Current Status Bill Number:
863Ratification Number: 413Act Number: 401Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19980114Primary Sponsor: HollandAll Sponsors: Holland, Washington and ShortDrafted Document Number: jud9013.dhhDate Bill Passed both Bodies: 19980603Date of Last Amendment: 19980602Governor's Action: U Became law without signature of GovernorDate of Governor's Action: 19980611Subject: Criminal domestic violence, Domestic Relation; Prisoner, early parole for inmate, filing for post-conviction relief
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19980630 Act No. A401 ------ 19980611 Unsigned, became law without signature of Governor ------ 19980604 Ratified R413 Senate 19980603 Concurred in House amendment, enrolled for ratification House 19980603 Read third time, returned to Senate with amendment House 19980602 Read second time House 19980602 Amended House 19980527 Committee report: Favorable with 25 HJ amendment House 19980218 Introduced, read first time, 25 HJ referred to Committee Senate 19980217 Read third time, sent to House Senate 19980212 Read second time Senate 19980212 Committee amendment adopted Senate 19980211 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 SJView additional legislative information at the LPITS web site.
(A401, R413, S863)
AN ACT TO AMEND SECTION 16-25-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS FOR EARLY PAROLE FOR CERTAIN OFFENDER VICTIMS OF SPOUSAL ABUSE, SO AS TO PROVIDE THAT AN INMATE WHO IS SENTENCED FOR AN OFFENSE AGAINST A HOUSEHOLD MEMBER AND PRESENTS EVIDENCE OF CRIMINAL DOMESTIC VIOLENCE SUFFERED AT THE HANDS OF THE HOUSEHOLD MEMBER WHEN HE WAS CONVICTED OF, OR PLED GUILTY OR NOLO CONTENDERE TO THE OFFENSE OR IN POST-CONVICTION PROCEEDINGS PERTAINING TO THE PLEA OR CONVICTION IS ELIGIBLE FOR PAROLE AFTER SERVING ONE-FOURTH OF HIS TERM, AND TO PROVIDE THAT THIS PROVISION DOES NOT EFFECT THE FILING PROCEDURES FOR POST-CONVICTION RELIEF APPLICATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Eligibility for parole
SECTION 1. Section 16-25-90 of the 1976 Code, as added by Act 7 of 1995, is amended to read:
Section 16-25-90. Notwithstanding any provision of Chapters 13 and 21 of Title 24, and notwithstanding any other provision of law, an inmate who was convicted of, or pled guilty or nolo contendere to, an offense against a household member shall be eligible for parole after serving one-fourth of his prison term when the inmate at the time he pled guilty to, nolo contendere to, or was convicted of an offense against the household member, or in post-conviction proceedings pertaining to the plea or conviction, presented credible evidence of a history of criminal domestic violence, as provided in Section 16-25-20, suffered at the hands of the household member. This section shall not affect the provisions of Section 17-27-45.
SECTION 2. This act takes effect upon approval by the Governor.
Became law without the signature of the Governor -- 06/11/98.