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A25, R66, S224

STATUS INFORMATION

General Bill
Sponsors: Senator Hutto
Document Path: l:\s-jud\bills\hutto\jud0025.cbh.doc

Introduced in the Senate on January 21, 2003
Introduced in the House on February 26, 2003
Last Amended on April 23, 2003
Passed by the General Assembly on April 29, 2003
Governor's Action: May 14, 2003, Signed

Summary: Youthful offender, definition

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/21/2003  Senate  Introduced and read first time SJ-230
   1/21/2003  Senate  Referred to Committee on Judiciary SJ-230
   2/19/2003  Senate  Committee report: Favorable Judiciary SJ-17
   2/20/2003  Senate  Read second time SJ-18
   2/25/2003  Senate  Read third time and sent to House SJ-22
   2/26/2003  House   Introduced and read first time HJ-10
   2/26/2003  House   Referred to Committee on Judiciary HJ-11
   4/16/2003  House   Committee report: Favorable with amendment Judiciary HJ-2
   4/17/2003          Scrivener's error corrected
   4/23/2003  House   Amended HJ-52
   4/23/2003  House   Read second time HJ-53
   4/24/2003  House   Read third time and returned to Senate with amendments 
                        HJ-27
   4/29/2003  Senate  Concurred in House amendment and enrolled SJ-44
    5/8/2003          Ratified R 66
   5/14/2003          Signed By Governor
   5/23/2003          Copies available
   5/23/2003          Effective date 05/14/03
   6/11/2003          Act No. 25

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/21/2003
2/19/2003
4/16/2003
4/17/2003
4/23/2003

(A25, R66, S224)

AN ACT TO AMEND SECTION 24-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT THE TERM "YOUTHFUL OFFENDER" INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY; AND BY ADDING SECTION 40-5-390 SO AS TO PROVIDE THAT IN ANY CRIMINAL CASE AN ATTORNEY MAY CHARGE A NONREFUNDABLE FLAT FEE.

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

Youthful offender

SECTION    1.    Section 24-19-10 of the 1976 Code, as last amended by Act 441 of 1996, is further amended to read:

"Section 24-19-10.    As used herein:

(a)    'Department' means the Department of Corrections.

(b)    'Division' means the Youthful Offender Division.

(c)    'Director' means the Director of the Department of Corrections.

(d)    'Youthful offender' means an offender who is:

(i)        under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-7605 for allegedly committing an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of fifteen years or less, or

(ii)    seventeen but less than twenty-five years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, or a felony which provides for a maximum term of imprisonment of fifteen years or less.

(e)    'Treatment' means corrective and preventive guidance and training designed to protect the public by correcting the antisocial tendencies of youthful offenders; this may also include vocational and other training considered appropriate and necessary by the division.

(f)    'Conviction' means a judgment in a verdict or finding of guilty, plea of guilty, or plea of nolo contendere to a criminal charge where the imprisonment is at least one year, but excluding all offenses in which the maximum punishment provided by law is death or life imprisonment."

Nonrefundable fee

SECTION    2.    Article 5, Chapter 5, Title 40 of the 1976 Code is amended by adding:

"Section 40-5-390.    In any criminal case, an attorney may charge a nonrefundable flat fee."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 8th day of May, 2003.

Approved the 14th day of May, 2003.

This web page was last updated on Monday, December 7, 2009 at 10:15 A.M.