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TO AMEND SECTION 16-11-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY UNDER THE PROTECTION OF PERSONS AND PROPERTY ACT, SO AS TO GRANT A PERSON THE RIGHT TO APPEAL A COURT FINDING THAT THE PERSON IS NOT ENTITLED TO IMMUNITY NOTWITHSTANDING A SUBSEQUENT GUILTY PLEA TO THE SAME UNDERLYING OFFENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-11-450 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( ) A person has the right to appeal a court determination that the person is not entitled to immunity pursuant to the provisions of this article. A subsequent guilty plea to the same underlying offense does not bar judicial review of the initial immunity determination notwithstanding any other judicial rules of waiver applicable to guilty plea proceedings."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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