S 0333  General Bill, By M.B.Matthews

Similar(S 218)
 A BILL TO AMEND ARTICLE 5, CHAPTER 21, TITLE 24 OF THE 1976 CODE, RELATING TO
 PROBATION, BY ADDING SECTION 24-21-435, TO PROVIDE THAT PROBATION OFFICERS,
 COURT PERSONNEL, COUNTY AND MUNICIPAL PERSONNEL, PUBLIC OFFICIALS, AND PRIVATE
 VOLUNTEERS WHO PARTICIPATE IN COMMUNITY SERVICE PROGRAMS IN WHICH A
 PROBATIONER IS COMPLETING COMMUNITY SERVICE AS A CONDITION OF PROBATION ARE
 NOT LIABLE FOR CIVIL DAMAGES UNLESS AN INJURY OR DAMAGES RESULT FROM THE GROSS
 NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL MISCONDUCT OF SUCH PERSON.
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   01/08/19  Senate Introduced and read first time
                     (Senate Journal-page 187)
   01/08/19  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 187)
   01/10/19  Senate Recalled from Committee on Judiciary
                     (Senate Journal-page 2)
   01/10/19  Senate Committed to Committee on Corrections and
                     Penology (Senate Journal-page 2)
   01/16/19  Senate Polled out of committee Corrections and Penology
                     (Senate Journal-page 9)
   01/16/19  Senate Committee report: Favorable Corrections and
                     Penology (Senate Journal-page 9)
   01/22/19  Senate Read second time (Senate Journal-page 20)
   01/22/19  Senate Roll call Ayes-41  Nays-0 (Senate Journal-page 20)
   01/23/19  Senate Read third time and sent to House
                     (Senate Journal-page 12)
   01/23/19  House  Introduced and read first time (House Journal-page 12)
   01/23/19  House  Referred to Committee on Judiciary
                     (House Journal-page 12)

POLLED OUT OF COMMITTEE

MAJORITY FAVORABLE

January 16, 2019

S. 333

S. Printed 1/16/19--S.

Read the first time January 8, 2019.

To whom was referred a Bill (S. 333) to amend Article 5, Chapter 21, Title 24 of the 1976 Code, relating to probation, by adding Section 24-21-435, to provide that probation officers, etc., respectfully

Has polled the Bill out majority favorable.

TO AMEND ARTICLE 5, CHAPTER 21, TITLE 24 OF THE 1976 CODE, RELATING TO PROBATION, BY ADDING SECTION 24-21-435, TO PROVIDE THAT PROBATION OFFICERS, COURT PERSONNEL, COUNTY AND MUNICIPAL PERSONNEL, PUBLIC OFFICIALS, AND PRIVATE VOLUNTEERS WHO PARTICIPATE IN COMMUNITY SERVICE PROGRAMS IN WHICH A PROBATIONER IS COMPLETING COMMUNITY SERVICE AS A CONDITION OF PROBATION ARE NOT LIABLE FOR CIVIL DAMAGES UNLESS AN INJURY OR DAMAGES RESULT FROM THE GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL MISCONDUCT OF SUCH PERSON.

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

SECTION    1.    Article 5, Chapter 21, Title 24 of the 1976 Code is amended by adding:

"Section 24-21-435.    (A)    Probation officers, court personnel, county and municipal personnel, public officials, charitable organizations, and private volunteers that allow those who are on probation to participate in community service programs pursuant to Section 24-21-430 are not liable for civil damages, unless an injury or damages result from the gross negligence, recklessness, or intentional misconduct of such person or organization.

(B)    Nothing in this section shall be construed as granting immunity to a driver transporting a probationer to community service or a motorist who, by his negligence, injures a probationer on community service.

(C)    Nothing in this section shall be construed as granting a probationer who is voluntarily completing community service as a condition of probation pursuant to Section 24-21-430 any claim under workers' compensation."

SECTION    2.    This act takes effect upon approval by the Governor.