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| Rep. HARRISON moved to table the amendment.
Rep. KOON demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 51 to 19.
Rep. SCOTT proposed the following Amendment No. 32 (Doc Name
L:\council\legis\amend\BR1\18054AC.95), which was tabled.
Amend the bill, as and if amended, SECTION 18, Section 24-3-20(A), by deleting on page 20, line 33 /or prison camp/ and inserting /or prison camp/.
Renumber sections to conform.
Amend and title to conform.
Rep. SCOTT explained the amendment.
Rep. HARRISON moved to table the amendment.
The amendment was then tabled by a division vote of 58 to 6.
Reps. RICE, DAVENPORT and BAILEY proposed the following Amendment No. 33 (Doc
Name L:\council\legis\amend\PT\1646DW.95), which was adopted.
Amend the bill, as and if amended, SECTION 1, page 8, by inserting after /services/ on line 37 /when the value of those construction services shall not exceed the limit allowable for unlicensed contractors pursuant to the South Carolina Contractors Licensing Law/.
Amend further, SECTION 1, page 9, by inserting after the period on line 2 /Improvements of a structural, electrical, and mechanical nature must be designed by a qualified professional engineer and must be in compliance with applicable building codes. These improvements must be inspected and approved by a qualified professional engineer or a licensed commercial inspector./
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Reps. HODGES and ROGERS spoke upon the amendment.
The amendment was then adopted.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 3238 General Subject Matter:
Amendment #: 33. Subject Matter:
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. REX FONTAINE RICE
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 3238 General Subject Matter:
Amendment #: 33. Subject Matter:
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. G. RALPH DAVENPORT, JR.
Debate was resumed on Amendment No. 5, by Rep. LIMBAUGH.
Rep. HARRISON moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 7, by Reps. DAVENPORT, ROBINSON and RICE.
Rep. HARRISON moved to table the amendment, which was agreed to.
Amend the bill, as and if amended, in Section 24-21-30 of the 1976 Code as contained in SECTION 29, page 27, beginning on line 17, by deleting /June 30, 1996/ and inserting /January 1, 1996/.
Amend the bill further, as and if amended, in SECTION 48, page 35, by deleting on line 39, /July 1, 1996/ and inserting /January 1, 1996/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROGERS explained the amendment.
Rep. HARRISON spoke against the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Rep. QUINN proposed the following Amendment No. 30 (Doc Name
L:\council\legis\amend\BR1\18055AC.95), which was tabled.
Amend the bill, as and if amended, SECTION 1 of the bill, Section 24-3-435, by inserting after /services/ on page 8, line 37: /An inmate convicted of criminal sexual conduct in the first or second degree, criminal sexual conduct with minors, or assault with intent to commit criminal sexual conduct is considered a safety risk./
Renumber sections to conform.
Amend and title to conform.
Rep. QUINN moved to table the amendment, which was agreed to.
Rep. KOON proposed the following Amendment No. 35, which was tabled.
Any person caught bringing drugs or alcohol into any jail or prison in any county or state facility shall serve a minimum sentence of six months. This section to have section and title to conform to the Bill.
Rep. KOON explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. KOON demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 50 to 24.
Rep. ROGERS proposed the following Amendment No. 37 (Doc Name
L:\council\legis\amend\DKA\3614CM.95), which was tabled.
Amend the bill, as and if amended, by striking SECTION 17, beginning on page 19
and line 37, and inserting:
"Section 17-25-45. (1)A. Notwithstanding any other provision of law, any person who has three convictions under the laws of this State, any other state, or the United States, for a violent crime as defined in Section 16-1-60 except a crime for which a sentence of death has been imposed shall, upon the third conviction in this State for such crime, be sentenced to life imprisonment without parole.
B. For the purpose of this section only, a conviction is considered a second conviction only if the date of the commission of the second crime occurred subsequent to the imposition of the sentence for the first offense. A conviction is considered a third conviction only if the date of the commission of the third crime occurred subsequent to the imposition of the sentence for the second offense. Convictions totaling more than three must be determined in a like manner.
(2) The decision to invoke sentencing under subsection (1) shall be in the discretion of the solicitor.
(A) As used in this section:
(1) `Most serious offense' means:
(a) those felonies enumerated in Section 16-1-90(A);
(b) those felonies enumerated in Section 16-1-60(A) not referenced in Section 16-1-90(A);
(c) any federal or out-of-state conviction for an offense which would be classified as a felony offense under subitems (a) and (b) above.
Most serious offense does not include a conviction or entry of a plea of guilty or nolo contendere occurring before January 1, 1980, for the purpose of sentencing under this section.
(2) `Serious offense' means:
(a) an offense within the jurisdiction of general sessions court, except traffic offenses listed in Chapter 5, Title 56, but not excepting those in Article 23, Chapter 5, Title 56 of the 1976 Code;
(b) any federal or out-of-state conviction for an offense which would be within the jurisdiction of general sessions court had the charges been brought in the courts of this State, except traffic offenses listed in Chapter 5, Title 56, but not excepting those in Article 23, Chapter 5, Title 56 of the 1976 Code.
Serious offense does not include a conviction or entry of a plea of guilty or nolo contendere occurring before January 1, 1980, for the purpose of sentencing under this section.
(3) `Two or more prior convictions' means the defendant has been convicted of or entered a plea of guilty or nolo contendere to a most
(4) `Four or more prior convictions' means the defendant has been convicted of or entered a plea of guilty or nolo contendere to a serious offense on at least four separate occasions before the instant adjudication.
(B) Notwithstanding other provisions of law, except in the case of where the death penalty is imposed, upon conviction or an entry of a plea of guilty or nolo contendere for a more serious offense, the defendant must be imprisoned for life without eligibility for parole if the defendant has two or more prior convictions for a most serious offense.
(C) Notwithstanding other provisions of law, except in the case of where the death penalty is imposed, upon conviction or an entry of a plea of guilty or nolo contendere for a most serious offense, the defendant must be imprisoned for life and is not eligible for parole until service of thirty years if that defendant has one prior conviction or entry of a plea of guilty or nolo contendere for a most serious offense.
(D) Notwithstanding other provisions of law, except in the case of where the death penalty is imposed, upon conviction or an entry of a plea of guilty or nolo contendere for a serious offense, the defendant must be imprisoned for life and is not eligible for parole until service of twenty years if that defendant has four or more prior convictions for a serious offense.
(E) A person sentenced pursuant to this section must not be considered or granted early release pursuant to the provisions enacted to ameliorate prison overcrowding.
(F) A presiding judge, law enforcement agency, Board of Probation, Pardon
Services, and Community Supervision, or a state or local correctional facility
may provide offenders convicted of a most serious offense or a serious offense
notice of the sentence which must be imposed upon subsequent conviction for a
most serious or serious offense. Providing notice is not required and is within
the discretion of the individual and entities referenced. The adequacy of any
notice provided, or the failure to provide notice, is not subject to judicial
review and does not create a liability upon the State, its agencies or
departments, or any state or local political subdivision or its agents.
Amend title to conform.
Rep. ROGERS explained the amendment.
Rep. MARTIN spoke against the amendment.
Rep. HARRISON moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 80 to 8.
Rep. LANFORD proposed the following Amendment No. 38 (Doc Name
L:\council\legis\amend\BR1\18056AC.95), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION . The 1976 Code is amended by adding:
"Section 24-1-290. (A) The department may not provide or permit free weight equipment for use by prisoners. For purposes of this section `exercise equipment' means free weights and machines or devices that are designed for exercising parts of the human body by offering various amounts of resistance.
(B) Any such equipment owned by the department must be donated to law enforcement agencies throughout the State in the manner the General Assembly shall provide. Any such equipment not owned by the department but located in any of its facilities must be returned to the owner within thirty days of the effective date of this section."/
Renumber sections to conform.
Amend title to conform.
Rep. LANFORD explained the amendment.
Rep. MOODY-LAWRENCE raised the Point of Order that Amendment No. 38 was out of order as it was not germane.
Rep. LANFORD argued contra the Point in stating that the Bill dealt with "truth in sentencing" which in turn dealt with the Department of Corrections and that this was a part of the Department of Corrections. He further stated that it did fit the Bill and was germane.
The SPEAKER stated that the Bill was 35 pages and in order for the Amendment to
be germane, then it had to be tied into the Bill somewhere.
Rep. L. WHIPPER stated that the word program referred to something structured and that weightlifting was done on free time and not structured time.
Rep. MOODY-LAWRENCE questioned whether this was before sentencing or after.
The SPEAKER stated that the Bill dealt with sentencing and the amount of time that they had to serve and the amendment related to the Department of Corrections having available weightlifting equipment for inmates.
Rep. QUINN stated that it clearly was a form of work.
Rep. LANFORD stated weightlifting was a program supervised by the Department of Corrections. He further stated that Section 45 was repealed as part of the "truth in sentencing" Bill.
The SPEAKER stated that just because a repealed section was in the same general vicinity of the Code as the amendment referred to that that did not make it germane. He further stated that the amendment was not germane and he sustained the Point of Order and ruled the amendment out of order.
Rep. QUINN proposed the following Amendment No. 39
(Doc Name L:\council\legis\amend\JIC\5292AC.95), which was adopted.
Amend the bill, as and if amended, SECTION 1 of the bill, Section 24-3-435, by inserting after /services/ on page 8, line 37 /Notwithstanding that the department otherwise retains discretion to determine other categories of offenses which it deems a safety risk, an inmate convicted of a crime involving sexual battery as defined in Section 16-3-651 or assault with intent to commit criminal sexual conduct is considered a safety risk./
Amend totals to conform.
Rep. QUINN explained the amendment.
The amendment was then adopted.
To add at appropriate section:
To add to the responsibilities of the Study Committee on Mandatory Minimum Sentences and examination of anti-recidivism methods for first time nonviolent offenders.
Rep. S. WHIPPER explained the amendment.
The amendment was then adopted.
Rep. WILKINS explained the Bill.
Rep. HARRISON explained the Bill.
Rep. HARRISON continued speaking.
Rep. HODGES spoke upon the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Harwell Haskins Herdklotz Hines Hodges Howard Huff Hutson
Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McKay Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third
reading.
I had an excused absence for the last half of session, January 18, for medical purposes. If I had been here for the last vote I would have voted for H. 3238.
Rep. CAROLE C. WELLS
The Senate returned to the House with concurrence the following:
H. 3258 -- Reps. Stuart, Gamble, Knotts, Koon, Riser, Spearman and Wright: A
CONCURRENT RESOLUTION CONGRATULATING SWANSEA HIGH SCHOOL OF LEXINGTON
COUNTY ON
WINNING THE 1994 CLASS AA STATE CHAMPIONSHIP IN FOOTBALL.
H. 3260 -- Reps. Littlejohn and Wells: A CONCURRENT RESOLUTION CONGRATULATING
SPARTANBURG METHODIST COLLEGE ON WINNING THE 1994 MEN'S SOCCER NATIONAL
CHAMPIONSHIP.
H. 3261 -- Rep. McTeer: A CONCURRENT RESOLUTION COMMENDING CAPTAIN HOMER
THOMAS
HIERS, JR., CHC, USN, FOR HIS CAREER ACCOMPLISHMENTS AND FOR HIS SERVICE TO HIS
STATE AND NATION, AND EXTENDING CONGRATULATIONS AND BEST WISHES TO HIM UPON
HIS
RETIREMENT.
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