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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.
Read the first time February 13, 2001.
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
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.
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
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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