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H 3027
Session 125 (2023-2024)


H 3027Next  General Bill, By W. Newton and Pope
 A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-3-1510,
 RELATING TO DEFINITIONS FOR PURPOSES OF VICTIM AND WITNESS SERVICES, SO AS TO
 REVISE THE DEFINITION OF "CRIMINAL OFFENSE".

12/8/2022 House Prefiled 12/8/2022 House Referred to Committee on Judiciary 1/10/2023 House Introduced and read first time (House Journal-page 45) 1/10/2023 House Referred to Committee on Judiciary (House Journal-page 45)


VERSIONS OF THIS BILL

12/08/2022
12/08/2022



H. Previous3027

A bill

to amend the South Carolina Code of Laws by amending Section 16-3-1510, relating to Definitions for purposes of victim and witness services, so as to revise the definition of "criminal offense".

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

SECTION 1.   Section 16-3-1510(3) of the S.C. Code is amended to read:

   (3) "Criminal offense" means an offense against the person of an individual when physical or psychological harm occurs, or against the property of an individual when the value of the property is stolen, damaged, or destroyed, or the cost of the damage to the property is in excess of one thousand dollars. This includes both common law and statutory offenses, the offenses contained in Sections 16-25-20, 16-25-30, 16-25-50, 56-5-1210, 56-5-2910, 56-5-2920, 56-5-2930, 56-5-2945, and the common law offense of attempt, punishable pursuant to Section 16-1-80. However, "criminal offense" specifically excludes the drawing or uttering of a fraudulent check or an offense contained in Title 56 that does not involve personal injury or death.

   For purposes of this article, a victim of any misdemeanor or felony under state law must be notified of or provided with the information required by this section. The terms "crime", "criminal conduct", "charge", or any variation of these terms as used in this article mean all misdemeanors and felonies under state law except the crimes the General Assembly specifically excludes from the notification provisions contained in this article.

SECTION 2.   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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide.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 3.   This act takes effect upon approval by the Governor.

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