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TO AMEND SECTION 17-22-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF PRETRIAL INTERVENTION PROGRAMS BY CIRCUIT SOLICITORS, SO AS TO ADD THAT THE CIRCUIT SOLICITOR HAS DISCRETION TO AUTHORIZE THE ESTABLISHMENT BY MUNICIPALITIES AND COUNTIES WITHIN THE CIRCUIT OF A PRETRIAL DIVERSION PROGRAM FOR HIGH SCHOOL STUDENTS WHO RECEIVE TRAFFIC TICKETS, TO EXEMPT THE STUDENTS FROM ELIGIBILITY LIMITATIONS FOR PRETRIAL INTERVENTION PROGRAMS, AND TO PROVIDE THAT A STUDENT MAY NOT BE CONSIDERED FOR THE PRETRIAL DIVERSION PROGRAM IF HE HAS PREVIOUSLY BEEN ACCEPTED INTO THE PROGRAM AND HAD A TRAFFIC TICKET DISMISSED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-22-30 of the 1976 Code is amended to read:
"Section 17-22-30. (A) Each circuit solicitor shall have has the prosecutorial discretion as defined herein in this chapter and shall establish, as a matter of such prosecutorial discretion establish, a pretrial intervention program in the respective circuits.
(B) The circuit solicitors are specifically endowed with and shall retain all discretionary powers under the common law.
(C) A pretrial intervention program shall must be under the direct supervision and control of the circuit solicitor; however, he may contract for services with any agency desired.
(D) The South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for the circuit solicitors' pretrial intervention programs.
(E) Each circuit solicitor has the discretion to authorize the establishment by a municipality or county within the solicitor's circuit of a pretrial diversion program for high school students who receive traffic tickets. A student who successfully completes the pretrial diversion program shall have his traffic ticket dismissed. This pretrial diversion program is separate and distinct from the pretrial intervention program and not subject to the limitations or restrictions on eligibility as contained in this chapter. However, a student may not be considered for the pretrial diversion program if he has previously been accepted into the program and a previous traffic ticket has been dismissed pursuant to the provisions of this subsection."
SECTION 2. This act takes effect upon approval of the Governor.
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