by Act 444 of 1996, is further amended to read:
"(B) Section 23-3-470 shall not apply to a person convicted of an offense provided in Section 23-3-420 23-3-430 prior to July 1, 1994, and who was released from custody prior to July 1, 1994, unless the person has been served notice of the duty to register by the sheriff of the county in which the person resides. This person shall register within ten days of the notification of the duty to register."
SECTION 15. Section 56-1-1380 of the 1976 Code is amended to read:
"Section 56-1-1380. Upon conviction of the offense stated in Section 56-1-1320, outside the jurisdiction of the State, the person convicted may apply for the provisional driver's license in the event his South Carolina driver's license is revoked suspended as a result of such the conviction."
SECTION 16. Sections 16-3-420, 16-3-430, 16-3-440, 16-3-450, 16-3-460, 16-3-720, 16-11-720, 17-13-70, 17-13-100, 17-13-110, 20-7-753, 20-7-1331, and 20-7-1335 of the 1976 Code are repealed.
SECTION 17. Section 16-25-70(G), as last amended by Act No. 120 of 1997, is further amended to read:
"(G) When two or more household members are charged with a crime involving domestic or family violence arising from the same incident and the court finds that one party was the primary physical aggressor pursuant to this section, the court, if appropriate, may dismiss charges against the other party or parties."
SECTION 18. Section 44-23-1150 of the 1976 Code, as last amended by Act No.136 of 1997, is further amended to read:
"Section 44-23-1150. A person having sexual intercourse committing a sexual battery, as defined in Section 16-3-651(H), with a patient or trainee of a state mental health facility, whether the patient or trainee is within the facility or unlawfully away from the facility, or an employee or agent of a state or local correctional facility or jail having sexual intercourse committing a sexual battery with an inmate of that a state or local correctional facility or jail, is guilty of a felony and, upon conviction, must be imprisoned not more than ten years."
SECTION 19. Sections 10 and 11 of the bill apply to warrants issued after the effective date of this section.
SECTION 20. A. Section 16-3-1510(1), (2), and (3) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:
"(1) 'Victim' means a person any individual who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a criminal offense, as defined in this section. 'Victim' also includes the person's any individual's spouse, parent, child, or the lawful representative of a victim who is:
(a) deceased;
(b) a minor;
(c) incompetent; or
(d) physically or psychologically incapacitated.
'Victim' does not include a spouse, parent, child, or lawful representative any individual who is the subject of an investigation for, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. 'Victim' also does not include any individual, including a spouse, parent, child, or lawful representative who is acting on behalf of the suspect, juvenile offender, or defendant, unless his actions are required by law. 'Victim' also does not include any individual who was imprisoned or engaged in an illegal act at the time of an offense.
(2) 'Person' means an individual 'Individual' means a human being.
(3) 'Criminal offense' means an offense against the person or an offense against the property of the person when the value of the property destroyed or the cost of the damage is in excess of one thousand dollars, including both common law and statutory offenses. 'Criminal offense' does not include the drawing or uttering of a fraudulent check an offense against the person of an individual when physical or psychological harm occurs, or the property of an individual when the value of the property stolen or destroyed, or the cost of the damage to the property, is in excess of one thousand dollars. This includes both common law and statutory offenses, the offenses contained in Sections 16-25-20, 16-25-30, 16-25-50, 56-5-1210, 56-5-2910, 56-5-2920, 56-5-2930, 56-5-2945, and the common law offense of attempt, punishable pursuant to Section 16-1-80. However, 'criminal offense' specifically excludes the drawing or uttering of a fraudulent check or an offense contained in Title 56 that does not involve personal injury or death.
For purposes of this article, a victim of a misdemeanor or felony under state law must be notified of or provided with the information required by this section. The terms 'crime', 'criminal conduct', 'charge' or any variation of these terms as used in this article means all misdemeanors and felonies under state law except the crimes the General Assembly specifically excludes from the notification provisions contained in this article."
B. Section 16-3-1525 of the 1976 Code, as added by Act 141 of 1997, is amended to read:
"Section 16-3-1525. (A) A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must make a reasonable attempt to notify each victim of the arrest or detention and of the appropriate bond or other pretrial release hearing or procedure.
(B) A law enforcement agency, before releasing to his parent or guardian a juvenile offender accused of committing an offense involving one or more victims, must make a reasonable effort to inform each victim of the release.
(C) A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must provide to the jail, prison, or detention or holding facility having physical custody of the defendant, the name, mailing address, and telephone number of each victim. If the person is transferred to another facility, this information immediately must be transmitted to the receiving facility. The names, addresses, and telephone numbers of victims and witnesses contained in the files of a jail, prison, or detention or holding facility are confidential and must not be disclosed directly or indirectly, except as necessary to provide notifications.
(D) A law enforcement agency, after detaining a juvenile accused of committing an offense involving one or more victims, must provide to the Department of Juvenile Justice the name, address, and telephone number of each victim. The law enforcement officer detaining the juvenile, regardless of where the juvenile is physically detained, retains the responsibility of notifying the victims of the pretrial, bond, and detention hearings, or pretrial releases that are not delegated pursuant to this article.
(E) After effecting the arrest or Upon detention of a person, other than a juvenile, accused of committing an offense not under the jurisdiction of a summary court, and involving one or more victims, the arresting law enforcement agency must provide, in writing, to the prosecuting agency before a bond or release hearing before a circuit or family court judge the name, address, and telephone number of each victim.
(F) After the arrest or Upon detention of a person, other than a juvenile, accused of committing an offense involving one or more victims and which is triable in summary court or an offense involving one or more victims for which a preliminary hearing may be held, the arresting law enforcement agency must provide, in writing, to the summary court the name, mailing address, and telephone number of each victim.
(G) A law enforcement agency must provide any measures necessary to protect the victims and witnesses, including transportation to and from court and physical protection in the courthouse.
(H) In cases in which a defendant has bond set by a summary court judge:
(1) the facility having custody arresting agency of the defendant reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;
(2) the summary court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the facility having custody of the defendant to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend the proceeding. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and
(3) the summary court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.
(I) In cases in which a defendant has a bond proceeding before a circuit court judge:
(1) the prosecuting agency reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;
(2) the circuit court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and
(3) the circuit court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.
(J) In cases in which a juvenile has a detention hearing before a family court judge:
(1) the prosecuting agency must reasonably must attempt to notify each victim of each case for which the juvenile is appearing before the court of his right to attend the detention hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights pertaining to the detention hearing;
(2) the family court judge, before proceeding with a detention hearing in a case involving a victim, must ask the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and
(3) the family court judge, if he does not rule that a juvenile must be detained, must impose conditions of release which are sufficient to protect a victim from harassment or intimidation by the juvenile or a person acting on the juvenile's behalf.
(K) Upon scheduling a preliminary hearing in a case involving a victim, the summary court judge reasonably must attempt to notify each victim of each case for which the defendant has a hearing of his right to attend."
C. Section 16-3-1530 of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:
"Section 16-3-1530. (A) A jail, prison, or detention or holding facility having custody of a person Notwithstanding any other provision of law, except the provisions contained in Section 16-3-1525(D) relating to juvenile detention:
(1) a department or agency having custody or custodial supervision of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of the release of the person.;
(B)(2) A a department or agency having custody or custodial supervision of a person accused of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of an escape by the person.;
(C)(3) A a department or agency having custody of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims must inform each victim, upon request, of any transfer of the person to a less secure facility.;
(D)(4) A a department or agency having custody or custodial supervision of a person convicted or adjudicated guilty of committing an offense involving one or more victims must reasonably attempt to notify each victim and prosecution witness, upon request, of an escape by the person."
D. Section 16-3-1555(B) and (C) of the 1976 Code, as added by Act 141 of 1997, is amended to read:
"(B) The prosecuting agency must forward, as appropriate and within a reasonable time, a copy of each victim's impact statement or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, or the Board of Juvenile Parole, or and the Department of Juvenile Justice. The names, addresses, and telephone numbers of victims and prosecution witnesses contained in the records of the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, and the Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly, except by order of a court of competent jurisdiction or as necessary to provide notifications, or services, or both, between these agencies, these agencies and the prosecuting agency, or these agencies and the Attorney General.
(C) The prosecuting agency must file with an indictment a copy of a written victim victim's impact statement with the victim's personal information deleted. The victim's impact statement may be sealed by the appropriate authority until the defendant has been adjudicated, found guilty, or has pled guilty."
E. Section 16-3-1560(A) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:
"(A) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, reasonably must attempt to notify each victim, who has indicated a desire to be notified, of post-conviction proceedings affecting the probation, parole, or release of the offender, and of the victim's right to attend and comment at these proceedings. This notification must be made sufficiently in advance to allow the victim to exercise his rights as they pertain to post-conviction proceedings."
F. Revenues distributed on a monthly basis to fund existing State programs pursuant to Sections 14-1-206(c), 14-1-207(c), and 14-1-208(c) must equal the revenues received under these sections in fiscal year 1996-1997 before distributions can be made under Sections 14-1-206(B), 14-1-207(B), and 14-1-208(B) for the period of July 1, 1998, through April 30, 1999. The purpose of this provision is to reauthorize and adopt the provisions contained in Sections 4.B., 5.B., and 6.B. of Act 141 of 1997 for the period of July 1, 1998, through April 30, 1999.
Pursuant to Section 11-7-25, the State Auditor must examine the books, accounts, receipts, disbursements, vouchers, and records of the county treasurers, municipal treasurers, county clerks of court, magistrates, and municipal courts to report whether fines and assessments imposed pursuant to Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208 are properly collected and remitted to the State Treasurer. This audit must be completed and submitted to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the Ways and Means Committee no later than January 1, 1999.
G. Section 14-1-211 of the 1976 Code, as added by Act 141 of 1997, is amended to read:
"Section 14-1-211. (A) In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions obtained in general sessions court and a twenty-five dollar surcharge is imposed on all convictions obtained in magistrate's and municipal court in this State. The surcharge must not be imposed on convictions for misdemeanor traffic offenses. However, the surcharge applies to all violations of Section 56-5-2930, driving under the influence of liquor, drugs, or like substances. No portion of the surcharge may be waived, reduced, or suspended.
(B) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction which heard or processed the case and paid to the city or county treasurer, for the purpose of providing services for the victims of crime, including those required by law. Any funds retained by the county or city treasurer pursuant to this subsection (A) must be deposited into a separate account for the exclusive use for all activities related to the requirements contained in this provision. For the purpose of funds allocation and expenditure, these funds are a part of the general funds of the city or county. However, these funds first must be appropriated to the local agencies and offices providing victim services and not previously funded by the State. These funds must be used for, but are not limited to, salaries, equipment that includes computer equipment and internet access, or other expenditures necessary for providing services to crime victims. Any funds which are not used for the provision of victim services at the end of the fiscal year may be used for the capital and operating needs of the judicial system.
(C) The surcharged revenue retained by the general sessions court, magistrates, or municipal courts in this State pursuant to subsection (B) must be reported by the city or county treasurer to the State Treasurer monthly. Any funds retained by the city or county treasurer pursuant to this subsection which are not used for the provision of victims' services at the end of the fiscal year may be used for the capital and operating needs of the judicial system."
H. This section does not affect an action or proceeding commenced or a right accrued before the effective date of this act.
SECTION 21. A. Section 16-3-1510(1), (2), and (3) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:
"(1) 'Victim' means a person any individual who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a criminal offense, as defined in this section. 'Victim' also includes the person's any individual's spouse, parent, child, or the lawful representative of a victim who is:
(a) deceased;
(b) a minor;
(c) incompetent; or
(d) physically or psychologically incapacitated.
'Victim' does not include a spouse, parent, child, or lawful representative any individual who is the subject of an investigation for, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. 'Victim' also does not include any individual, including a spouse, parent, child, or lawful representative, who is acting on behalf of the suspect, juvenile offender, or defendant unless his actions are required by law. 'Victim' also does not include any individual who was imprisoned or engaged in an illegal act at the time of the offense.
(2) "Person" means an individual 'Individual' means a human being.
(3) 'Criminal offense' means an offense against the person or an offense against the property of the person when the value of the property destroyed or the cost of the damage is in excess of one thousand dollars, including both common law and statutory offenses. "Criminal offense" does not include the drawing or uttering of a fraudulent check an offense against the person of an individual when physical or psychological harm occurs, or the property of an individual when the value of the property stolen or destroyed, or the cost of the damage to the property is in excess of one thousand dollars. This includes both common law and statutory offenses, the offenses contained in Sections 16-25-20, 16-25-30, 16-25-50, 56-5-1210, 56-5-2910, 56-5-2920, 56-5-2930, 56-5-2945, and the common law offense of attempt, punishable pursuant to Section 16-1-80. However, 'criminal offense' specifically excludes the drawing or uttering of a fraudulent check or an offense contained in Title 56 that does not involve personal injury or death.
For purposes of this article, a victim of any misdemeanor or felony under State law must be notified of or provided with the information required by this section. The terms 'crime', 'criminal conduct', 'charge', or any variation of these terms as used in this article mean all misdemeanors and felonies under State law except the crimes the General Assembly specifically excludes from the notification provisions contained in this article."
B. This does not affect an action or proceeding commenced or a right accrued before the effective date of this act.
SECTION 22. Section 16-13-10(b)(2) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the amount of the forgery is less than five thousand dollars. Notwithstanding the provisions contained in Section 23-3-540, 22-3-545, and 22-3-550, if the amount of the forgery is less than one thousand dollars, the offense must be tried exclusively in magistrate's court.
If the forgery does not involve a dollar amount, the person is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 23. Section 56-5-2910 of the 1976 Code, as last amended by Act 509 of 1994, is further amended to read:
"Section 56-5-2910. (A) When the death of a person ensues within one year as a proximate result of injury received by the driving of a vehicle in reckless disregard of the safety of others, the person operating the vehicle is guilty of reckless homicide. A person who is convicted of, pleads guilty to, or pleads nolo contendere to reckless homicide is guilty of a felony and must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than ten years, or both. The department shall revoke for five years the driver's license of a person convicted of reckless homicide.
(B) After one year from the date of revocation, the person whose driver's license has been revoked for five years pursuant to Subsection (A) may petition the circuit court in the county of his residence for reinstatement of his driver's license. He shall serve a copy of the petition upon the solicitor of the county and shall notify the representative of the victim of the reckless homicide of his intent to seek reinstatement of his driver's license. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or his designee does not demand a hearing, the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court may order the reinstatement of the person's driver's license upon the following conditions:
(1) intoxicating alcohol, beer, wine, drugs or narcotics were not involved in the vehicular accident which resulted in the reckless homicide conviction or plea;
(2) the petitioner has served his term of imprisonment or paid his fine, assessment and restitution in full, or both; and
(3) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to reinstate the privilege of operating a motor vehicle.
The circuit court may order the reinstatement of the driver's license before the completion of the full five-year revocation period or the judge may order the granting of a provisional license for the remainder of the five-year period to allow the person to drive to and from employment or school or the judge may place other restrictions on the driver's license reinstatement. The order of the judge must be transmitted to the Department of Public Safety within ten days.
(C) If the person's privilege to operate a motor vehicle is reinstated pursuant to Subsection (B), a subsequent violation of the motor vehicle laws for any moving violation requires the automatic cancellation of the person's driver's license and imposition of the full period of revocation for the reckless homicide violation."
SECTION 24. Title 16 of the 1976 Code is amended by adding:
Section 16-2-10. (A) This chapter may be cited as the 'South Carolina Advisory Sentencing Guidelines Act'.
(B) Advisory Sentencing Guidelines apply equally to all offenders in the State without regard to any element that does not relate to the crime or crimes of current conviction or the prior criminal record of the defendant.
(C) This chapter applies to all criminal offenses in South Carolina punishable by maximum terms of imprisonment of one year or more except offenses specifically excluded from this act as provided in subsection (D).
(D) This chapter does not apply to offenses for which life imprisonment is ordered under Section 17-25-45, the offense of Contempt of Court under Section 14-5-320, the offenses of attempt and conspiracy under Section 44-53-420, crimes with maximum penalties of less than one year, sentences imposed as a result of technical probation revocations, offenses exempt from classification under Section 16-1-10 (D) which receive the death penalty or life imprisonment, or sentences imposed in accordance with the Youthful Offender Act. However, this chapter does apply to the above offenses for purposes of scoring the offender's prior record.
(E) Offenses exempt from classification under Section 16-1-10(D) which do not receive the death penalty or life imprisonment are treated, for purposes of sentencing guidelines, as Felony A offenses.
(F) Offenses with provisions for mandatory minimum sentences are subject to these guidelines. However, if the mandatory minimum sentence is greater than the guidelines recommendation, the mandatory minimum sentence overrides the guidelines. If the guidelines recommendation is greater, the guidelines control.
(G) Fines and restitution, as provided by law, may be added to a guidelines sentence.
(H) The South Carolina Sentencing Guidelines Commission shall promulgate regulations consistent with the provisions contained in this chapter.
Section 16-2-20. As used in this chapter:
(1) 'Aggravating factors' means reasons justifying a sentence above the presumptive sentencing range for the offense. A sentence in the aggravating range is not considered a departure from guidelines.
(2) 'Commission' means the South Carolina Sentencing Guidelines Commission.
(3) 'Conviction' means any conviction, guilty plea, or plea of nolo contendere and includes being convicted of a violation of a law of another state or a city or county ordinance.
(4) 'Prior convictions' means felonies and misdemeanors, prior convictions not classified at the time of conviction, federal or out-of-state convictions, circuit, magistrate, and municipal court convictions, and juvenile adjudications if the offense is a felony if committed by an adult. Prior convictions set aside or prior convictions of which the defendant was pardoned for reasons unrelated to innocence or legal error are to be counted in calculation of the prior record score. Expunged convictions are never counted.
(5) 'Prior record score' means the summation of points associated with previously imposed sentences.
(6) 'Departure' means a sentence which is either higher or lower than what the appropriate grid cell recommends. The departure form must be completed if a departure sentence is issued.
(7) 'Grid' means the sentencing guidelines matrix developed by the Sentencing Guidelines Commission for all offenses punishable by maximum terms of imprisonment of one year or more except offenses specifically excluded in Section 16-2-10(D).
(8) 'Grid cell' means a block on the grid formed by the intersection of the maximum penalty offense of the current convictions and all other current convictions added to the offender's prior record score.
(9) 'Mitigating factors' means reasons justifying a sentence below the presumptive sentencing range for a crime. A sentence in the mitigated range is not a departure from guidelines.
(10) 'Presumptive sentence' means the recommended sentence for the average case provided in a grid cell.
(11) 'Maximum penalty offense' means the current conviction offense with the greatest maximum possible sentence.
(12) 'Community punishment' means financial sanctions, probation, community punishment systems, nonresidential and residential intermediate sanctions, or any other community-based disposition under the jurisdiction of the South Carolina Department of Probation, Parole, and Pardon Services.
(13) 'Community punishment systems' or 'CPS' means a community punishment with maximum level supervision in the community by the South Carolina Department of Probation, Parole, and Pardon Services with caseload sizes limited by South Carolina Department of Probation, Parole, and Pardon Services' policy.
(14) 'Residential and nonresidential intermediate sanctions' or 'IMS' means a community punishment which may include boot camps, restitution, and community control centers, and any other residential community punishment facility under the supervision of the South Carolina Department of Probation, Parole, and Pardon Services, and electronic monitoring, home detention, day reporting, intensive supervision, and any other structured, intensive nonresidential program under the supervision of the South Carolina Department of Probation, Parole, and Pardon Services.
(15) 'Sentencing scoresheet' means a form promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations used to determine a sentence under this chapter.
(16) 'Prior record form' means a form promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations used to determine a prior record score under this chapter.
(17) 'Departure from guidelines form' means a form promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations. The form should be completed when a sentence departs from the sentencing guidelines contained in this chapter.
(18) 'Technical probation revocation' means probation is revoked for anything other than the commission of a new crime.
Section 16-2-30. (A) The court should consider this chapter when determining the appropriate sentence for criminal offenses punishable by maximum terms of imprisonment of one year or more excluding those offenses specifically enumerated in Section 16-2-10 (D).
(B) The advisory sentencing guidelines grid is two-dimensional. The maximum penalty offense is used to select the appropriate horizontal severity level. The current convictions score and the prior record score are combined to produce the total point score used to select the appropriate grid cell.
(C) There are three sentencing ranges within each grid cell:
(1) the presumptive range is designed for the average case with no extraordinary circumstances;
(2) the aggravating range is designed for cases in which a longer sentence is warranted based on the presence of aggravating factors pursuant to Section 16-2-70(A);
(3) the mitigating range is designed for cases in which a lesser sentence is warranted based on the presence of mitigating factors pursuant to Section 16-2-70(C).
(D) It is in the court's discretion to determine whether a sentence in the aggravating or mitigating range is more appropriate for a particular offender.
(E) The presumptive sentence for offenders who fall below the bold dispositional line is a community punishment sentence. The presumptive sentence for offenders who fall above the bold dispositional line is imprisonment.
(F) The sentencing scoresheet and prior record form must be initially scored by the solicitor's office and completed in final form at the court's discretion. A copy of the sentencing scoresheet and prior record form must be provided to the defendant's attorney, or to the defendant if he is not represented by counsel, prior to or contemporaneous with the submission to the court. Each solicitor's office in the State will be allocated sufficient resources from the General Assembly's annual appropriations act to comply with this act. The sentencing scoresheet and prior record form must be made a part of the record, and a copy must be sent by the solicitor to the South Carolina Sentencing Guidelines Commission within ninety days of sentencing.
(G) Split sentences are departures from the guidelines requiring completion of the departure from guidelines form. Suspended sentences are departures from the guidelines requiring completion of the departure from guidelines form, except when the recommended guidelines sentence range permits a community punishment under the following conditions:
(1) If the maximum penalty offense is classified as a Felony C offense and the guidelines permit a community punishment, the statutory maximum serves as the limit on the portion of the sentence which may be suspended.
(2) If the maximum penalty offense is classified as a Felony D offense and the guidelines permit a community punishment, the limit on the portion of the sentence which may be suspended is seven years.
(3) If the maximum penalty offense is classified as a Felony E offense and the guidelines permit a community punishment, the limit on the portion of the sentence which may be suspended is five years.
(4) If the maximum penalty offense is classified as a Felony F offense and the guidelines permit a community punishment, the limit on the portion of the sentence which may be suspended is three years.
(5) If the maximum penalty offense is classified as a Misdemeanor A, B, or C offense and the guidelines permit a community punishment, the statutory maximum serves as the limit on the portion of the sentence which may be suspended.
(H) It is in the discretion of the court to determine if a departure from the guidelines' recommendation is warranted. If the court determines that a sentence more severe or less severe than recommended in this chapter is warranted, the court shall complete the departure from guidelines form. This form must be attached to the sentencing scoresheet and prior record form, and a copy shall be sent to the South Carolina Sentencing Guidelines Commission within ninety days after a person has been sentenced, and the commission shall compile this data by county. The court may, in its discretion, depart from the guidelines in cases which include, but are not limited to, those in which the defendant provided substantial assistance to the State, when the defendant suffers from significantly reduced mental capacity, or when there is an early acceptance of responsibility by the defendant as set forth below.
If the defendant has provided substantial assistance in the investigation or prosecution of another person, the court may determine an appropriate reduction in the defendant's sentence by considering the following:
(1) Evaluation of the significance and usefulness of the defendant's assistance, taking into consideration the state's evaluation of the assistance rendered.
(2) The truthfulness, completeness, and reliability of any information provided by the defendant.
(3) The nature and extent of the defendant's assistance.
(4) An injury suffered, or any danger or risk of injury to the defendant or his family resulting from the assistance.
(5) The timeliness of the defendant's assistance.
The court, on motion of the State, may reduce a sentence to reflect a defendant's subsequent substantial assistance in the investigation or prosecution of another person who has committed an offense. The reduction of the sentence pursuant to this section may be made at any time after the imposition of the sentence if it is based on information or evidence not known by the defendant at the time of sentencing. However, if it is based on information or evidence known by the defendant at the time of sentencing, then the motion must be made within one year from the date of sentencing.
The court, on a motion of the State, may reduce a sentence to reflect a defendant's early acceptance of responsibility within ninety days of an arrest or within the discretion of the solicitor.
If the defendant suffers from significantly reduced mental capacity, the court may determine an appropriate reduction in the defendant's sentence by considering whether the defendant committed a nonviolent offense while suffering from significantly reduced mental capacity not resulting from voluntary use of drugs or other intoxicants. A lower sentence may be warranted to reflect the extent the reduced mental capacity contributed to the commission of the offense.
(I) Unless specifically prohibited, a person who has been convicted of any criminal offense may be given a community punishment provided in this chapter if the class of the offense and current convictions and prior record level authorizes a community punishment as a type of sentence disposition.
(J) The South Carolina Department of Probation, Parole, and Pardon Services must develop a plan to handle offender services regarding community punishment under this chapter. The programs designed to accommodate these offenders shall hold offenders accountable for making restitution, require compliance with the court's judgment, appropriately punish and rehabilitate offenders by directing them to specialized treatment or education programs, and protect public safety. This plan must be submitted to the Speaker of the House and the President Pro Tempore of the Senate within one hundred eighty days after the effective date of this act.
(K) Community punishments available under this chapter include, but are not limited to:
(1) Residential Intermediate Sanctions or IMS which include boot camps, restitution, and community control centers, and any other residential community punishment facilities under the supervision of the South Carolina Department of Probation, Parole, and Pardon Services.
(2) Nonresidential Intermediate Sanctions or IMS which include electronic monitoring, home detention, day reporting, intensive supervision, and any other structured, intensive nonresidential program under the supervision of the South Carolina Department of Probation, Parole, and Pardon Services.
(3) Community Punishment Systems or CPS which include community punishment with maximum level supervision in the community by the South Carolina Department of Probation, Parole, and Pardon Services with caseload sizes limited by South Carolina Department of Probation, Parole, and Pardon Services' policy.
(4) Probation pursuant to Title 24, Chapter 21, Article 5.
Section 16-2-40. To determine a guidelines sentence, the court must:
(1) determine the maximum penalty offense to select the appropriate horizontal severity level;
(2) determine the current convictions score pursuant to Section 16-2-60 (A);
(3) determine the prior record score pursuant to Section 16-2-60 (B);
(4) add the current convictions score to the prior record score to produce the total point score. Use the total point score to select the appropriate vertical point column;
(5) the intersection of the appropriate horizontal severity level and the appropriate vertical point column produces the appropriate grid cell;
(6) determine if aggravating or mitigating factors, pursuant to Section 16-2-70, apply and select the appropriate sentencing range. All guidelines ranges are years of maximum confinement;
(7) select a sentence at any place within the appropriate sentencing range; and
(8) complete the departure from guidelines form if the sentence is outside of the appropriate grid cell's sentencing ranges.
Section 16-2-50. For purposes of sentencing, the 'South Carolina Sentencing Guidelines Grid', as promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations, applies to criminal offenses with maximum terms of imprisonment of one year or more, except those offenses specifically excluded from this chapter provided in Section 16-2-10(D), committed one year after this act has been approved by the Governor.
Section 16-2-60. (A) The current convictions score for the purpose of Section 16-2-40 must be calculated pursuant to regulations promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations.
(B)(1) The prior record score for the purpose of Section 16-2-40 is calculated pursuant to regulations promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations.
(2) Federal or out-of-state convictions are scored.
(3) Circuit, magistrate, and municipal court convictions, and juvenile adjudications that would be felonies if committed by an adult are scored accordingly.
(4) Any prior sentence of over one year imposed more than fifteen years before the defendant's current conviction is not scored unless the sentence extends into the fifteen-year period. Any prior sentence of one year or less imposed more than ten years before the defendant's current conviction is not scored.
Section 16-2-70. (A) When determining whether an aggravated sentence is warranted, the court may consider whether any of the following factors may apply:
(1) Serious bodily injury to a victim resulted from the criminal act.
(2) The victim was treated with particular cruelty for which the offender should be held responsible.
(3) The victim was particularly vulnerable due to age, infirmity, or reduced physical or mental capacity which was known or should have been known to the offender.
(4) Protracted mental or emotional distress to a victim resulted from the act.
(5) The defendant committed the offense while he was:
(a) on probation;
(b) a parolee;
(c) on work release;
(d) on furlough;
(e) an escapee;
(f) released on bond;
(g) under community supervision; or
(h) serving an active sentence.
(6) The defendant possessed a firearm, visibly displayed what appeared to be a firearm, visibly displayed a knife, or used an object capable of causing death or inflicting serious bodily injury during the commission of a crime.
(7) The defendant induced others to participate in the commission of the offense or occupied a position of leadership or dominance over other participants.
(8) The defendant attempted to obstruct justice by intimidating a witness or juror, destroying evidence, or otherwise hindering the enforcement of laws in the investigation, prosecution, or sentencing of the defendant's case.
(9) A defendant's refusal to assist authorities in the investigation of other persons should not be considered as an aggravating sentencing factor.
(B) An aggravated sentence generally should not be given if the aggravating circumstance is a necessary element of the offense. Exceptions to this general rule are:
(1) assault and battery of a high and aggravated nature (common law);
(2) lewd act on a minor (Section 16-15-140).
(C) When determining whether a mitigated sentence is warranted, the court may consider whether any of the following factors may apply:
(1) The defendant is over sixty-five years of age.
(2) The defendant suffers from extraordinary physical impairments. This does not include drug or alcohol problems.
(3) The victim was the aggressor in the incident or induced or facilitated its commission.
(4) The defendant played a minor role or passive role in the crime.
(5) The defendant clearly demonstrates a recognition and affirmative acceptance or personal responsibility for his criminal conduct.
(6) The current offense is indicative of aberrant behavior on behalf of the defendant.
(7) The defendant participated under circumstances of coercion or duress.
(D) Aggravating and mitigating factors provided in this section are examples of factors that the court may wish to consider when determining an appropriate sentence for an offender. It is in the court's discretion to determine the existence of these or any other factors which may warrant a sentence in the aggravating or mitigating ranges.
Section 16-2-80. If the guidelines contained in this chapter are silent or vague, the sentencing judge may provide a reasonable interpretation."
SECTION 25. Section 16-1-10(D) of the 1976 Code, as last amended by Part II, Section 70B of Act 164 of 1993 is further amended to read:
"(D) The following offenses are classified as exempt under subsections (A) and (B):
12-21-2790 Interference with proper operation of video game machine
12-21-6000(B) Possessing marijuana or controlled substances without appropriate stamps
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-85(B)(1) Homicide by child abuse
16-3-85(B)(2) Aiding and abetting homicide by child abuse
16-3-210 Lynching
16-3-430 Killing in a duel
16-3-620 Assault with intent to kill (if sentenced for the common law offense of assault and battery of a high and aggravated nature)
16-3-910 Kidnapping (if sentenced for murder)
16-11-311(B) Burglary first degree
16-11-540 Damaging or destroying building, vehicle or other property by means of explosive incendiary, death results
16-25-65 Criminal domestic violence of a high and aggravated nature
23-36-170(c), (d) Penalty (violation of South Carolina Explosives Control Act) Third, fourth, or subsequent offenses
25-7-30 Giving information respecting national or state defense to foreign contacts during war
25-7-40 Gathering information for an enemy
44-53-370(e)(1)(a)3 Prohibited Acts A, penalties (trafficking in marijuana, 10 pounds or more, but less than 100 pounds) Third or subsequent offenses
44-53-370(e)(1)(b) Prohibited Acts A, penalties (trafficking in marijuana, 100 pounds or more of marijuana, but less than 2,000 pounds)
44-53-370(e)(1)(c) Prohibited Acts A, (trafficking in marijuana, 2000 pounds or more, but less than 10,000 pounds)
44-53-370(e)(1)(d) Prohibited Acts A, penalties (trafficking in marijuana, 10,000 pounds of marijuana or more)
44-53-370(e)(2)(a)(3) Prohibited Acts A, penalties (trafficking in cocaine, 10 grams or more, but less than 28 grams) Third or subsequent offense
44-53-370(e)(2)(b)(3) Prohibited Acts A, penalties (trafficking in cocaine, 28 grams or more, but less than 100 grams)
44-53-370(e)(2)(c) Prohibited Acts A, penalties (trafficking in cocaine, 100 grams or more, but less than 200 grams)
44-53-370(e)(2)(d) Prohibited Acts A, penalties (trafficking in cocaine, 200 grams or more, but less than 400 grams)
44-53-370(e)(2)(e) Prohibited Acts A, penalties (trafficking in cocaine, 400 grams or more)
44-53-370(e)(3)(a)(2) Prohibited Acts A, penalties (trafficking in illegal drugs, 4 grams or more, but less than 14 grams) Second or subsequent offense
44-53-370(e)(3)(b) Prohibited Acts A, penalties (trafficking in illegal drugs, 14 grams or more, but less than 28 grams)
44-53-370(e)(3)(c) Prohibited Acts A, penalties (trafficking in illegal drugs, 28 grams or more)
44-53-370(e)(4)(a)(2) Prohibited Acts A, penalties (trafficking in methaqualone, 15 grams or more, but less than 150 grams) Second or subsequent offense
44-53-370(e)(4)(b) Prohibited Acts A, penalties (trafficking in methaqualone, 150 grams but less than 1,500 grams)
44-53-370(e)(4)(c) Prohibited Acts A, penalties (trafficking in methaqualone, possession of 1,500 grams, but less than 15 kilograms of methaqualone)
44-53-370(e)(4)(d) Prohibited Acts A, penalties (trafficking in methaqualone, 15 kilograms or more)
44-53-370(e)(5)(a)(3) Prohibited Acts, penalties (trafficking in LSD, 100 dosage units or more, but less than 500 dosage units) Third or subsequent offense
44-53-370(e)(5)(b)(3) Prohibited Acts, penalties (trafficking in LSD, 500 dosage units or more, but less than 1,000 dosage units) Third or subsequent offense
44-53-370(e)(5)(c) Prohibited Acts, penalties (trafficking in LSD, 1,000 dosage units or more) 44-53-375(C)(1)(c) Trafficking in ice, crank, or crack cocaine 10 grams or more, but less than 28 grams Third or subsequent offense
44-53-375(C)(2)(c) Trafficking in ice, crank, or crack cocaine 28 grams or more, but less than 100 grams Third or subsequent offense
44-53-375(C)(3) Trafficking in ice, crank, or crack cocaine 100 grams or more, but less than 200 grams
44-53-375(C)(4) Trafficking in ice, crank, or crack cocaine 200 grams or more, but less than 400 grams
44-53-375(C) Trafficking in ice, crank, or crack cocaine 400 grams
or more
44-53-445 Distribute, sell, or manufacture, or possess with intent to distribute crack cocaine within proximity of school
56-5-2780(B)(1) Unlawfully passing a stopped school bus where great bodily injury results
56-5-2947 Child endangerment
56-15-590 Failure of a motor vehicle auction to keep required records or make them available for inspection
58-17-4090 Penalty for obstruction of railroad if death of human being results
Only criminal offenses with a possible maximum penalty of life imprisonment or death are felonies exempt from the classification system. This does not include offenses with a sentence of life imprisonment under Section 17-25-45."
SECTION 26. Section 16-1-20(B) of the 1976 Code, as last amended by Part I, Section 1 of Act 7 of 1995, is further amended to read:
"(B) For all offenders sentenced on or after July 1, 1993, the minimum term of imprisonment required by law does not apply to the offenses listed in Sections 16-1-90 and 16-1-100 unless the offense refers to a mandatory minimum sentence or the offense prohibits suspension of any part of the sentence. Offenses listed in Section 16-1-10(C) and (D) are exempt and minimum terms of imprisonment are applicable. No sentence of imprisonment precludes the timely execution of a death sentence."
SECTION 27. Section 16-1-30 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-1-30. All criminal offenses created by statute after July 1, 1993, must be provided by statute or in common law with maximum terms of imprisonment of three years or less are automatically classified according to the maximum term of imprisonment provided in the statute and pursuant to Sections 16-1-10 and 16-1-20,. All criminal offenses provided by statute or in common law with maximum terms of imprisonment of five years or more are felonies and are automatically classified according to the maximum term of imprisonment provided in the statute and pursuant to Sections 16-1-10 and 16-1-20 except offenses that are exempt from classification as provided in Section 16-1-10(D)."
SECTION 28. Section 16-3-1075(B)(1) of the 1976 Code, as added by Act 163 of 1993, is amended to read:
"(1) be imprisoned not more than fifteen twenty years; or"
SECTION 29. Section 24-3-20(B) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"(B) When the director determines that the character and attitude of a prisoner reasonably indicates that he may be trusted, he may extend the limits of the place of confinement of the prisoner by authorizing him to work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner, provided that the director determines that:
(1) the paid employment will not result in the displacement of employed workers, nor be applied in skills, crafts, or trades in which there is surplus of available gainful labor in the locality, nor impair existing contracts for services; and
(2) the rates of pay and other conditions of employment will not be less than those paid and provided for work of similar nature in the locality in which the work is to be performed.
The department shall notify victims registered pursuant to Section 16-3-1530(c) and the trial judge, solicitor, and sheriff of the county or the law enforcement agency of the jurisdiction where the offense occurred before releasing inmates on work release. The department shall have the authority to deny release based upon opinions received from these persons, if any, as to the suitability of the release.
No A prisoner's place of confinement may not be extended as permitted by this subsection who is currently serving a sentence for or has a prior conviction of criminal sexual conduct in the first, second, or third degree; attempted criminal sexual conduct; assault with intent to commit criminal sexual conduct; criminal sexual conduct when the victim is his legal spouse; criminal sexual conduct with a minor; committing or attempting to commit a lewd act on a child; engaging a child for sexual performance; or spousal sexual battery. No A prisoner who is serving a sentence for a 'no parole offense' as defined in Section 24-13-100 Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of twenty years or more and who is otherwise eligible for work release shall have his place of confinement extended until he has served the minimum period of incarceration as set forth in Section 24-13-125."
SECTION 30. Section 24-13-125 of the 1976 Code, as added by Act 83 of 1995, is amended to read:
"Section 24-13-125. (A) Notwithstanding any other another provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner convicted of a 'no parole offense', as defined in Section 24-13-100, Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of twenty years or more and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is not eligible for work release until the prisoner has served not less than eighty percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release by another provision of law to be eligible for work release.
(B) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection.
(C) This section does not apply to prisoners confined in a local correctional facility except a prisoner confined in a local facility pursuant to a designated facility agreement."
SECTION 31. Section 24-13-150 of the 1976 Code, as added by Act 83 of 1995, is amended to read:
"Section 24-13-150. (A) Notwithstanding any other another provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner convicted of a 'no parole offense' as defined in Section 24-13-100 crime and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is not eligible for early release, discharge, or community supervision as provided in Section 24-21-560, until the prisoner has served at least eighty-five percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release, early release, discharge, or community supervision by another provision of law to be eligible for work release, early release, discharge, or community supervision.
(B) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection.
(C) This section does not apply to prisoners confined in a local correctional facility except a prisoner confined in a local facility pursuant to a designated facility agreement."
SECTION 32. Section 24-13-210 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 24-13-210. (A) A prisoner convicted of an offense against this State, except a 'no parole offense' as defined in Section 24-13-100, and sentenced to the custody of the Department of Corrections including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty days for each month served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed.
(B) A prisoner convicted of a 'no parole offense' an offense against this State as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of three days for each month served. However, no prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is entitled to credits under this provision. No A prisoner convicted of a 'no parole offense' is not entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 24-13-150. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed.
(C)(B) A prisoner convicted of an offense against this State and sentenced to a local correctional facility, or upon the public works of any county in this State, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined, and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of one day for every two days served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which good conduct credits must be computed.
(D)(C) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.
(E)(D) Any person who has served the term of imprisonment for which he has been sentenced less deductions allowed therefrom for good conduct is considered upon release to have served the entire term for which he was sentenced unless the person is required to complete a community supervision program pursuant to Section 24-21-560. If the person is required to complete a community supervision program, he must complete his sentence as provided in Section 24-21-560 prior to discharge from the criminal justice system.
(F)(E) No credits earned pursuant to this section may be applied in a manner which would prevent full participation in the Department of Probation, Parole, and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560."
SECTION 33. Section 24-13-230 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 24-13-230. (A) The Director of the Department of Corrections may allow any prisoner in the custody of the department, except a prisoner convicted of a 'no parole offense' as defined in Section 24-13-100, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled. A maximum annual credit for both work credit and education credit is limited to one hundred eighty days.
(B) The Director of the Department of Corrections may allow a prisoner in the custody of the department serving a sentence for a 'no parole offense' as defined in Section 24-13-100, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of six days for every month he is employed or enrolled. However, no prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is entitled to credits under this provision. No A prisoner convicted of a 'no parole offense' is not entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 24-13-150. A maximum annual credit for both work credit and education credit is limited to seventy-two days.
(C)(B) No credits earned pursuant to this section may be applied in a manner which would prevent full participation in the Department of Probation, Parole, and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560.
(D)(C) The amount of credit to be earned for each duty classification or enrollment must be determined by the director and published by him in a conspicuous place available to inmates at each correctional institution. If a prisoner commits an offense or violates one of the rules of the institution during his term of imprisonment all or part of the work credit or education educational credit he has earned may be forfeited in the discretion of the official having charge of the prisoner.
(E)(D) The official in charge of a local detention or correctional facility to which persons convicted of offenses against the State are sentenced shall allow any inmate serving such a sentence in the custody of the facility who is assigned to a mandatory productive duty assignment a reduction from the term of his sentence of zero to one day for every two days so employed. The amount of credit to be earned for each duty classification must be determined by the official in charge of the local detention or correctional facility and published by him in a conspicuous place available to inmates.
(F)(E)(1) An individual is only eligible only for the educational credits provided for in this section, upon successful participation in an academic, technical, or vocational training program.
(2) The educational credit provided for in this section, is not available to any individual convicted of a violent crime as defined in Section 16-1-60.
(G)(F) The South Carolina Department of Corrections may not pay any tuition for college courses."
SECTION 34. Section 24-13-430(2) of the 1976 Code is amended to read:
"(2) Any inmate of the Department of Corrections, city or county jail, or public works of any county that participates in a riot or any other acts of violence shall be deemed guilty of a felony and, upon conviction, shall be imprisoned for not less than five years nor more than ten twenty years."
SECTION 35. Section 24-13-650 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 24-13-650. No An offender committed to incarceration for a violent offense as defined in Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100 Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of twenty years or more may not be released back into the community in which the offender committed the offense under the work release program, except in those cases wherein, where applicable, the victim of the crime for which the offender is charged or the relatives of the victim who have applied for notification under Section 16-3-1530 if the victim has died, the law enforcement agency which employed the arresting officer at the time of the arrest, and the circuit solicitor all agree to recommend that the offender be allowed to participate in the work release program in the community where the offense was committed. The victim or the victim's nearest living relative, the law enforcement agency, and the solicitor, as referenced above, must affirm in writing that the offender be allowed to return to the community in which the offense was committed to participate in the work release program."
SECTION 36. Section 24-13-710 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 24-13-710. The Department of Corrections and the Department of Probation, Parole, and Pardon Services shall jointly develop the policies, procedures, guidelines, and cooperative agreement for the implementation of a supervised furlough program which permits carefully screened and selected inmates who have served the mandatory minimum sentence as required by law or have not committed a violent crime as defined in Section 16-1-60, a 'no parole offense' as defined in Section 24-13-100 Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of twenty years or more, the crime of criminal sexual conduct in the third degree as defined in Section 16-3-654, or the crime of committing or attempting a lewd act upon a child under the age of fourteen as defined in Section 16-15-140 to be released on furlough prior to parole eligibility and under the supervision of state probation and parole agents with the privilege of residing in an approved residence and continuing treatment, training, or employment in the community until parole eligibility or expiration of sentence, whichever is earlier. The department and the Department of Probation, Parole, and Pardon Services shall assess a fee sufficient to cover the cost of the participant's supervision and any other financial obligations incurred because of his participation in the supervised furlough program as provided by this article. The two departments shall jointly develop and approve written guidelines for the program to include, but not be limited to, the selection criteria and process, requirements for supervision, conditions for participation, and removal. The cooperative agreement between the two departments shall specify the responsibilities and authority for implementing and operating the program. Inmates approved and placed on the program must be under the supervision of agents of the Department of Probation, Parole, and Pardon Services who are responsible for ensuring the inmate's compliance with the rules, regulations, and conditions of the program as well as monitoring the inmate's employment and participation in any of the prescribed and authorized community-based correctional programs such as vocational rehabilitation, technical education, and alcohol/drug treatment. Eligibility criteria for the program include, but are not limited to, all of the following requirements:
(1) maintain a clear disciplinary record for at least six months prior to consideration for placement on the program;
(2) demonstrate to Department of Corrections' officials a general desire to become a law-abiding member of society;
(3) satisfy any other reasonable requirements imposed upon him by the Department of Corrections;
(4) have an identifiable need for and willingness to participate in authorized community-based programs and rehabilitative services;
(5) have been committed to the State Department of Corrections with a total sentence of five years or less as the first or second adult commitment for a criminal offense for which the inmate received a sentence of one year or more. The Department of Corrections shall notify victims pursuant to Section 16-3-1530(c) as well as the sheriff's office of the place to be released before releasing inmates through any supervised furlough program.
These requirements do not apply to the crimes referred to in this section."
SECTION 37. Section 24-13-720 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 24-13-720. Unless sentenced to life imprisonment, an inmate under the jurisdiction or control of the Department of Corrections who has not been convicted of a violent crime under the provisions of Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100 may Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of twenty years or more, within six months of the expiration of his sentence, may be placed with the program provided for in Section 24-13-710 and is subject to every rule, regulation, and condition of the program. No inmate otherwise eligible under the provisions of this section for placement with the program may be so placed unless he has qualified under the selection criteria and process authorized by the provisions of Section 24-13-710. He must also have maintained a clear disciplinary record for at least six months prior to eligibility for placement with the program."
SECTION 38. Section 24-13-1310(1)(c) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"(c) who has not been convicted of a violent crime as defined in Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100 Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of twenty years or more;"
SECTION 39. Section 24-21-30 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 24-21-30. (A) A person who commits a 'no parole offense' as defined in Section 24-13-100 crime on or after the effective date of this section is not eligible for parole consideration, but. A person who is convicted of a Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of twenty years or more must complete a community supervision program as set forth in Section 24-21-560 prior to before his discharge from the sentence imposed by the court. For all offenders who are eligible for parole, the board shall hold regular meetings, as may be necessary to carry out its duties, but at least four times each year, and as many extra meetings as the chairman, or the Governor acting through the chairman, may order. The board may preserve order at its meetings and punish any disrespect or contempt committed in its presence. The chairman may direct the members of the board to meet as three-member panels to hear matters relating to paroles and pardons as often as necessary to carry out the board's responsibilities. Membership on these panels shall be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall be considered the final decision of the board, and the panel may issue an order of parole with the same force and effect of an order issued by the full board pursuant to Section 24-21-650. Any vote that is not unanimous shall not be considered as a decision of the board, and the matter shall be referred to the full board which shall decide it based on a vote of a majority of the membership.
(B) The board may grant parole to an offender who commits a violent crime as defined in Section 16-1-60 before January 1, 1996 by a two-thirds vote of the full board unless prohibited by Section 24-21-640. The board may grant parole to an offender who commits a crime under Section 16-11-312(B), 44-53-370(e)(1)(a)(1), 44-53-370 (e)(2)(a)(1), 44-53-370 (e)(4)(a)(1), 44-53-370(e)(5)(a)(1), or 44-53-375(C)(1)(a) before the effective date of this section by a two-thirds majority vote of the full board. which is not included as a 'no parole offense' as defined in Section 24-13-100 on or after the effective date of this section by a two-thirds majority vote of the full board. The board may grant parole to an offender convicted of an offense which is not a violent crime as defined in Section 16-1-60 committed before the effective date of this section or a 'no parole offense' as defined in Section 24-13-100 by a unanimous vote of a three-member panel or by a majority vote of the full board.
Nothing in this subsection may be construed to allow any person who commits a 'no parole offense' as defined in Section 24-13-100 crime on or after the effective date of this section to be eligible for parole."
SECTION 40. Section 24-21-560 of the 1976 Code, as added by Act 83 of 1995, is amended to read:
"Section 24-21-560. (A) Notwithstanding any other another provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, any a sentence involving incarceration for a Class A, B, or C felony or a thirty-year murder sentence under Section 16-3-20 for a 'no parole offense' as defined in Section 24-13-100 must include any a term of incarceration and completion of a community supervision program operated by the Department of Probation, Parole, and Pardon Services. No A prisoner who is serving a sentence for a 'no parole offense' is not eligible to participate in a community supervision program until he has served the minimum period of incarceration as set forth in Section 24-13-150. A sentence for a term of incarceration less than twenty years imposed in general sessions court for a crime committed on or after the effective date of this act, in the discretion of the sentencing judge, may include a requirement for completion of a community supervision program. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from early release, discharge, or work release by any other provision of law to be eligible for early release, discharge, or work release.
(B) A community supervision program operated by the Department of Probation, Parole, and Pardon Services must last no more than two continuous years. The period of time a prisoner is required to participate in a community supervision program and the individual terms and conditions of a prisoner's participation shall be at the discretion of the department based upon guidelines developed by the director. A prisoner participating in a community supervision program must be supervised by a probation agent of the department. The department must determine when a prisoner completes a community supervision program, violates a term of community supervision, fails to participate in a program satisfactorily, or whether a prisoner should appear before the court for revocation of the community supervision program.
(C) If the department determines that a prisoner has violated a term of the community supervision program and the community supervision should be revoked, a probation agent must initiate a proceeding in General sessions court. The proceeding must be initiated pursuant to a warrant or a citation issued by a probation agent setting forth the violations of the community supervision program. The court shall determine whether:
(1) the terms of the community supervision program are fair and reasonable;
(2) the prisoner has complied with the terms of the community supervision program;
(3) the prisoner should continue in the community supervision program under the current terms;
(4) the prisoner should continue in the community supervision program under other terms and conditions as the court considers appropriate;
(5) the prisoner has wilfully violated a term of the community supervision program.
If the court determines that a prisoner has wilfully violated a term or condition of the community supervision program, the court may impose any other terms or conditions considered appropriate and may continue the prisoner on community supervision, or the court may revoke the prisoner's community supervision and impose a sentence of up to one year for violation of the community supervision program. A prisoner who is incarcerated for revocation of the community supervision program is not eligible to earn any type of credits which would reduce the sentence for violation of the community supervision program.
(D) If a prisoner's community supervision is revoked by the court and the court imposes a period of incarceration for the revocation, the prisoner also must complete a community supervision program of up to two years as determined by the department pursuant to subsection (B) when he is released from incarceration.
A prisoner who is sentenced for successive revocations of the community supervision program may be required to serve terms of incarceration for successive revocations, as provided in Section 24-21-560(C), and may be required to serve additional periods of community supervision for successive revocations, as provided in Section 24-21-560(D). The maximum aggregate amount of time the prisoner may be required to serve when sentenced for successive revocations may not exceed an amount of time equal to the length of incarceration imposed for the original 'no parole offense' offense. The original term of incarceration does not include any portion of a suspended sentence.
If a prisoner's community supervision is revoked due to a conviction for another offense, the prisoner must complete a community supervision program of up to two continuous years as determined by the department after the prisoner has completed the service of the sentence for the community supervision revocation and any other term of imprisonment which may have been imposed for the criminal offense, except when the subsequent sentence is death or life imprisonment.
(E) A prisoner who successfully completes a community supervision program pursuant to this section has satisfied his sentence and must be discharged from his sentence.
(F) The Department of Corrections must notify the Department of Probation, Parole, and Pardon Services of the projected release date of any inmate serving a sentence for a 'no parole offense' Class A, B, or C felony, a thirty-year sentence for murder under Section 16-3-20, or a sentence in which community supervision is ordered one hundred eighty days in advance of his release to community supervision. For an offender sentenced to one hundred eighty days or less, the Department of Corrections immediately must notify the Department of Probation, Parole, and Pardon Services.
(G) Victims registered pursuant to Section 16-3-1530(c) and the sheriff's office in the county where a prisoner sentenced for a 'no parole offense' Class A, B, or C felony or a thirty-year sentence for murder under Section 16-3-20, is to be released must be notified by the Department of Probation, Parole, and Pardon Services when the prisoner is released to a community supervision program."
SECTION 41. Section 24-26-10(A) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"(A) There is established the South Carolina Sentencing Guidelines Commission composed of thirteen fourteen voting members as follows:
(1) a justice of the Supreme Court, appointed by the Chief Justice of the Supreme Court;
(2) two circuit court judges, appointed by the Chief Justice of the Supreme Court;
(3) three members of the Senate to be designated by the chairman of the Senate Judiciary Committee;
(4) three members of the House designated by the chairman of the House Judiciary Committee;
(5) an attorney, experienced in the practice of criminal law, appointed by the Governor from a list of candidates submitted by the President of the South Carolina Bar;
(6) the Dean of the Law School of the University of South Carolina or his designee;
(7) the South Carolina Attorney General, or his designee, to serve ex officio;
(8) a solicitor appointed by the Chairman of the South Carolina Circuit Solicitors' Association;
(9) an attorney, experienced in the practice of criminal defense, designated by the chairman of the House Judiciary Committee from a list of candidates submitted by the President of the South Carolina Association of Criminal Defense Lawyers."
SECTION 42. Sections 2-13-66, 16-1-90, 16-1-100, 16-1-110, and 24-13-100 of the 1976 Code are repealed.
SECTION 43. If any section, paragraph, provision, or portion of this act is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declares that the provisions of this act are severable from each other.
SECTION 44. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. Except as otherwise provided, the provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.
SECTION 45. Article 7, Chapter 3 of Title 23 of the 1976 Code, as last amended by Act 444 of 1996, is further amended to read:
Section 23-3-400. The intent of this article is to promote the state's fundamental right to provide for the public health, welfare, and safety of its citizens. Notwithstanding this legitimate state purpose, these provisions are not intended to violate the guaranteed constitutional rights of those who have violated our nation's laws.
The sex offender registry will provide law enforcement with the tools needed in investigating criminal offenses. Statistics show that sex offenders often pose a high risk of re-offending. Additionally, law enforcement's efforts to protect communities, conduct investigations, and apprehend offenders who commit sex offenses, are impaired by the lack of information about these convicted offenders who live within the law enforcement agency's jurisdiction.
Section 23-3-410. The registry is under the direction of the chief of the State Law Enforcement Division (SLED) and shall contain information the chief considers necessary to assist law enforcement in the location of persons convicted of certain offenses. SLED shall develop and operate the registry to collect, analyze, and maintain information, ; to make information available to every enforcement agency in this State and in other states,; and to establish a security system to ensure that only authorized persons may gain access to information gathered under this article.
Section 23-3-420. The State Law Enforcement Division shall promulgate regulations to implement the provisions of this article.
Section 23-3-430. (A) Any person, regardless of age, residing in the State of South Carolina who in this State has been convicted of, adjudicated delinquent for, pled guilty or nolo contendere to in this State of an offense described below, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in any comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts of a similar offense, or who has been convicted of, adjudicated delinquent of for, pled guilty or nolo contendere to an offense for which the person was required to register in the state where the conviction or plea occurred shall be required to register pursuant to the provisions of this article.
(B) For purposes of this article, a person who remains in this State for a total of thirty days during a twelve-month period is a resident of this State.
(C) For purposes of this article, a person who has been convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses shall be referred to as an offender:
(1) criminal sexual conduct in the first degree (Section 16-3-652);
(2) criminal sexual conduct in the second degree (Section 16-3-653);
(3) criminal sexual conduct in the third degree (Section 16-3-654);
(4) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(5) criminal sexual conduct with minors, second degree (Section 16-3-655(2) and (3). If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3), or consensual sexual conduct between persons under the age of sixteen years of age, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;
(6) engaging a child for sexual performance (Section 16-3-810);
(7) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(8) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
(9) incest (Section 16-15-20);
(10) buggery (Section 16-15-120);
(11) committing or attempting lewd act upon child under fourteen sixteen (Section 16-15-140);
(12) eavesdropping or peeping (Section 16-17-470);
(13) violations of Article 3, Chapter 15 of Title 16 involving a minor which violations are felonies;
(14) A person, regardless of age, who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in this State, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in a comparable court in the United States, or who has been convicted, adjudicated delinquent, pled guilty or nolo contendere in the United States federal courts of indecent exposure or of a similar offense in other jurisdictions is required to register pursuant to the provisions of this article if the court makes a specific finding on the record that based on the circumstances of the case the convicted person should register as a sex offender.
(15) kidnapping (Section 16-3-910) except when the court makes a finding on the record that the offense did not include a criminal sexual offense.
(D) Upon conviction, adjudication of delinquency, guilty plea, or plea of nolo contendere of a person of an offense not listed in this article, the presiding judge may order as a condition of sentencing that the person be included in the sex offender registry if good cause is shown by the solicitor.
(E) SLED shall remove a person's name and any other information concerning that person from the sex offender registry immediately upon notification by the Attorney General that the person's adjudication, conviction, guilty plea, or plea of nolo contendere for an offense listed in Section 23-3-430(C) was reversed, overturned, or vacated on appeal and a final judgement has been rendered.
Section 23-3-440. (1) Prior to an offender's release from the Department of Corrections after completion of the term of imprisonment, or being placed on parole, the Department of Corrections or the Department of Probation, Parole, and Pardon Services, as applicable, shall notify the sheriff of the county where the offender intends to reside and SLED that the offender is being released and has provided an address within the jurisdiction of the sheriff for that county. The Department of Corrections shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside within twenty-four hours of his release. Further, the Department of Corrections shall obtain descriptive information of the offender, including a current photograph prior to release.
(2) The Department of Probation, Parole, and Pardon Services shall notify SLED and the sheriff of the county where an offender is residing when the offender is sentenced to probation or is a new resident of the State who must be supervised by the department. The Department of Probation, Parole, and Pardon Services also shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside. An offender who is sentenced to probation must register within ten days of sentencing. Further, the Department of Probation, Parole, and Pardon Services shall obtain descriptive information of the offender, including a current photograph that is to be updated annually prior to expiration of the probation sentence.
(3) The Department of Juvenile Justice shall notify SLED and the sheriff of the county where an offender is residing when the offender is released from a Department of Juvenile Justice facility or when the Department of Juvenile Justice is required to supervise the actions of the juvenile. The Department of Juvenile Justice must provide verbal and written notification to the juvenile and his parent, legal guardian, or custodian that the juvenile must register with the sheriff of the county in which the juvenile resides. The juvenile must register within twenty-four hours of his release or within ten days if he was not confined to a Department of Juvenile Justice's facility. The parents or legal guardian of a person under seventeen years of age who is required to register under this chapter must ensure that the person has registered.
(4) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, and the Department of Juvenile Justice shall provide to SLED the initial registry information regarding the offender prior to his release from imprisonment or relief of supervision. This information shall be collected in the event the offender fails to register with his county sheriff.
Section 23-3-450. The offender shall register with the sheriff of the county in which he resides. To register, the offender must provide information as prescribed by SLED. The county sheriff shall then forward to SLED the registry information and any updated information regarding the offender. The sheriff in the county in which the offender resides shall forward all required registration information to SLED within five business days. A copy of this information must be kept by the sheriff's department. The county sheriff shall ensure that all information required by SLED is secured and shall establish specific times of the day during which an offender may register. An offender shall not be considered to have registered until all information prescribed by SLED has been obtained provided to the sheriff.
Section 23-3-460. Any person required to register under this article shall be required to register annually for a period of life. The offender shall register at the sheriff's department in the county where he resides. A person determined by a court to be a sexually violent predator pursuant to state law is required to verify registration and be photographed every ninety days by the sheriff's department in the county in which he resides unless the person is committed to the custody of the State, whereby verification shall be held in abeyance until his release.
If any person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence.
If any person required to register under this article changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The person must also provide written notice within ten days of the change of address in the previous county to the county sheriff with whom the person last registered.
If any person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered.
Any person required to register under this article who moves to South Carolina from another state and is not under the jurisdiction of the Department of Corrections, the Department of Probation, Parole, and Pardon Services, or the Department of Juvenile Justice at the time of moving to South Carolina, must register within sixty ten days of establishing residence in this State.
The sheriff of the county in which the person resides must forward all changes to any information provided by a person required to register under this article to SLED within five business days.
The South Carolina Department of Public Safety, Division of Motor Vehicles, shall inform, in writing, any new resident who applies for a driver's license, a chauffeur's license, vehicle tag, or a state identification card of the obligation of those sex offenders to register. The department also shall inform, in writing, a person renewing a driver's license, chauffeur's license, vehicle tag, or state identification card of the requirement for sex offenders to register.
Section 23-3-470. (A) It is the duty of the offender to contact the sheriff in order to register. If an offender fails to register as required by this article, he must be punished as provided in subsection (B).
(B)(1) A person convicted for a first offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted.
(2) A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of one year, no part of which shall be suspended nor probation granted.
(3) A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted.
Section 23-3-475. (A) Anyone who knowingly and wilfully gives false information when registering as an offender pursuant to this article must be punished as provided in subsection (B).
(B)(1) A person convicted for a first offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted.
(2) A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of one year, no part of which shall be suspended nor probation granted.
(3) A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted.
Section 23-3-480. (A) An arrest on charges of failure to register, service of an information or complaint for failure to register, or arraignment on charges of failure to register, constitutes actual notice of the duty to register. A person charged with the crime of failure to register who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice through arrest, service, or arraignment. Failure to register after notice as required by this article constitutes grounds for filing another charge of failure to register. Registering following arrest, service, or arraignment on charges does not relieve the offender from the criminal penalty for failure to register before the filing of the original charge.
(B) Section 23-3-470 shall not apply to a person convicted of an offense provided in Section 23-3-420 23-3-430 prior to July 1, 1994, and who was released from custody prior to July 1, 1994, unless the person has been served notice of the duty to register by the sheriff of the county in which the person resides. This person shall register within ten days of the notification of the duty to register.
Section 23-3-490. (A) Information collected for the offender registry is open to public inspection, upon request to the county sheriff. A sheriff must release information regarding a specific person who is or persons required to register under this article to a member of the public if the request is made in writing, on a form prescribed by SLED, stating the name of the person requesting the information, and the name or address of the person or persons about whom the information is sought. The information must be disclosed only to the person making the request. The sheriff must provide the person making the request with the full name names of the requested registered sex offender offenders, any aliases, any other identifying physical characteristics, the each offender's date of birth, a current the home address on file, the offense for which the offender was required to register pursuant to Section 23-3-430, and the date, city, and state of conviction. A photocopy of a current photograph must also be provided. The provisions of this article do not authorize SLED to release information to the public unless a request is made in writing stating the name of the person making the request and the name of the person about whom information is sought. SLED is only authorized to release to the public the name of the county in which the offender is registered. Otherwise, SLED is not authorized to release any information contained in the registry to anyone other than law enforcement agencies, investigative agencies, and those agencies authorized by the court.
(B) A person may request on a form prescribed by SLED a list of registered sex offenders residing in a city, county, or zip code zone or a list of all registered sex offenders within the State from SLED. A person may request information regarding a specific person who is required to register under this article from SLED if the person requesting the information provides the name or address of the person about whom the information is sought. SLED shall provide the person making the request with the full names of the requested registered sex offenders, any aliases, any other identifying physical characteristics, each offender's date of birth, the home address on file, the offense for which the offender was required to register pursuant to Section 23-3-430, and the date, city, and state of conviction. The State Law Enforcement Division may charge a reasonable fee to cover the cost of copying and distributing sex offender registry lists as provided for in this section. These funds must be used for the sole purpose of offsetting the cost of providing sex offender registry lists.
(B)(C) Nothing in subsection (A) prohibits a sheriff from disseminating information contained in that subsection regarding a specific person who is required to register under this article if the sheriff or another law enforcement officer is presented with facts giving rise to a reasonable suspicion of criminal activity and has reason to believe the release of this information will deter the criminal activity.
(C)(D) For purposes of this article, information on a juvenile person adjudicated delinquent in family court for an offense listed in Section 23-3-430 must not be made available to the public in accordance with the following provisions:
(1) If a person has been adjudicated delinquent for committing any of the following offenses, information must be made available to the public pursuant to subsections (A) and (B):
(a) criminal sexual conduct in the first degree (Section 16-3-652);
(b) criminal sexual conduct in the second degree (Section 16-3-653);
(c) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
(d) criminal sexual conduct with minors, second degree (Section 16-3-655(2) and (3));
(e) engaging a child for sexual performance (Section 16-3-810);
(f) producing, directing, or promoting sexual performance by a child (Section 16-3-820); or
(g) kidnapping (Section 16-3-910).
(2) Information shall only be made available, upon request, to victims of or witnesses to the offense, public or private schools, child day care centers, family day care centers, businesses or organizations that primarily serve children, women, or vulnerable adults, as defined in Section 43-35-10(11), for persons adjudicated delinquent for committing any of the following offenses:
(a) criminal sexual conduct in the third degree (Section 16-3-654);
(b) criminal sexual conduct: assaults with intent to commit (Section 16-3-656);
(c) criminal sexual conduct with a minor: assaults with intent to commit (Section 16-3-656);
(d) committing or attempting lewd act upon child under sixteen (Section 16-15-140);
(e) peeping (Section 16-17-470):
(f) incest (Section 16-15-20);
(g) buggery (Section 16-15-120);
(h) violations of Article 3, Chapter 15 of Title 16 involving a minor, which violations are felonies; or
(i) indecent exposure.
(3) A person who is under twelve years of age at the time of his adjudication, conviction, guilty plea, or plea of nolo contendere for a first offense of any offense listed in Section 23-3-430(C) shall be required to register pursuant to the provisions of this chapter; however, the person's name or any other information collected for the offender registry shall not be made available to the public.
(4) A person who is under twelve years of age at the time of his adjudication, conviction, guilty plea, or plea of nolo contendere for any offense listed in Section 23-3-430(C) and who has a prior adjudication, conviction, guilty plea, or plea of nolo contendere for any offense enumerated in Section 23-3-430 shall register pursuant to the provisions of this chapter, and all registry information concerning that person must be made available to the public pursuant to items (1) and (2).
(5) Nothing in this section prohibits the dissemination of all registry information to law enforcement.
(E) For purposes of this section, use of computerized or electronic transmission of data or other electronic or similar means is permitted.
Section 23-3-500. A court must order that a child under twelve years of age who is convicted of, pleads guilty or nolo contendere to, or is adjudicated for an offense listed in Section 23-3-430(C) be given appropriate psychiatric or psychological treatment to address the circumstances of the offense for which the child was convicted, pled guilty or nolo contendere, or adjudicated.
Section 23-3-510. A person who commits a criminal offense using information from the sex offender registry disclosed to him pursuant to Section 23-3-490, upon conviction, must be punished as follows:
(1) For a misdemeanor offense, the maximum fine prescribed by law for the offense may be increased by not more than one thousand dollars, and the maximum term of imprisonment prescribed by law for the offense may be increased by not more than six months.
(2) For a felony offense, the maximum term of imprisonment prescribed by law for the offense may be increased by not more than five years.
Section 23-3-520. (A) An appointed or elected public official, public employee, or public agency is immune from civil liability for damages for any act or omission under this article unless the official's, employee's, or agency's conduct constitutes gross negligence.
(B) Nothing in this chapter imposes an affirmative duty on a person to disclose to a member of the public information from the sex offender registry other than on those persons responsible for providing registry information pursuant to their official duties as provided for in this chapter.
(C) Nothing in this section may be construed to mean that information regarding persons on the sex offender registry is confidential except as otherwise provided by law."
SECTION 46. Section 20-7-7805(A)(6), as added by Act 383 of 1996, is amended to read:
"(6) dismiss the petition or otherwise terminate its jurisdiction at any time, on the motion of either party or on its own motion. require that a child under twelve years of age who is adjudicated delinquent for an offense listed in Section 23-3-430(C) be given appropriate psychiatric or psychological treatment to address the circumstances of the offense for which the child was adjudicated; and
(7) dismiss the petition or otherwise terminate its jurisdiction at any time on the motion of either party or on its own motion."
SECTION 47. Section 20-7-8510 of the 1976 Code, as added by Act 383 of 1996, is amended by adding an appropriately numbered subsection to read:
"( ) The provisions of this section do not prohibit the distribution of information pursuant to the provisions of Article 7, Chapter 3 of Title 23."
SECTION 48. If any section, paragraph, provision, or portion of this act is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this act. The General Assembly hereby declares that the provisions of this act are severable from each other.
SECTION 49. Chapter 1, Title 25 of the 1976 Code is amended by adding:
Section 25-1-3300. This article is known and may be cited as the South Carolina Truth in Military Confinement Act.
Section 25-1-3310. Military personnel subject to the Code of Military Justice as provided in this title who are sentenced to a period of confinement pursuant to a general, special, or summary court martial for a criminal or other offense which has been passed upon by the appropriate reviewing authority shall serve the full term of the confinement for which early release for any portion shall not be granted for any reason."
SECTION 50. Section 22 of this act takes effect upon ratification of the constitutional amendment contained in an act of 1998 bearing Ratification Number 277. Section 25, Sections 29 through 42, and the repeal of Section 24-13-100 take effect one year after approval of this act by the Governor and apply to all crimes committed on and after that date. The remainder of this act and the repeal of Sections 2-13-66, 16-1-90, 16-1-100, and 16-1-110 take effect upon approval by the Governor.