H*3517 Session 111 (1995-1996)
H*3517(Rat #0328, Act #0292 of 1996) General Bill, By J.H. Hodges
A Bill to amend Sections 14-1-206 and 14-1-209, Code of Laws of South
Carolina, 1976, relating to assessments to be imposed in criminal cases in
certain courts, so as to exclude the Family Court; to amend Section 16-19-10,
relating to the imposition of certain criminal penalties, so as to further
provide for the penalties to be imposed and for the distribution of the
required fine; to amend Section 17-15-260, relating to the disposition of
certain bail and recognizances, so as to provide for the manner in which funds
to be deposited in the State General Fund must be transmitted to the State
Treasurer; to amend Section 23-31-190, as amended, relating to the penalties
for pistol or firearm violations, so as to further provide for the
distribution of the required fine; and to repeal Section 24-23-220, relating
to the payment and distribution of certain assessments and restitution
charges.-amended title
02/07/95 House Introduced, read first time, placed on calendar
without reference HJ-10
02/09/95 House Debate adjourned until Tuesday, February 14, 1995 HJ-6
02/14/95 House Debate adjourned until Wednesday, February 15,
1995 HJ-23
02/15/95 House Debate adjourned until Thursday, February 16,
1995 HJ-31
02/16/95 House Amended HJ-17
02/16/95 House Debate adjourned until Tuesday, February 21, 1995 HJ-17
02/21/95 House Debate adjourned until Wednesday, February 22,
1995 HJ-14
02/22/95 House Amended HJ-11
02/22/95 House Read second time HJ-12
02/23/95 House Read third time and sent to Senate HJ-19
02/28/95 Senate Introduced and read first time SJ-13
02/28/95 Senate Referred to Committee on Judiciary SJ-13
03/06/96 Senate Committee report: Favorable with amendment
Judiciary SJ-21
04/02/96 Senate Amended SJ-25
04/02/96 Senate Read second time SJ-25
04/04/96 Senate Amended SJ-23
04/04/96 Senate Read third time and returned to House with
amendments SJ-23
04/11/96 House Debate adjourned on Senate amendments until
Tuesday, April 16, 1996 HJ-51
04/17/96 House Concurred in Senate amendment and enrolled HJ-58
04/30/96 Ratified R 328
05/06/96 Signed By Governor
05/06/96 Effective date 05/06/96
05/16/96 Copies available
05/16/96 Act No. 292
(A292, R328, H3517)
AN ACT TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN
CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT;
TO AMEND SECTION 16-19-10, RELATING TO THE IMPOSITION
OF CERTAIN CRIMINAL PENALTIES, SO AS TO FURTHER
PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE
DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION
17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL
AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER
IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL
FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO
AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE
PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO
FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED
FINE; AND TO REPEAL SECTION 24-23-220, RELATING TO THE
PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS
AND RESTITUTION CHARGES.
Be it enacted by the General Assembly of the State of South
Carolina:
Family court excluded
SECTION 1. Section 14-1-206(A) of the 1976 Code, as added by
Section 36, Part II, Act 497 of 1994, is amended to read:
"(A) Beginning January 1, 1995, and continuously after that
date, a person who is convicted, pleads guilty or nolo contendere to, or
forfeits bond for an offense tried in general sessions court must pay an
amount equal to sixty-two percent of the fine imposed as an assessment.
This assessment must be paid to the clerk of court in the county in which
the criminal judgment is rendered for remittance to the State Treasurer by
the county treasurer. The assessment is based upon that portion of the
fine that is not suspended and assessments must not be waived, reduced,
or suspended."
Family court excluded
SECTION 2. Section 14-1-209(A) of the 1976 Code, as added by
Section 36, Part II, Act 497 of 1994, is amended to read:
"(A) If a payment for a fine and assessment levied in the circuit
court is made in installments, the clerk of court must treat sixty-two
percent of each installment as payment for a fine and distribute it
pursuant to Section 14-1-205 and thirty-eight percent of each installment
as payment for an assessment and distribute it pursuant to Section
14-1-206."
Penalties revised; distribution of fine
SECTION 3. Section 16-19-10 of the 1976 Code is amended to read:
"Section 16-19-10. Whoever shall publicly or privately erect, set
up, or expose to be played or drawn at or shall cause or procure to be
erected, set up, or exposed to be played, drawn, or thrown at any lottery
under the denomination of sales of houses, lands, plate, jewels, goods,
wares, merchandise, or other things whatsoever or for money or by any
undertaking whatsoever, in the nature of a lottery, by way of chances,
either by dice, lots, cards, balls, numbers, figures, or tickets or who shall
make, write, print or publish, or cause to be made, written, or published
any scheme or proposal for any of the purposes aforesaid is guilty of a
misdemeanor and, upon conviction, must be fined one thousand dollars
and imprisoned for one year. One-third of the fine imposed shall be paid
to the person, if any, who informed law enforcement officials or other
appropriate authorities about the violation which led to the conviction.
Each violation constitutes a separate offense."
Transmittal of funds
SECTION 4. Section 17-15-260 of the 1976 Code, as added by Section
80A, Part II of Act 164 of 1993, is amended to read:
"Section 17-15-260. The funds collected pursuant to this chapter
must be remitted in the following manner: twenty-five percent to the
general fund of the State, twenty-five percent to the solicitor's office in
the county in which the forfeiture is ordered, and fifty percent to the
county general fund of the county in which the forfeiture is ordered.
However, if the case in which forfeiture is ordered is originated by a
municipality, the funds collected pursuant to this chapter must be
remitted in the following manner: twenty-five percent to the general fund
of the State, twenty-five percent to the solicitor's office in the county in
which the forfeiture is ordered, and twenty-five percent to the county
general fund of the county in which the forfeiture is ordered and
twenty-five percent to the municipality.
All funds to be deposited in the state general fund shall be transmitted
to the State Treasurer."
Distribution of fine
SECTION 5. Section 23-31-190 of the 1976 Code, as amended by Act
184 of 1993, is further amended to read:
"Section 23-31-190. A person, including a dealer who violates
the provisions of this article is guilty of a felony and, upon conviction,
must be fined not more than two thousand dollars or imprisoned not
more than five years, or both.
In addition to the penalty provided in this section the pistol involved
in the violation must be confiscated. The pistol must be delivered to the
chief of police of the municipality or to the sheriff of the county, if the
violation occurred outside the corporate limits of a municipality. The law
enforcement agencies that receive the confiscated pistols may use them
within their department, transfer them to another law enforcement
agency, or destroy them. Records must be kept of all confiscated pistols
received by the law enforcement agencies under the provisions of this
article."
Repeal
SECTION 6. Section 24-23-220 of the 1976 Code is repealed.
Time effective
SECTION 7. This act takes effect upon approval by the Governor.
Approved the 6th day of May, 1996. |