S 1125 Session 111 (1995-1996)
S 1125 General Bill, By Fair
Similar(H 4463)
A Bill to amend Section 16-3-1550, as amended, Code of Laws of South Carolina,
1976, relating to victim impact statements, so as to provide that a statement
may be considered at a sentencing or disposition hearing in Family Court, and
a copy of a statement must be forwarded to the Board of Juvenile Parole.
02/13/96 Senate Introduced and read first time SJ-3
02/13/96 Senate Referred to Committee on Judiciary SJ-3
04/24/96 Senate Committee report: Favorable Judiciary SJ-15
04/25/96 Senate Read second time SJ-54
04/25/96 Senate Unanimous consent for third reading on next
legislative day SJ-54
04/26/96 Senate Read third time and sent to House SJ-6
04/30/96 House Introduced and read first time HJ-18
04/30/96 House Referred to Committee on Judiciary HJ-18
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 24, 1996
S. 1125
Introduced by SENATOR Fair
S. Printed 4/24/96--S.
Read the first time February 13, 1996.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (S. 1125), to amend Section
16-3-1550, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
GLENN F. McCONNELL, for Committee.
STATEMENT OF ESTIMATED FISCAL
IMPACT
1. Estimated Cost to State-First YearMinimal to $471,200
2. Estimated Cost to State-Annually Thereafter
Minimal to $471,200
Prosecution Coordination Commission
Fiscal impact of this legislation can be estimated as follows:
The Solicitor's Victim/Witness Assistance Unit in each judicial
circuit currently has the responsibility of providing information to
the sentencing judge regarding the impact on victims of crime in
General Sessions Court. This legislation would expand that
responsibility into the Family Courts of the state.
The Victim/Witness Assistance Units within the various judicial
circuits are currently funded by two revenue sources. First, funds
are provided through a general fund appropriation of $21,309
within the Governor's Office, Division of Victim Assistance.
Second, other funds are allocated to each unit from fines associated
with driving under the influence (DUI) violations.
Additional appropriations for Solicitors will likely be necessary
to implement this legislation given the increase in Family Court
responsibilities; however, since no reliable data base exists to
estimate the number of family court cases that would require a
victim impact statement, an estimate of costs is difficult to obtain.
Nevertheless, it is reasonable to assume at least minimal costs to
result from implementation of this legislation.
At a maximum, implementation of this legislation would require
at least one additional employee per circuit to undertake the
responsibilities of providing information to the sentencing judge
regarding the impact on victims of crime in Family Court. The
following is estimated cost to implement the requirement of the
legislation given this assumption: (16) FTE including employer
contributions $380,000; recurring operating expenses $60,800,
non-recurring operating expenses $30,400, for a total of $471,200.
* The staff of the Solicitors' Victim/Witness Assistance Units are
considered county employees.
Attorney General's Office
The Office of the Attorney General states that there will be
minimal impact if this legislation is enacted.
Pursuant to Section 2-7-76 of the South Carolina Code of Laws,
1976, the State Budget Office has surveyed members of the FIST
network. The responses will be forwarded to the committee upon
receipt.
Should an other funds source be identified and directed to
underwrite the costs of Family Court victims' impact statements in
a similar manner as DUI fines for Circuit Court victims' impact
statements, the general fund fiscal impact of this proposed
legislation would decrease accordingly.
Approved By:
Michael L. Shealy
Office of State Budget
A BILL
TO AMEND SECTION 16-3-1550, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM
IMPACT STATEMENTS, SO AS TO PROVIDE THAT A
STATEMENT MAY BE CONSIDERED AT A SENTENCING OR
DISPOSITION HEARING IN FAMILY COURT, AND A COPY
OF A STATEMENT MUST BE FORWARDED TO THE BOARD
OF JUVENILE PAROLE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 16-3-1550(B) of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"(B) It is the responsibility of the solicitor's Victim or
Witness Assistance Unit in each judicial circuit or a representative
designated by the solicitor or law enforcement agency handling the
case to advise all victims of their right to submit to the court, orally
or in writing at the victim's option, a victim impact statement to be
considered by the judge at the sentencing or disposition hearing in
General Sessions Court, Family Court, and at a parole
hearing. The solicitor's office or law enforcement agency shall
provide a copy of the written form to any victim who wishes to
make a written report. In cases where the solicitor determines that
there has been extensive or significant impact on the life of the
victim, the Victim or Witness Assistance Unit shall assist the victim
in completing the form. The victim shall submit this statement to
the solicitor's office within appropriate time limits set by the
solicitor to be filed in the court records by the solicitor's office so it
may be available to the defense for a reasonable period of time
before sentencing. The court shall allow the defendant to have the
opportunity to rebut the victim's written statement if the court
decides to review any part of the statement before sentencing. If
the defendant is incarcerated, the solicitor shall forward a copy of
the impact statement and copies of all completed Victim/Witness
Notification Requests to the Department of Corrections, the
Department of Probation, Parole, and Pardon Services,
and to the Probation, Parole, and Pardon Services
Board, and to the Board of Juvenile Parole. Solicitors shall
begin using these victim impact statements no later than January 1,
1985."
SECTION 2. This act takes effect upon approval by the
Governor.
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