S*0059(Rat #0373, Act #0356 of 1988)  General Bill, By T.H. Pope
 A Bill to amend Sections 17-3-30 and 17-3-40, Code of Laws of South Carolina,
 1976, relating to the defense of indigents, so as to provide that an indigent
 ordered by the court to pay his assets to the State for the purpose of his
 representation shall pay these assets to the defender corporation, if one
 exists, of the county wherein he is being represented, and if one does not
 exist then to the judicial department of the State as is now provided by law.

   09/22/86  Senate Prefiled
   09/22/86  Senate Referred to Committee on Judiciary
   01/13/87  Senate Introduced and read first time SJ-61
   01/13/87  Senate Referred to Committee on Judiciary SJ-61
   04/22/87  Senate Committee report: Favorable Judiciary SJ-1430
   04/23/87  Senate Read second time SJ-1493
   04/30/87  Senate Read third time and sent to House SJ-1631
   05/05/87  House  Introduced and read first time HJ-2411
   05/05/87  House  Referred to Committee on Ways and Means HJ-2411
   01/13/88  House  Committee report: Favorable Ways and Means HJ-329
   01/20/88  House  Debate adjourned until Tuesday, January 26, 1988 HJ-442
   01/26/88  House  Debate adjourned until Tuesday, February 2, 1988 HJ-547
   02/02/88  House  Debate adjourned until Thursday, February 4, 1988
                     HJ-864
   02/04/88  House  Debate adjourned until Tuesday, February 16, 1988
                     HJ-939
   02/16/88  House  Debate adjourned until Wednesday, February 17,
                     1988 HJ-1192
   02/17/88  House  Debate adjourned until Tuesday, February 23, 1988
                     HJ-1236
   02/23/88  House  Read second time HJ-1356
   02/24/88  House  Read third time and enrolled HJ-1433
   03/08/88         Ratified R 373
   03/14/88         Signed By Governor
   03/14/88         Effective date 03/14/88
   03/14/88         Act No. 356
   03/15/88         Copies available

AN ACT TO AMEND SECTIONS 17-3-30 AND 17-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INDIGENTS, SO AS TO PROVIDE THAT AN INDIGENT ORDERED BY THE COURT TO PAY HIS ASSETS TO THE STATE FOR THE PURPOSE OF HIS REPRESENTATION SHALL PAY THESE ASSETS TO THE DEFENDER CORPORATION, IF ONE EXISTS, OF THE COUNTY WHEREIN HE IS BEING REPRESENTED, AND IF ONE DOES NOT EXIST THEN TO THE JUDICIAL DEPARTMENT OF THE STATE AS IS NOW PROVIDED BY LAW.

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

Assets paid to defender corporation

SECTION 1. Section 17-3-30 of the 1976 Code, is amended to read

"Section 17-3-30. A person to whom counsel has been provided shall execute an affidavit that he is financially unable to employ counsel and that affidavit shall set forth all his assets. If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets to the defender corporation of the county or counties wherein he is being represented or, if a defender corporation does not exist therein, to the judicial department of the State of South Carolina."

Assets paid to defender corporation

SECTION 2. Section 17-3-40(a) of the 1976 Code is amended to read:

"(a) The appointment of counsel, as hereinbefore provided, creates a claim against the assets and estate of the person who is provided counsel in an amount equal to the costs of representation as determined pursuant to Sections 17-3-50 and 17-3-80, less that amount that the person pays to the defender corporation of the county or counties wherein he is being represented or the judicial department as provided for in Section 17-3-30."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.