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H. 3129
STATUS INFORMATION
General Bill
Sponsors: Rep. W.D. Smith
Document Path: l:\council\bills\ms\7077ahb07.doc
Introduced in the House on January 9, 2007
Currently residing in the House Committee on Judiciary
Summary: Crime victims
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/13/2006 House Prefiled
12/13/2006 House Referred to Committee on Judiciary
1/9/2007 House Introduced and read first time HJ-71
1/9/2007 House Referred to Committee on Judiciary HJ-72
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 14-1-206, 14-1-207, 14-1-208, AND 14-1-211, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL ASSESSMENTS AND SURCHARGES ON FINES FROM CERTAIN COURTS, ALL SO AS TO STIPULATE THAT THE FUNDS GENERATED FOR USE FOR SERVICES FOR VICTIMS OF CRIME MAY NOT BE USED FOR CERTAIN OTHER LAW ENFORCEMENT PURPOSES; TO AMEND SECTION 16-3-1520, RELATING TO VICTIM ASSISTANCE AND THE TYPES OF INFORMATION A VICTIM IS ENTITLED TO RECEIVE, SO AS TO REQUIRE LAW ENFORCEMENT TO PREPARE A VICTIM INFORMATION SHEET FOR EVERY VICTIM INVOLVED IN A CRIMINAL ACT AND TO PRESCRIBE THE INFORMATION THAT MUST BE CONTAINED ON THE VICTIM INFORMATION SHEET; AND TO REPEAL ARTICLE 14, CHAPTER 3, TITLE 16 RELATING TO THE VICTIM/WITNESS ASSISTANCE PROGRAM.
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 105 of 1999, is further amended to read:
"(D) The revenue retained by the county under pursuant to subsection (B) must be used for the provision of services for the victims of crime including those required by law. These funds must be appropriated for the exclusive purpose of providing victim services as required by Article 15 of Title 16; specifically, those service requirements that are imposed on local law enforcement, local detention facilities, prosecutors, and the summary courts. First priority must be given to those victims' assistance programs which are required by Article 15 of Title 16 and second priority must be given to programs which expand victims' services beyond those required by Article 15 of Title 16. These funds may not be used for law enforcement activities or purposes including police equipment and training or for the difference in employer contributions between the South Carolina Retirement System and the Police Officers Retirement System. All unused funds must be carried forward from year to year and used exclusively for the provision of services for victims of crime. All unused funds must be separately identified in the governmental entity's adopted budget as funds unused and carried forward from previous years."
SECTION 2. Section 14-1-207(D) of the 1976 Code, as last amended by Act 105 of 1999, is further amended to read:
"(D) The revenue retained by the county under pursuant to subsection (B) must be used for the provision of services for the victims of crime including those required by law. These funds must be appropriated for the exclusive purpose of providing victim services as required by Article 15 of Title 16; specifically, those service requirements that are imposed on local law enforcement, local detention facilities, prosecutors, and the summary courts. First priority must be given to those victims' assistance programs which are required by Article 15 of Title 16 and second priority must be given to programs which expand victims' services beyond those required by Article 15 of Title 16. These funds may not be used for law enforcement activities or purposes including police equipment and training or for the difference in employer contributions between the South Carolina Retirement System and the Police Officers Retirement System. All unused funds must be carried forward from year to year and used exclusively for the provision of services for victims of crime. All unused funds must be separately identified in the governmental entity's adopted budget as funds unused and carried forward from previous years."
SECTION 3. Section 14-1-208(D) of the 1976 Code, as last amended by Act 105 of 1999, is further amended to read:
"(D) The revenue retained by the municipality under pursuant to subsection (B) must be used for the provision of services for the victims of crime including those required by law. These funds must be appropriated for the exclusive purpose of providing victim services as required by Article 15 of Title 16; specifically, those service requirements that are imposed on local law enforcement, local detention facilities, prosecutors, and the summary courts. First priority must be given to those victims' assistance programs which are required by Article 15 of Title 16 and second priority must be given to programs which expand victims' services beyond those required by Article 15 of Title 16. These funds may not be used for law enforcement activities or purposes including police equipment and training or for the difference in employer contributions between the South Carolina Retirement System and the Police Officers Retirement System. All unused funds must be carried forward from year to year and used exclusively for the provision of services for victims of crime. All unused funds must be separately identified in the governmental entity's adopted budget as funds unused and carried forward from previous years."
SECTION 4. Section 14-1-211(B) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:
"(B) The revenue collected pursuant to subsection (A)(1) 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)(1) 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. These funds must be appropriated for the exclusive purpose of providing victim services as required by Chapter 3, Article 15 of Title 16; specifically, those service requirements that are imposed on local law enforcement, local detention facilities, prosecutors, and the summary courts. First priority must be given to those victims' assistance programs which are required by Chapter 3, Article 15 of Title 16 and second priority must be given to programs which expand victims' services beyond those required by Chapter 3, Article 15 of Title 16. 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. These funds may not be used for law enforcement activities or purposes including police equipment and training or for the difference in employer contributions between the South Carolina Retirement System and the Police Officers Retirement 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. All unused funds must be separately identified in the governmental entity's adopted budget as funds unused and carried forward from previous years. The revenue collected pursuant to subsection (A)(2) must be paid over to the State Treasurer monthly and placed in a separate account to be used for spinal cord research by the Medical University of South Carolina.
All one-time operating and administrative costs for municipal and county governments related to computer upgrades or programming related to these surcharges shall be deducted from the revenue collected pursuant to subsection (A)(2) by municipal and county governments before remission of these funds to the State Treasurer. All operating, personnel, and administrative costs and expenses of the Spinal Cord Injury Research Board and its programs as established in Article 5, Chapter 38 of Title 44, must be paid for through revenue collected pursuant to subsection (A)(2) and deposited in this separate account. A report detailing the use of these funds must be furnished to the General Assembly on an annual basis."
SECTION 5. Section 16-3-1520 of the 1976 Code is amended by adding an appropriately designated subsection at the end to read:
"( ) Law enforcement must prepare a victim information sheet for every victim involved in a criminal act. This information sheet must contain the defendant's name and the warrant number, the victim's name, mailing address, and telephone number. In the case of a victim who is deceased, incompetent, or a minor, the name of a responsible party, along with mailing address and telephone number must be included. The victim information sheet must be attached to the:
(1) served warrant when it is returned to the summary court;
(2) warrant or warrant copy when it is transmitted from the summary court to the clerk of court; and
(3) warrant copy when it is transmitted from the clerk of court to the solicitor's office."
SECTION 6. Article 14, Chapter 3, Title 16 of the 1976 Code is repealed.
SECTION 7. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 8. This act takes effect upon approval by the Governor.
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