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| Rep. KIRSH explained the Bill.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3672 -- Reps. Shissias, R. Smith, Stone, Corning, Harrison, Simrill, Riser, Wright, Koon, Hallman, Walker, Byrd, Meacham, Wells, Phillips, Littlejohn, Davenport and Cato: A BILL TO AMEND SECTION 20-7-1145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPRESENTATION OF AN OBLIGEE UNDER AN OUT-OF-STATE CHILD SUPPORT ORDER, SO AS TO PROVIDE THAT THE PROSECUTING ATTORNEY SHALL REPRESENT THE STATE RATHER THAN THE OBLIGEE IN THESE MATTERS.
H. 3935 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-595 SO AS TO PERMIT CLERKS OF COURT TO MAINTAIN ANY PUBLIC RECORD IN A COMPUTER SYSTEM SO LONG AS THERE IS A BACK-UP COPY MAINTAINED; TO AMEND SECTION 14-23-1100, RELATING TO DUTIES OF CLERKS OF COURT, SECTION 14-23-1130, AS AMENDED, RELATING TO RECORDS OF PROBATE COURT, AND SECTION 16-3-25, RELATING TO REPORTS OF THE SUPREME COURT IN DEATH PENALTY CASES, SO AS TO REVISE THESE SECTIONS SO THAT ALL SUCH RECORDS MAY BE MAINTAINED, DUTIES CARRIED OUT, AND FORMS SET UP IN A STANDARD FORMAT TO FACILITATE THE USE OF A COMPUTER SYSTEM OR RELATED EQUIPMENT.
Rep. COOPER moved to adjourn debate upon the following Bill until Tuesday, February 15, which was adopted.
H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, February 9, which was adopted.
H. 4140 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTIONS 24-13-100, 24-13-150, AND 24-13-175 SO AS TO PROVIDE
FOR ELIGIBILITY FOR WORK RELEASE, EARLY RELEASE, AND COMPENSATION OF TIME; TO
AMEND SECTIONS 16-3-20, AS AMENDED, 16-3-625, 16-3-1260, 16-11-311, 16-11-330,
AND 16-11-340, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO PROVIDE FOR
TRUTH IN SENTENCING, DELETE ELIGIBILITY FOR PAROLE, AND PROVIDE A NAME CHANGE
FOR THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES; AND TO REPEAL
SECTIONS
24-3-40, 24-3-50, 24-13-60, 24-13-210, 24-13-220, AND 24-13-270, AND ARTICLE 7,
CHAPTER 21, TITLE 24, RELATING TO WAGES OF PRISONERS, WORK RELEASE OF PRISONERS,
AND COMPUTATION OF TIME FOR RELEASE OF PRISONERS.
The following Joint Resolution was taken up.
H. 3920 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 18, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE FORMALITIES OF AN ACT OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT EITHER HOUSE OF THE GENERAL ASSEMBLY MAY PROVIDE BY RULE FOR THE SECOND READING OF ANY BILL OR JOINT RESOLUTION "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES TO EACH MEMBER.
Pursuant to the provisions of the Constitution the yeas and nays were taken on
the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Askins Baker Baxley Boan Brown, H. Carnell Cato Chamblee Cooper Cromer Delleney Fair Farr Gamble Graham Hallman Harrell Harris, J. Harris, P. Harwell Haskins Hodges Holt Houck Hutson Inabinett Jaskwhich Jennings Keegan Keyserling Kinon Kirsh Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McTeer Meacham Moody-Lawrence Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stone Stuart Thomas Tucker Vaughn Waites Waldrop Walker Wilder, J.
Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Brown, G. Brown, J. Davenport
Having failed to receive the necessary two-thirds vote, the Joint Resolution was given a second reading and ordered to third reading.
The following Joint Resolution was taken up.
S. 488 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 24, Article V of the Constitution of this State be amended to read:
"There shall be elected in each county by the electors thereof a clerk of the circuit court, a sheriff, and a coroner; and in each judicial circuit a solicitor shall be elected by the electors thereof. All of these officers shall serve for terms of four years and until their successors are elected and qualify. The General Assembly shall provide by law for their duties and compensation. The General Assembly may also may provide by law for the age and qualifications of sheriffs and coroners, and the selection, duties, and compensation of other appropriate officials to enforce the criminal laws of the State, to prosecute persons under these laws, and to carry on the administrative functions of the courts of the State. The Attorney General shall be the chief prosecuting officer of the State with authority to supervise the prosecution of all criminal cases in courts of record."
"Must Section 24 of Article V of the Constitution of this State be amended so as to provide that the General Assembly may provide by law for the age and qualifications of coroners?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."
Rep. HODGES explained the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, J. Baker Barber Baxley Beatty Boan Breeland Brown, H. Brown, J. Byrd Canty Carnell Cato Chamblee Clyborne Cromer Davenport Delleney Farr Gamble Hallman Harrell Harris, P. Harwell Haskins Hines Hodges Holt Houck Hutson Inabinett Jaskwhich Jennings Keegan Kennedy Keyserling Kinon Kirsh Koon Lanford Law Marchbanks Martin Mattos McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence
Neal Neilson Phillips Rhoad Richardson Robinson Rogers Rudnick Scott Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Tucker Vaughn Waites Waldrop Walker Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Wofford Worley Wright Young, A.
Those who voted in the negative are:
Fair Trotter
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Bill was taken up.
H. 3329 -- Rep. Sheheen: A BILL TO AMEND SECTIONS 20-7-600, 20-7-770, 20-7-780, AND 20-7-3300, ALL AS AMENDED, AND SECTION 20-7-1335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF JUVENILE CRIMINAL RECORDS, SO AS TO REMOVE THE CONFIDENTIALITY OF THESE RECORDS FOR VIOLENT CRIMES, FOR CRIMES IN WHICH AN ILLEGAL WEAPON WAS USED, AND FOR VIOLATIONS OF THE "NARCOTICS AND CONTROLLED SUBSTANCES" ARTICLE; TO ALLOW FINGERPRINTING AND THE RELEASE TO THE PUBLIC OF THE NAME, IDENTITY, AND PICTURE OF A JUVENILE CHARGED WITH THESE CRIMES; AND TO PROHIBIT EXPUNGEMENT OF THESE RECORDS.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-7-600(D) of the 1976 Code, as last amended by Act 571 of 1990, is further amended to read:
"(D) Peace officers' records of children must be kept separate from records of adults, must not be open to public inspection, and may be open to inspection only by governmental agencies authorized by the judge; however, the record of a child is open to public inspection if the record pertains to a violent crime as defined in Section 16-1-60 or to a crime in which an illegal weapon was used or to distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3, or to an alcohol related offense for which the penalty is more than one year."
SECTION 2. Section 20-7-770 of the 1976 Code, as last amended by Act 181, Section 285 of 1993, is further amended to read:
"Section 20-7-770. Notwithstanding the right of a person to petition the family court pursuant to Section 20-7-780 for the release of a person's record of juvenile adjudications, upon the request of the Attorney General or a circuit solicitor which is made pursuant to a current criminal investigation or prosecution, the Department of Juvenile Justice shall provide the requesting party with a copy of the juvenile criminal record of a person adjudicated as a juvenile for the commission of a violent crime as defined in Section 16-1-60, for a crime in which an illegal weapon was used, for distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3, or for an alcohol related offense for which the penalty is more than one year. A person with a record for an adjudicated violent crime must have his juvenile criminal record maintained by the Department of Juvenile Justice for at least ten years after the date of the violent offense adjudication. The juvenile record of a person must be maintained by the Department of Juvenile Justice for the same period as for offenses committed by an adult when the offense is one for which the record must be provided pursuant to this section."
SECTION 3. Section 20-7-780 of the 1976 Code, as last amended by Act 181, Section 286 of 1993, is further amended to read:
"Section 20-7-780. (A) The court shall make and keep records of all cases brought before it and shall devise and cause to be printed forms for social and legal records and other papers as may be required. The official juvenile records of the courts and the Department of Juvenile Justice are open to inspection only by consent of the judge to persons having a legitimate interest but always must be available to the legal counsel of the
(1) are necessary to defend against an action initiated by a juvenile.; or
(2) pertain to:
(a) a violent crime as defined in Section 16-1-60;
(b) a crime in which an illegal weapon was used;
(c) distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3; or
(d) an alcohol related offense for which the penalty is more than one year.
(B) The When a juvenile is charged with a violent crime as defined in Section 16-1-60 or with a crime in which an illegal weapon was used, the Department of Juvenile Justice, if requested, shall provide the victim of a violent the crime, as defined in Section 16-1-60, with the name and other basic descriptive information about the juvenile charged with the crime and with information about the juvenile justice system, the status and disposition of the delinquency action, including hearing dates, times, and locations, and with information concerning services available to victims of juvenile crime. The name, identity, or picture of a child under the jurisdiction of the court, pursuant to this chapter, must not be made public by a newspaper, radio, or television station except as authorized by order of the court or if the juvenile is charged with a violent crime as defined in Section 16-1-60 or with a crime in which an illegal weapon was used or with distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3 or to an already related offense for which the penalty is more than one year.
(C) A juvenile charged with committing a violent an offense as defined in Section 16-1-60, or charged with committing grand larceny of a motor vehicle, may be fingerprinted by the law enforcement agency who takes the juvenile into custody if the juvenile is charged with:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which an illegal weapon was used; or
(4) distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3; or
A juvenile charged with committing a nonviolent an offense other than those enumerated above in this subsection or a status offense must may not be fingerprinted by law enforcement except upon order of a family court judge. The fingerprint records of a juvenile must may be kept separate from the fingerprint records of adults. The fingerprint records of a juvenile must may not be transmitted to the files of the State Law Enforcement Division or to the Federal Bureau of Investigation or otherwise distributed or provided to another law enforcement agency unless the juvenile is adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60, or for grand larceny of a motor vehicle, for a crime in which an illegal weapon was used, for distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3, or for an alcohol related offense for which the penalty is more than one year. The fingerprint records of a juvenile who is not adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60, or for grand larceny of a motor vehicle, for a crime in which an illegal weapon was used, for distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3, or for an alcohol related offense for which the penalty is more than one year, upon notification to law enforcement, must be destroyed or otherwise expunged by the law enforcement agency who took the juvenile into custody. The Department of Juvenile Justice may fingerprint and photograph a juvenile upon commitment to a juvenile correctional institution. Fingerprints and photographs taken by the Department of Juvenile Justice remain confidential and must may not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of aiding the department in apprehending an escapee from the department or assisting the Missing Persons Information Center in the location or identification of a missing or runaway child or except as otherwise provided for in this section."
SECTION 4. Section 20-7-1335 of the 1976 Code, as added by Act 108 of 1987, is amended to read:
"Section 20-7-1335. (A) A juvenile not previously adjudicated delinquent for committing an offense which would have been a crime if committed by an adult, who has been taken into custody, or charged with, or adjudicated delinquent for having committed a status offense or a nonviolent criminal offense, not prohibited in subsection (C) from being expunged, may petition the family court for an order destroying all official records relating to his being taken into custody, the charges filed against
(B) For purposes of this section, an adjudication is considered a previous adjudication only if it occurred prior to before the date the subsequent offense was committed.
(C) Under no circumstances is a person allowed to expunge from his record an adjudication for having committed a violent crime, as that term is defined in Section 16-1-60, for a criminal offense in which an illegal weapon was used, for distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3, or for an alcohol related offense for which the penalty is more than one year unless the person is not more than twenty-five years of age and has not been adjudicated delinquent or convicted of an offense described in this subsection within the preceding six years.
(D) If the order is granted by the court, no evidence of the records may be retained by any a law enforcement agency or by any a municipal, county, or state agency or department. The effect of the order is to restore the person in the contemplation of the law to the status he the person occupied before he was being taken into custody. No person to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving false statement by reason of his the person's failure to recite or acknowledge the charge or adjudication in response to an inquiry made of him the person for any purpose."
SECTION 5. Section 20-7-3300 of the 1976 Code, as last amended by Act 181, Section 328 of 1993, is further amended to read:
"Section 20-7-3300. (A) Records and information of the department pertaining to juveniles are confidential as provided in Section 20-7-780. However, where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit information and records to another department, or agency, or school district of state or local government, or to a school district or to a private institution or facility licensed by the State as a child serving organization, where the information is required for admission or enrollment of the juvenile into a program of services,
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