South Carolina General Assembly
111th Session, 1995-1996

Bill 212


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       212
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19950110
Primary Sponsor:                   Richter 
All Sponsors:                      Richter, Rose, Passailaigue,
                                   Elliott, Giese 
Drafted Document Number:           RES9508.LER
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Subject:                           Child and juvenile defined



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19950110  Introduced, read first time,             11 SJ
                  referred to Committee
Senate  19941017  Prefiled, referred to Committee          11 SJ

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 20-7-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A "CHILD", SO AS TO PROVIDE THAT A CHILD MEANS A PERSON LESS THAN SIXTEEN YEARS OF AGE AND TO AMEND SECTIONS 20-7-400(A)(3), 20-7-400(B) AND SECTION 20-7-410 TO CONFORM TO THIS DEFINITION; TO AMEND SECTION 20-7-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF CERTAIN COURTS OVER JUVENILES SO AS TO GRANT THE CIRCUIT COURT EXCLUSIVE AND ORIGINAL JURISDICTION OVER A CHILD FOURTEEN TO FIFTEEN YEARS OF AGE CHARGED WITH CERTAIN VIOLENT CRIMES FOR PROPER CRIMINAL PROCEEDINGS; AND TO AMEND SECTION 24-19-10(d), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO REVISE THE DEFINITION OF YOUTHFUL OFFENDER TO INCLUDE THOSE WHO ARE UNDER SIXTEEN YEARS OF AGE AND WHO HAVE BEEN BOUND OVER TO GENERAL SESSIONS COURT.

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

SECTION 1. Section 20-7-390 of the 1976 Code is amended to read:

"Section 20-7-390. When used in this article, unless the context otherwise requires, `child' means a person less than seventeen sixteen years of age, where the child is dealt with as a juvenile delinquent. Where the child is dealt with as a dependent or neglected child the term `child' shall mean a person under eighteen years of age."

SECTION 2. Sections 20-7-400(A)(3) and 20-7-400(B) of the 1976 Code are amended to read:

"(3) Concerning any child seventeen sixteen years of age or over, living or found within the geographical limits of the court's jurisdiction, alleged to have violated or attempted to violate any State state or local law or municipal ordinance prior to having become seventeen sixteen years of age and such person shall be dealt with under the provisions of this chapter relating to children.

(B) Whenever the court has acquired the jurisdiction of any child under seventeen sixteen years of age, jurisdiction continues so long as, in the judgment of the court, it may be necessary to retain jurisdiction for the correction or education of the child, but jurisdiction shall terminate when the child attains the age of twenty-one years. Any child who has been adjudicated delinquent and placed on probation by the court remains under the authority of the court only until the expiration of the specified term of his probation. This specified term of probation may expire before but not after the eighteenth birthday of the child."

SECTION 3. Section 20-7-410 of the 1976 Code is amended to read:

"Section 20-7-410. The magistrate courts and municipal courts of this State have concurrent jurisdiction with the family courts for the trial of persons under seventeen sixteen years of age charged with traffic violations or violations of the provisions of Title 50 relating to fish, game, and watercraft when these courts would have jurisdiction of the offense charged if committed by an adult.

The family court shall report to the Department of Public Safety all adjudications of a juvenile for moving traffic violations and other violations that affect the juvenile's privilege to operate a motor vehicle including, but not limited to, controlled substance and alcohol violations as required by other courts of this State pursuant to Section 56-1-330 and shall report to the Department of Natural Resources adjudications of the provisions of Title 50."

SECTION 4. Section 20-7-430 of the 1976 Code is amended to read:

"Section 20-7-430. Jurisdiction over a case involving a juvenile may be transferred in the following instances:

(1) If, during the pendency of a criminal or quasi-criminal charge against any minor in a circuit court of this State, it shall be ascertained that the minor was under the age of seventeen sixteen years at the time of committing the alleged offense, it shall be the duty of such court forthwith to transfer the case, together with all the papers, documents, and testimony connected therewith, to the family court of competent jurisdiction, except in those cases where the Constitution gives to the circuit court exclusive jurisdiction or in those cases where jurisdiction has properly been transferred to the circuit court by the family court under the provisions of this section such other instances as are provided herein. The court making such transfer shall order the minor to be taken forthwith to the place of detention designed by the court or to that court itself, or shall release such minor to the custody of some suitable person to be brought before the court at a time designated. The court shall then proceed as provided in this article. Notwithstanding any other provision of law, the provisions of this section shall be applicable to all offenses embraced therein, irrespective of whether such offenses may be directed solely at children coming within the scope of this article and shall likewise be applicable to such offenses as shall be created in the future unless the General Assembly shall specifically otherwise direct.

(2) Whenever a person is brought before a magistrate or city recorder and, in the opinion of the magistrate or city recorder, the person should be brought to the family court of competent jurisdiction under the provisions of this section, the magistrate or city recorder shall thereupon transfer such case to the family court and direct that the persons involved be taken thereto.

(3) When an action is brought in any county court or circuit court which, in the opinion of the judge thereof, falls within court other than the family court, and in the opinion of the judge of such court in which the action is brought, such action falls within the jurisdiction of the family court, he may transfer the action thereto upon his own motion or the motion of any party.

(4) If a child less than 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.

(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 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.

(5) If a child fourteen or fifteen years of age is charged with the offense of murder, manslaughter, assault and battery with intent to kill, assault and battery of a high and aggravated nature, armed robbery, kidnapping, or criminal sexual conduct in any degree, the circuit court shall have exclusive jurisdiction. If the circuit court deems it contrary to the best interest of the child or of the public to retain jurisdiction, the court shall issue an order to that effect relinquishing jurisdiction to the family court.

(6) Within thirty days after the filing of a petition in the family court alleging the that a child under fourteen years of age has committed the offense of murder or criminal sexual conduct, murder, manslaughter, assault and battery with intent to kill, assault and battery of a high and aggravated nature, armed robbery, kidnapping, or criminal sexual conduct in any degree the person executing the petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against the child as a criminal rather than as a child coming within the purview of this article. The judge of the family court is authorized to determine this request. If the request is denied, the petitioner may appeal within five days to the circuit court. Upon the hearing of the appeal, the judge of the circuit court is vested with the discretion of exercising and asserting the jurisdiction of the court of general sessions or of relinquishing jurisdiction to the family court. If the circuit judge elects to exercise the jurisdiction of the general sessions court for trial of the case, he shall issue an order to that effect, and then the family court has no further jurisdiction in the matter.

(7) Once the family court relinquishes its jurisdiction over the child or when the circuit court has jurisdiction over a child and the child is bound over to be treated as an adult, the provisions of Section 20-7-780 dealing with the confidentiality of identity and fingerprints will not be applicable.

(8) When jurisdiction is relinquished by the family court in favor of another court or when the circuit court has jurisdiction over a child, the such court shall have full authority and power to grant bail, hold a preliminary hearing and any other powers as now provided by law for magistrates in such cases.

(9) If a child fourteen or 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."

SECTION 5. Section 24-19-10(d) of the 1976 Code is amended to read:

"(d) `Youthful offender' means all male and female offenders an offender who are seventeen is under sixteen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-430 or who is under sixteen years of age at the commission of the act but less than twenty-five years of age at the time of conviction."

SECTION 6. This act takes effect upon approval by the Governor.

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