Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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| Printed Page 5040, Apr. 27 | Printed Page 5060, Apr. 27 |
Printed Page 5050 . . . . . Wednesday, April 27, 1994
Alexander, M.O.  Alexander, T.C.  Allison
Askins           Barber           Boan
Breeland         Brown, H.        Cato
Cooper           Corning          Cromer
Davenport        Fulmer           Gamble
Gonzales         Govan            Graham
Hallman          Harrell          Harrelson
Harris, J.       Harrison         Harwell
Haskins          Hodges           Huff
Hutson           Inabinett        Jaskwhich
Jennings         Keegan           Kelley
Keyserling       Kirsh            Lanford
Law              Littlejohn       Martin
McCraw           McTeer           Meacham
Neal             Neilson          Phillips
Quinn            Richardson       Riser
Rudnick          Scott            Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Stuart           Thomas
Tucker           Waites           Waldrop
Walker           Wells            Wilder, D.
Wilder, J.       Witherspoon      Wofford
Wright           Young, A.

Total--68

So, the House refused to adjourn.

Reps. BREELAND and CANTY proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\GJK\20843AC.94), which was tabled.

Amend the bill, as and if amended, by deleting /middle/ on page 6, line 10, and inserting /elementary, middle,/

Renumber sections to conform.

Amend totals and title to conform.

Rep. WELLS moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\GJK\20844AC.94), which was tabled.

Printed Page 5051 . . . . . Wednesday, April 27, 1994
Amend the bill, as and if amended, by deleting lines 18 and 19 on page 5 and inserting:

/sized, regional secure facilities in the Department of Health and Environmental Control health districts in the State. Each/

Renumber sections to conform.

Amend totals and title to conform.

Rep. SIMRILL moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\GJK\20845AC.94), which was tabled.

Amend the bill, as and if amended, by deleting item (1) of SECTION 35, which is contained on line 31 of page 39.

Renumber sections to conform.

Amend totals and title to conform.

Rep. WOFFORD moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\GJK\20846AC.94), which was tabled.

Amend the bill, as and if amended, by deleting SECTION 6 in its entirety which is contained on page 7, lines 27 through 35.

Renumber sections to conform.

Amend totals and title to conform.

Rep. RICHARDSON moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\GJK\20847AC.94), which was ruled out of order.

Amend the bill, as and if amended, by deleting SECTION 7 in its entirety which begins on page 7.

Renumber sections to conform.

Amend totals and title to conform.

POINT OF ORDER

Rep. HODGES raised the Point of Order that Amendment No. 20 was out of order as it was not germane.

Printed Page 5052 . . . . . Wednesday, April 27, 1994
The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Reps. BREELAND and CANTY proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\GJK\20848AC.94), which was tabled.

Amend the bill, as and if amended, by deleting SECTION 8 in its entirety which begins on page 8

Renumber sections to conform.

Amend totals and title to conform.

Rep. WOFFORD moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 22 (Doc Name L:\council\legis\amend\GJK\20849AC.94), which was tabled.

Amend the bill, as and if amended, by deleting Section 20-7-430(4) of the 1976 Code as contained in SECTION 8 and inserting: /(4) If a child sixteen years of age or older is charged with an offense which would be a misdemeanor or felony if committed by an adult and if the court, after full investigation, deems it contrary to the best interest of such child or of the public to retain jurisdiction, the court may, in its discretion, acting as committing magistrate, bind over such child for proper criminal proceedings to any court which would have trial jurisdiction of such offense if committed by an adult./

Renumber sections to conform.

Amend totals and title to conform.

Rep. SIMRILL moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 23 (Doc Name L:\council\legis\amend\GJK\20850AC.94), which was tabled.

Amend the bill, as and if amended, by deleting Section 20-7-430(5) of the 1976 Code, as contained in SECTION 8, on page 5 and inserting:

/ (5) If a child fourteen or fifteen years of age who has two prior and unrelated adjudications of assault, assault and battery with intent to kill, assault and battery of a high and aggravated nature, arson, housebreaking, burglary, kidnapping, attempted criminal sexual conduct or robbery and is currently charged with a third or subsequent such offense, the court may after full investigation and hearing, if it deems it contrary to the best

Printed Page 5053 . . . . . Wednesday, April 27, 1994
interest of such child or of the public to retain jurisdiction, acting as committing magistrate, bind over such child for proper criminal proceedings to any court which would have trial jurisdiction of such offenses if committed by an adult./

Renumber section to conform.

Amend title to conform.

Rep. SIMRILL moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 24 (Doc Name L:\council\legis\amend\GJK\20851AC.94), which was tabled.

Amend the bill, as and if amended, by deleting Division VI which begins one page 33 in its entirety

Renumber divisions to conform.

Renumber sections to conform.

Amend title to conform.

Rep. HODGES moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 25 (Doc Name L:\council\legis\amend\BBM\9178AC.94), which was tabled.

Amend the bill, as and if amended, by deleting Section 20-7-430(9), page 10, and inserting:

/"(9) If a child fifteen years of age or older is charged with a violation of Section 16-23-430(1) or Section 44-53-445, the court may after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offenses if committed by an adult."/

Amend title to conform.

Rep. SIMRILL moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 26 (Doc Name L:\council\legis\amend\BBM\9179AC.94), which was tabled.

Printed Page 5054 . . . . . Wednesday, April 27, 1994
Amend the bill, as and if amended, Section 20-7-430(9), by deleting /fifteen fourteen/ on page 10, line 11 and inserting /fifteen/.

Amend title to conform.

Rep. HODGES moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 27 (Doc Name L:\council\legis\amend\BBM\9180AC.94), which was tabled.

Amend the bill, as and if amended, Section 20-7-600(F)(2)(d), by deleting /felonies crimes/ on page 10, line 42, and inserting /felonies/.

Amend title to conform.

Rep. QUINN moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 28 (Doc Name L:\council\legis\amend\BBM\9181AC.94), which was tabled.

Amend the bill, as and if amended, Section 20-7-600(F) by deleting lines 10- 11 on page 11 and inserting /or program./

Amend title to conform.

Rep. ALLISON moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 29 (Doc Name L:\council\legis\amend\BBM\9182AC.94), which was tabled.

Amend the bill, as and if amended, Section 20-7-600(H), by deleting lines 32-33 on page 11 and inserting /of its juveniles, and if commitment of a juvenile by the court to that facility does not cause it to exceed its design and operational capacity,/.

Amend title to conform.

Rep. MARTIN moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 30 (Doc Name L:\council\legis\amend\BBM\9183AC.94), which was tabled.

Amend the bill, as and if amended, Section 20-7-600(H), by deleting lines 36-38 on page 11 and inserting /in accordance with the rules of practice in a family court. However, a juvenile must not be detained in

Printed Page 5055 . . . . . Wednesday, April 27, 1994
secure confinement in excess of ninety days. If the child does not qualify for detention or otherwise/.

Amend title to conform.

Rep. HASKINS moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 31 (Doc Name L:\council\legis\amend\BBM\9184AC.94), which was tabled.

Amend the bill, as and if amended, Section 20-7-600(H), by deleting lines 41-42 on page 11 and inserting /person./

Amend title to conform.

Rep. MARTIN moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 32 (Doc Name L:\council\legis\amend\BBM\9185AC.94), which was tabled.

Amend the bill, as and if amended, by deleting SECTION 10 in its entirety.

Amend title to conform.

Rep. MARTIN moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 33 (Doc Name L:\council\legis\amend\BBM\9186AC.94), which was tabled.

Amend the bill, as and if amended, by deleting SECTION 11 in its entirety.

Amend title to conform.

Rep. MARTIN moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 34 (Doc Name L:\council\legis\amend\BBM\9187AC.94), which was tabled.

Amend the bill, as and if amended, SECTION 35, by deleting item (2).

Renumber items to conform.

Amend title to conform.

Rep. SIMRILL moved to table the amendment, which was agreed to.

Printed Page 5056 . . . . . Wednesday, April 27, 1994
Reps. BREELAND and CANTY proposed the following Amendment No. 35 (Doc Name L:\council\legis\amend\BBM\9188AC.94), which was tabled.

Amend the bill, as and if amended, Section 20-7-1330(c), by deleting lines 10-15 on page 12 and inserting /adjudicated delinquent/.

Amend title to conform.

Rep. MARTIN moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 36 (Doc Name L:\council\legis\amend\JIC\5927AC.94), which was tabled.

Amend the bill, as and if amended, by striking SECTION 12 in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. MARTIN moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 37 (Doc Name L:\council\legis\amend\JIC\5928AC.94), which was tabled.

Amend the bill, as and if amended, SECTION 35, by deleting item (3).

Renumber sections to conform.

Amend title to conform.

Rep. MARTIN moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 38 (Doc Name L:\council\legis\amend\JIC\5929AC.94), which was tabled.

Amend the bill, as and if amended, by deleting SECTION 13 in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. MARTIN moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 39 (Doc Name L:\council\legis\amend\JIC\5930AC.94), which was tabled.

Printed Page 5057 . . . . . Wednesday, April 27, 1994
Amend the bill, as and if amended, Section 59-63-210(B) by deleting /must/ on page 13, line 14 and inserting /may/.

Amend title to conform.

Rep. SIMRILL moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 40 (Doc Name L:\council\legis\amend\JIC\5931AC.94), which was tabled.

Amend the bill, as and if amended, Section 59-63-210(B), by deleting lines 17 through 34 on page 13 and inserting:

/an offense/.

Amend title to conform.

Rep. MARTIN moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 41 (Doc Name L:\council\legis\amend\JIC\5932AC.94), which was tabled.

Amend the bill, as and if amended, Section 59-66-10(A), by deleting /anectodal/ on line 13, page 14 and by inserting after /evidence/ on line 14, page 14 /beyond a reasonable doubt/.

Amend title to conform.

Rep. MARTIN moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 42 (Doc Name L:\council\legis\amend\JIC\5933AC.94), which was tabled.

Amend the bill, as and if amended, Section 59-66-10(A), by deleting /anecdotal/ on line 13, page 14 and inserting /and convincing/.

Amend title to conform.

Rep. MARTIN moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 43 (Doc Name L:\council\legis\amend\JIC\5934AC.94), which was tabled.

Amend the bill, as and if amended, Section 59-66-10(A), by deleting lines 19 through 20 on page 14 and inserting /20-7-600/.

Amend title to conform.

Printed Page 5058 . . . . . Wednesday, April 27, 1994
Rep. MARTIN moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 44 (Doc Name L:\council\legis\amend\JIC\5935AC.94), which was tabled.

Amend the bill, as and if amended, Section 59-66-30(B), by deleting /school officials/ on line 42, page 15, and inserting /school teachers/.

Amend title to conform.

Rep. MARTIN moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 45 (Doc Name L:\council\legis\amend\JIC\5936AC.94), which was tabled.

Amend the bill, as and if amended, Section 59-66-40(A) by deleting /Before January 16, 1996, the State Board/ on line 4, page 16 and inserting /The State Board/.

Amend title to conform.

Rep. MARTIN moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 46 (Doc Name L:\council\legis\amend\JIC\5937AC.94), which was tabled.

Amend the bill, as and if amended, Section 59-66-40(A), by deleting /may/ on line 13, page 16 and inserting /shall/.

Amend title to conform.

Rep. MARTIN moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 47 (Doc Name L:\council\legis\amend\JIC\5938AC.94), which was tabled.

Amend the bill, as and if amended, Section 59-66-50(A), by deleting /Before July 1, 1996/ on line 28, page 16, and inserting /Before August 15, 1994/.

Amend title to conform.

Rep. MARTIN moved to table the amendment, which was agreed to.

Printed Page 5059 . . . . . Wednesday, April 27, 1994
Reps. BREELAND and CANTY proposed the following Amendment No. 48 (Doc Name L:\council\legis\amend\JIC\5939AC.94), which was tabled.

Amend the bill, as and if amended, by deleting Section 59-66-50 as contained in Section 14 of the bill.

Amend title to conform.

Rep. MARTIN moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 49 (Doc Name L:\council\legis\amend\JIC\5940AC.94), which was tabled.

Amend the bill, as and if amended, Section 59-66-50(C), by deleting on page 17, line 15 /Beginning with the 1996-97 school year/ and inserting /Beginning with the 1994-95 school year/.

Amend title to conform.

Rep. MARTIN moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 50 (Doc Name L:\council\legis\amend\JIC\5941AC.94), which was tabled.

Amend the bill, as and if amended, Section 59-66-60(A), by deleting lines 35 through 37 on page 17 and inserting /juvenile crime./.

Amend title to conform.

Rep. MARTIN moved to table the amendment, which was agreed to.

Reps. BREELAND and CANTY proposed the following Amendment No. 51 (Doc Name L:\council\legis\amend\JIC\5942AC.94), which was tabled.

Amend the bill, as and if amended, Section 59-66-60(A), by deleting lines 41 through 43 on page 17 and lines 1 through 3 on page 18 and inserting /documented by school disciplinary records./.

Amend title to conform.

Rep. MARTIN moved to table the amendment, which was agreed to.

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