| Printed Page 1970, Apr. 25 | Printed Page 1990, Apr. 25 |

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Victim Assistance Network, Adam Walsh Center, People Against Crime to attend a reception in the lower lobby - State House on Thursday, April 27, 1995, from 9:30 A.M. until 12:15 P.M.

Courson           Peeler           Thomas

Patterson         Russell          O'Dell

Passailaigue      Rose

NOT VOTING

Wilson            Matthews

Ordered for consideration tomorrow.

S. 712 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO INVITE THE SOUTH CAROLINA YOUNG MEN'S CHRISTIAN ASSOCIATION'S MIDDLE SCHOOL MODEL LEGISLATURE PROGRAM TO OBSERVE THE HOUSE AND SENATE IN SESSION ON THURSDAY, MAY 4, 1995, AND TO AUTHORIZE THE SOUTH CAROLINA YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND THE CHAMBER OF THE HOUSE OF REPRESENTATIVES ON FRIDAY, MAY 5, 1995, TO CONDUCT A MIDDLE SCHOOL MODEL LEGISLATURE PROGRAM.

Returned with concurrence.

Received as information.

S. 768 -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. MARGARET L. SPIRES OF CAYCE WHO DIED APRIL 11, 1995.

Returned with concurrence.

Received as information.

S. 769 -- Senators Saleeby and Alexander: A CONCURRENT RESOLUTION COMMENDING AND THANKING JOHN G. RICHARDS FOR HIS DEDICATED AND EXEMPLARY PUBLIC SERVICE AS SOUTH CAROLINA'S CHIEF INSURANCE COMMISSIONER, AND WISHING HIM HAPPINESS AND SUCCESS IN HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4044 -- Reps. Kinon, Jennings and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1995, AND ENDING JUNE 30, 1996.

(By prior motion of Senator ELLIOTT)

The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 189 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-335 SO AS TO PROVIDE THAT CANDIDATES' NAMES IN CERTAIN ELECTIONS BE ARRANGED IN ALPHABETICAL ORDER; AND TO AMEND SECTION 7-13-610, AS AMENDED, RELATING TO

S. 210 -- Senator Land: A BILL TO AMEND SECTION 16-13-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF FAILING TO RETURN RENTED VIDEO OR CASSETTE TAPES, SO AS TO PROVIDE THAT A COURT MAY DISMISS ANY PROSECUTION INITIATED PURSUANT TO THE PROVISIONS OF THIS SECTION FOR FIRST OFFENSE ON SATISFACTORY PROOF OF RESTITUTION AND PAYMENT OF AN ADMINISTRATIVE COST, AND PROVIDE THAT NO WARRANT FOR A VIOLATION OF THIS SECTION MAY BE OBTAINED MORE THAN THIRTY DAYS AFTER THE DATE THE RENTAL AGREEMENT HAS EXPIRED.

S. 763 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO STATE EMPLOYEE GRIEVANCE COMMITTEE RULES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1828, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 766 -- Senator Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 25, TITLE 50 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS ON LAKE HARTWELL, DEFINE TERMS, PROVIDE PENALTIES FOR VIOLATIONS, AND PROVIDE EXCEPTIONS.

S. 72 -- Senators McConnell and Hayes: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A HUSBAND AND WIFE LIVING SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR MEANS A VOLUNTARY OR INVOLUNTARY SEPARATION.

Senator PEELER asked unanimous consent to take the Bill up for immediate consideration.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator PEELER proposed the following amendment (JUD0072.001), which was tabled:

Amend the bill, as and if amended, page 1, line 29, by striking SECTION 2 in its entirety and inserting therein the following:

/SECTION 2. Section 20-7-473 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( ) real property titled in a third person."

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator PEELER explained the amendment.

Senator McCONNELL argued contra to the amendment.

Senator COURTNEY argued contra to the amendment and moved to table the amendment.

The amendment was tabled.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

S. 691 -- Senator Giese: A BILL TO AMEND SECTION 44-6-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND RELEASE OF HEALTH CARE DATA, SO AS TO PROVIDE FOR THE DUTIES OF THE DATA OVERSIGHT COUNCIL; TO DIRECT THE OFFICE OF RESEARCH AND STATISTICS TO PROMULGATE REGULATIONS FOR THE COLLECTION OF INPATIENT AND OUTPATIENT INFORMATION; TO REVISE PROCEDURES FOR RELEASE OF INFORMATION; TO DELETE SPECIFIC INFORMATION TO BE REPORTED AND TO REQUIRE INFORMATION TO BE REPORTED IN ACCORDANCE WITH REGULATIONS; TO REQUIRE CERTAIN FACILITIES PROVIDING OUTPATIENT SERVICES TO REPORT OUTPATIENT INFORMATION; AND TO PROVIDE PENALTIES FOR FAILURE TO REPORT.

Senator LEATHERMAN proposed the following amendment (691R001.HKL), which was adopted:

Amend the bill, as and if amended, page 3, by striking lines 19 through 22 in their entirety and inserting in lieu thereof the following:

/council and approved by the committee. Before the office releases provider identifiable data the office must determine that the data to be released is for purposes consistent with the regulations as promulgated by the office and the release must be approved by the council and the committee. Provided, however, committee approval of the release is not necessary if the data elements and format in the release are substantially similar to releases or standardized reports previously approved by the committee. The council shall make/

Amend title to conform.

Senator LEATHERMAN explained the amendment.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:

H. 3185 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-13 SO AS TO PROVIDE THAT NO VULNERABLE ADULT MAY BE CONSIDERED ABUSED OR NEGLECTED FOR THE SOLE REASON THAT THE VULNERABLE ADULT IS BEING FURNISHED NONMEDICAL REMEDIAL TREATMENT BY SPIRITUAL MEANS.

Senator CORK explained the Bill.

H. 3448 -- Reps. Spearman, McTeer and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-27 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON LAKE MURRAY IN CERTAIN AREAS AND PROVIDE PENALTIES.

S. 82 -- Senators McConnell, Rose and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BAIL, CRUEL, UNUSUAL AND CORPORAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE FOR THE OFFENSES FOR WHICH AND THE CIRCUMSTANCES UNDER WHICH BAIL MAY BE DENIED.

The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD0082.005), which was adopted:

Amend the resolution, as and if amended, page 1, by striking all after the enacting words and inserting therein the following:

/SECTION 1. It is proposed that Section 15, Article I of the Constitution of this State be amended to read:

"Section 15. All persons shall, before conviction, be are bailable by sufficient sureties, but bail may be denied to persons charged with capital offenses or offenses punishable by life imprisonment, an offense:

(1) if it was committed when the person charged already is admitted to bail on a separate capital offense charge, separate offense punishable by life imprisonment, or separate violent offense charge as defined by the General Assembly, giving due weight to the evidence and to the nature and circumstances of the event;

(2) if the offense is a violent offense as defined by the General Assembly and the person poses a substantial danger to another person or the community and if no conditions of release which may be imposed reasonably will assure the safety of the other person or the community, giving due weight to the evidence and to the nature and circumstances of the event; or

(3) if it was committed when the person charged has been convicted of a separate capital offense charge, separate offense punishable by life imprisonment, or separate violent offense charge as defined by the General Assembly, unless the convicted person has completed his probationary or parole period or all terms of his sentence.

Excessive bail shall must not be required; nor shall excessive. Excessive fines must not be imposed; nor shall cruel, nor. Cruel,

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Section 15, Article I of the Constitution of this State be amended so as to provide that bail may be denied to persons charged with an offense:

(1) if it was committed when the person charged already is admitted to bail on a separate capital offense charge, separate offense punishable by life imprisonment, or separate violent offense charge as defined by the General Assembly, giving due weight to the evidence and to the nature and circumstances of the event;

(2) if the offense is a violent offense as defined by the General Assembly and the person poses a substantial danger to another person or the community and if no conditions of release which may be imposed reasonably will assure the safety of the other person or the community, giving due weight to the evidence and to the nature and circumstances of the event; or

(3) if it was committed when the person charged has been convicted of a separate capital offense charge, separate offense punishable by life imprisonment, or separate violent offense charge as defined by the General Assembly, unless the convicted person has completed his probationary or parole period or all terms of his sentence?

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'."/.

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Resolution was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

S. 92 -- Senators McConnell, Rose, Elliott and Wilson: A BILL TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELEASE OF A NONCAPITAL OFFENDER ON HIS OWN RECOGNIZANCE, SO AS TO PROVIDE FOR THE OFFENSES FOR WHICH AND THE CIRCUMSTANCES UNDER WHICH BAIL MAY BE DENIED AND TO DEFINE VIOLENT CRIMES.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD0092.009), which was adopted:

Amend the bill, as and if amended, page 1, line 31, in Section 17-15-10(A)(1), as contained in SECTION 1, by inserting after the word /offense/ the following:

/, separate offense punishable by life imprisonment, or separate violent offense charge/.

Amend the bill further, as and if amended, page 1, line 33, in Section 17-15- 10(A)(2), as contained in SECTION 1, by striking line 33 and inserting therein the following:

/(2) is charged with a violent offense and poses a substantial danger to another person or to the/.

Amend the bill further, as and if amended, page 1, line 39, in Section 17-15- 10(A)(3), as contained in SECTION 1, by striking /period/ and inserting therein the following:

/or parole period or all terms of his sentence/.

Amend the bill further, as and if amended, page 2, beginning on line 13, in Section 17-15-10(C), as contained in SECTION 1, by striking lines 13 through 20 and inserting therein the following:

/(C) As used in this section, `violent offense' means the following crimes:

16-1-40 Accessory, for any offense enumerated in this

subsection

16-1-80 Attempt, for any offense enumerated in this

subsection

16-3-10 Murder

16-3-30 Killing by poison

16-3-40 Killing by stabbing or thrusting

16-3-85(B)(2) Aiding and abetting, homicide by child abuse
16-3-210 Lynching, first degree

16-3-430 Killing in a duel

16-3-620 Assault and battery with intent to kill

16-3-652 Criminal sexual conduct, First degree

16-3-653 Criminal sexual conduct, Second degree

16-3-655 Criminal sexual conduct with minors

16-3-656 Assault with intent to commit criminal sexual

conduct, First and Second degree

16-3-910 Kidnapping

16-3-920 Conspiracy to commit kidnapping

16-11-110(A) Arson, First degree

16-11-311 Burglary, First degree

16-11-330(A) Armed robbery

16-11-330(B) Attempted armed robbery

16-11-540 Damaging or destroying building, vehicle or other property by means of explosive incendiary, death results

25-7-30 Giving information respecting national or state

defense to foreign contacts during war

25-7-40 Gathering information for an enemy

55-1-30(3) Unlawful removing or damaging of airport facility

or equipment when death results

56-5-1030 Interference with traffic-control devices or

(B)(3) railroad signs or signals prohibited when death

results from violation

58-17-4090 Obstruction of railroad, death results."/.

Amend the bill further, as and if amended, page 2, line 22, by striking SECTION 2 in its entirety and inserting therein the following:

/SECTION 2. The Prosecution Coordination Commission shall study the feasibility of creating a system to effectively manage criminal case loads and obtain electronic information from the South Carolina Law Enforcement Division Crime Information Center, Computerized Criminal Histories (CCH), the Department of Corrections, the Department of Probation, Parole and Pardon Services, the Department of Public Safety, the Department of Mental Health, and local jurisdictions to support preparation and ongoing management of criminal case loads.

In addition, the commission shall examine the feasibility of a court case management system and ongoing administration of cases, to include

A report based on the study shall include, but is not limited to, recommendations to reduce the costs related to criminal case management and to more efficiently disseminate and coordinate information among the appropriate agencies. The report must be presented to the chairmen of the Senate Finance Committee and the House Ways and Means Committee by January 31, 1996. The study shall end upon presentation of the report.

SECTION 3. The provisions of Section 1 take effect on the date that Section 15, Article I of the Constitution of this State is amended, so as to change the laws relating to the imposition of cruel, unusual, or corporal punishment. If Section 15, Article I of the Constitution is not amended, the provisions of Section 1 are void. The provisions of Section 2 take effect upon approval by the Governor./.

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

The following Bills having been read the second time were ordered placed on the third reading Calendar:

S. 767 -- Senators Matthews and Williams: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY ROAD S-38-1840 IN ORANGEBURG COUNTY BETWEEN THE GATES AT EITHER END OF THE ORANGEBURG-WILKINSON HIGH SCHOOL.

On motion of Senator WILLIAMS, S. 767 was ordered to receive a third reading on Wednesday, April 26, 1995.

S. 597 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING

| Printed Page 1970, Apr. 25 | Printed Page 1990, Apr. 25 |

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