South Carolina General Assembly
112th Session, 1997-1998

Bill 928


                    Current Status

Bill Number:                    928
Ratification Number:            277
Act Number:                     443
Type of Legislation:            Joint Resolution JR
Introducing Body:               Senate
Introduced Date:                19980115
Primary Sponsor:                Lander
All Sponsors:                   Lander, Waldrep, McConnell and
                                Courtney 
Drafted Document Number:        gjk\21027sd.98
Date Bill Passed both Bodies:   19980204
Governor's Action:              U Signature of Governor not
                                required
Date of Governor's Action:      19980217
Subject:                        Victim's Bill of Rights, notify
                                and inform of rights; Crimes and
                                Offenses, Constitution of South
                                Carolina, victim

History

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

------  19980910  Act No. A443
------  19980217  Signature of Governor not required
------  19980217  Ratified R277
House   19980204  Read third time, enrolled for
                  ratification
House   19980203  Read second time
House   19980129  Recalled from Committee                  25 HJ
House   19980121  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19980121  Read third time, sent to House
Senate  19980120  Read second time, unanimous
                  consent for third reading on
                  Wednesday, 19980121
Senate  19980115  Introduced, read first time,
                  placed on Calendar without reference


View additional legislative information at the LPITS web site.


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

(A443, R277, S928)

A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A BILL OF RIGHTS FOR CRIME VICTIMS, SO AS TO PROVIDE THAT REQUIREMENTS THAT VICTIMS OF CRIMES BE NOTIFIED AND INFORMED OF THEIR RIGHTS AND PRIVILEGES CONFERRED UPON THEM UNDER THIS SECTION DO NOT APPLY TO CRIMES THE GENERAL ASSEMBLY BY LAW EXCLUDES FROM THESE REQUIREMENTS, AND TO PERMIT THE GENERAL ASSEMBLY BY LAW TO FURTHER DEFINE THE TERM "VICTIM" FOR PURPOSES OF THIS SECTION TO STIPULATE THE SPECIFIC INDIVIDUALS TO WHOM THIS SECTION APPLIES.

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

Crimes excluded; definition of victim

SECTION 1. It is proposed that Section 24, Article I of the Constitution of this State is amended by adding a new subsection (D) to read:

"(D) For purposes of this section, victims of any misdemeanor or felony under the laws of this State or at common law must be notified of or provided with the information required by this section unless the General Assembly by law excludes particular misdemeanors or felonies from these notification provisions. The terms 'crime', 'criminal conduct', 'charge', or any variations thereof in another context as used herein shall mean all misdemeanors and felonies under the laws of this State or at common law except those crimes the General Assembly specifically excludes from the notification provisions of this section. The General Assembly is also authorized by law to further define the term 'victim' for purposes of this section to stipulate the specific individuals to whom this section applies."

Question

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 ballot:

"Must Section 24, Article I of the Constitution of this State relating to a bill of rights for crime victims be amended so as to provide that requirements that victims of crimes be notified and informed of their rights and privileges conferred upon them under this section do not apply to crimes the General Assembly by law excludes from these requirements, and to permit the General Assembly by law to further define the term 'victim' for purposes of this section to stipulate the specific individuals to whom the section applies?

Yes []

No []

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'."

Ratified the 17th day of February, 1998.