South Carolina General Assembly
114th Session, 2001-2002

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Bill 310

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Indicates New Matter

                    Current Status

Bill Number:                      310
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010213
Primary Sponsor:                  Anderson
All Sponsors:                     Anderson, Ford, Elliott, Reese, 
                                  Patterson, Glover, Ravenel and Pinckney
Drafted Document Number:          l:\council\bills\pt\1203dw01.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Probation, Parole and Pardon Services 
                                  Department to notify person when parole 
                                  served, voter registration, Elections


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020514  Recommitted to Committee               11 SJ
------  20020214  Scrivener's error corrected
Senate  20020213  Committee report: Favorable with       11 SJ
                  amendment
Senate  20010301  Committed to Committee                 11 SJ
Senate  20010301  Recalled from Committee                03 SCP
Senate  20010213  Introduced, read first time,           03 SCP
                  referred to Committee


              Versions of This Bill
Revised on February 13, 2002 - Word format
Revised on February 14, 2002 - Word format
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

February 13, 2002

    S. 310

Introduced by Senators Anderson, Ford, Elliott, Reese, Patterson, Glover, Ravenel and Pinckney

S. Printed 2/13/02--S.    [SEC 2/14/02 4:43 PM]

Read the first time February 13, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (S. 310) to amend the Code of Laws of South Carolina, 1976, by adding Section 24-21-665 so as to require the Department of Probation, Parole and Pardon Services to notify, etc., respectfully

REPORT:

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

    Amend the bill, as and if amended, page 1, beginning on line 22, by striking all after the enacting words and inserting therein the following:

    SECTION    1.    Section 7-3-20(C) of the 1976 Code is amended by adding an appropriately numbered item to read:

    "( )     remove from the list of persons disqualified from registering or voting, any person who was disqualified pursuant to Section 7-5-120(B)(2) or (B)(3), after receiving notice as prescribed in Section 24-13-90 or Section 24-21-665."

    SECTION    2.    Section 7-5-120 of the 1976 Code is amended to read:

    "Section 7-5-120.    (A)    Every citizen of this State and the United States who applies for registration must be registered if he meets the following qualifications:

        (1)    meets the age qualification as provided in Section 4, Article II of the Constitution of this State;

        (2)    is not laboring under disabilities named in the Constitution of 1895 of this State; and

        (3)    is a resident in the county and in the polling precinct in which the elector offers to vote.

    (B)    A person is disqualified from being registered or voting if he:

        (1)    is mentally incompetent as adjudicated by a court of competent jurisdiction; or

        (2)    is serving a term of imprisonment resulting from a conviction of a crime; or

        (3)    is convicted of a felony or offenses against the election laws, unless the disqualification has been removed by service of the sentence, including periods of probation, and parole, and community supervision time unless sooner pardoned.

        (4)    A person who is disqualified from registration and voting pursuant to subsection (B) must complete a new registration application after the disqualification is removed."

    SECTION    3.    Article 1, Chapter 13, Title 24 of the 1976 Code is amended by adding:

    "Section 24-13-90.    (A)    When a person is released from the custody of the department because he has completed his term of imprisonment, the department must notify the person, in writing, that he is eligible to register to vote and to vote in the manner prescribed by law.

    (B)    When a person is released from the custody of the department because he has completed his term of imprisonment, the department must notify the State Election Commission, in electronic form, that the person has completed his sentence and is, therefore, no longer disqualified from registering or voting under the provisions of Section 7-5-120.

    (C)    The provisions of subsections (A) and (B) do not apply to a person who was convicted of a felony or an offense against the election laws, unless the department verifies that the person's entire sentence has been completed."

    SECTION    4.    Article 7, Chapter 21, Title 24 of the 1976 Code is amended by adding:

    "Section 24-21-665.    (A)    When a person has completed service of a period of probation, parole, or community supervision, the department must notify the person, in writing, that he is eligible to register to vote and to vote in the manner prescribed by law.

    (B)    When a person has completed service of a period of probation, parole, or community supervision the department must notify the State Election Commission, in electronic form, that the person has completed the period of probation, parole, or community supervision, and is, therefore, no longer disqualified from registering or voting under the provisions of Section 7-5-120."

    SECTION    5.     This act takes effect upon approval by the Governor and applies to (1) persons released from custody after its effective date and (2) persons who have completed service of probation, parole, or community supervision after its effective date.        /

    Renumber sections to conform.

    Amend title to conform.

LARRY A. MARTIN for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

    The SC Department of Probation, Parole & Pardon forecasts a minimal fiscal impact to the General Fund of the State with the passage of the proposed legislation. There would be no fiscal impact on federal and/or other funds.

    Approved By:

    Don Addy

    Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-665 SO AS TO REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO NOTIFY A PERSON AFTER HE HAS SERVED HIS PAROLE AND THE APPROPRIATE COUNTY BOARD OF REGISTRATION THAT THE PERSON IS ELIGIBLE TO VOTE.

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 24-21-665.    The department shall notify, in writing, a person after he has served his parole and the board of registration of the county of residence of the person that he is eligible to vote pursuant to the provisions of Section 7-5-120(B)(3)."

SECTION    2.    This act takes effect upon approval by the Governor.

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