South Carolina General Assembly
113th Session, 1999-2000

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Bill 585

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

AS PASSED BY THE SENATE

April 15, 1999

S. 585

Introduced by Senator McConnell

S. Printed 4/15/99--S.

Read the first time March 10, 1999.

A BILL

TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO ASSESSMENTS IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL, AND MAGISTRATE'S COURT, SO AS TO PROVIDE THAT, INSTEAD OF FUNDS NOT USED FOR THE PROVISION OF VICTIMS SERVICES AT THE END OF THE FISCAL YEAR BEING USED FOR THE CAPITAL AND OPERATING NEEDS OF THE JUDICIAL SYSTEM, THE UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR THE PROVISION OF VICTIM SERVICES, AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO A SURCHARGE IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL, AND MAGISTRATE'S COURT, SO AS TO DELETE A PROVISION THAT THE SURCHARGE FUNDS ARE PART OF THE GENERAL FUND OF THE CITY OR COUNTY FOR THE PURPOSE OF FUNDS ALLOCATION AND EXPENDITURE AND TO PROVIDE THAT UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR PROVISION OF SERVICES TO CRIME VICTIMS.

Amend Title To Conform

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

SECTION 1. Section 14-1-206(D) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(D) The revenue retained by the county under subsection (B) must be used for the provision of services for the victims of crime including those required by law. Any funds distributed to or retained by the county treasurer pursuant to this item which are not used for the provision of victim services at the end of the fiscal year may be used for the capital or operating needs of the judicial system. All unused funds must be carried forward from year to year and used exclusively for the provision of services for victims of crime."

SECTION 2. Section 14-1-207(D) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(D) The revenue retained by the county under subsection (B) must be used for the provision of services for the victims of crime including those required by law. Any funds distributed to or retained by the county treasurer pursuant to this item which are not used for the provision of victim services at the end of the fiscal year may be used for the capital or operating needs of the judicial system. All unused funds must be carried forward from year to year and used exclusively for the provision of services for victims of crime."

SECTION 3. Section 14-1-208(D) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(D) The revenue retained by the municipality under subsection (B) must be used for the provision of services for the victims of crime including those required by law. Any funds distributed to or retained by the county treasurer pursuant to this item which are not used for the provision of victim services at the end of the fiscal year may be used for the capital or operating needs of the judicial system. All unused funds must be carried forward from year to year and used exclusively for the provision of services for victims of crime."

SECTION 4. Section 14-1-211(B) and (C) of the 1976 Code, as last amended by Act 343 of 1998, is further amended to read:

"(B) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction which heard or processed the case and paid to the city or county treasurer, for the purpose of providing services for the victims of crime, including those required by law. Any funds retained by the county or city treasurer pursuant to subsection (A) must be deposited into a separate account for the exclusive use for all activities related to the requirements contained in this provision. For the purpose of funds allocation and expenditure, these funds are a part of the general funds of the city or county. However, these funds first must be appropriated to the local agencies and offices providing victim services and not previously funded by the State. These funds must be used for, but are not limited to, salaries, equipment that includes computer equipment and internet access, or other expenditures necessary for providing services to crime victims. Any funds which are not used for the provision of victim services at the end of the fiscal year may be used for the capital and operating needs of the judicial system. All unused funds must be carried forward from year to year and used exclusively for the provision of services to the victims of crime.

(C) The surcharged revenue retained by the general sessions court, magistrates, or municipal courts in this State pursuant to subsection (B) must be reported by the city or county treasurer to the State Treasurer monthly. Any funds retained by the city or county treasurer pursuant to this subsection which are not used for the provision of victims' services at the end of the fiscal year may be used for the capital and operating needs of the judicial system. All unused funds must be carried forward from year to year and used exclusively for the provision of services to the victims of crime."

SECTION 5. This act takes effect upon approval by the Governor.

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