H 4483 Session 109 (1991-1992)
H 4483 General Bill, By J.J. Bailey, R.A. Barber, R.C. Fulmer, H.M. Hallman,
D.N. Holt, J. Rama and R.M. Young
A Bill to amend Section 20-7-430, as amended, Code of Laws of South Carolina,
1976, relating to the jurisdiction of courts over a juvenile, so as to require
that a juvenile fourteen years of age or older who commits a crime that would
be a felony if committed by an adult must be tried as an adult in the Court of
General Sessions; to amend Section 20-7-780, relating to the confidentiality
of fingerprint records of a juvenile, so as to provide that juveniles detained
for offenses that would be a crime if committed by an adult must be
photographed and fingerprinted and the records may be transmitted to the State
Law Enforcement Division, the Federal Bureau of Investigation, or other law
enforcement agencies; and to amend Section 20-7-2170, relating to commitment
of a juvenile, so as to provide that a juvenile adjudicated delinquent for
committing a felony may be sentenced based on standards used for an adult, and
must be held in a maximum security facility for juveniles until he reaches
eighteen years of age.
02/27/92 House Introduced and read first time HJ-10
02/27/92 House Referred to Committee on Judiciary HJ-10
A BILL
TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION
OF COURTS OVER A JUVENILE, SO AS TO REQUIRE THAT A
JUVENILE FOURTEEN YEARS OF AGE OR OLDER WHO
COMMITS A CRIME THAT WOULD BE A FELONY IF
COMMITTED BY AN ADULT MUST BE TRIED AS AN ADULT IN
THE COURT OF GENERAL SESSIONS; TO AMEND SECTION
20-7-780, RELATING TO THE CONFIDENTIALITY OF
FINGERPRINT RECORDS OF A JUVENILE, SO AS TO PROVIDE
THAT JUVENILES DETAINED FOR OFFENSES THAT WOULD BE
A CRIME IF COMMITTED BY AN ADULT MUST BE
PHOTOGRAPHED AND FINGERPRINTED AND THE RECORDS
MAY BE TRANSMITTED TO THE STATE LAW ENFORCEMENT
DIVISION, THE FEDERAL BUREAU OF INVESTIGATION, OR
OTHER LAW ENFORCEMENT AGENCIES; AND TO AMEND
SECTION 20-7-2170, RELATING TO COMMITMENT OF A
JUVENILE, SO AS TO PROVIDE THAT A JUVENILE
ADJUDICATED DELINQUENT FOR COMMITTING A FELONY
MAY BE SENTENCED BASED ON STANDARDS USED FOR AN
ADULT, AND MUST BE HELD IN A MAXIMUM SECURITY
FACILITY FOR JUVENILES UNTIL HE REACHES EIGHTEEN
YEARS OF AGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Items (4) and (5) of Section 20-7-430 are amended to
read:
"(4) If a child sixteen years of age or older is charged with
an offense which would be a misdemeanor or felony if
committed by an adult and if the court, after full investigation,
deems considers it contrary to the best interest of
such the child or of the public to retain
jurisdiction, the court may, in its discretion, acting as committing
magistrate, bind over such the child for proper criminal
proceedings to any a court which would have trial
jurisdiction of such the offense if committed by an
adult.
(5) If a child fourteen or fifteen years of age who has two
prior and unrelated adjudications of assault, assault and battery with
intent to kill, assault and battery of a high and aggravated nature, arson,
housebreaking, burglary, kidnapping, attempted criminal sexual conduct
or robbery and is currently charged with a third or subsequent such
offense, the court may after full investigation and hearing, if it deems it
contrary to the best interest of such child or of the public to retain
jurisdiction, or older is charged with an offense which would be
a felony if committed by an adult or housebreaking or robbery, the
court, acting as committing magistrate, shall bind over
such the child for proper criminal proceedings to
any a court which would have trial jurisdiction of
such offenses the offense if committed by an
adult."
SECTION 2. Section 20-7-780(C), as last amended by Act 418 of
1990, is further amended to read:
"(C) A juvenile charged with committing a violent
an offense as defined in Section 16-1-60, or charged with
committing grand larceny of a motor vehicle, may that would be
crime if committed by an adult must be fingerprinted by the law
enforcement agency who takes the juvenile into custody. A juvenile
charged with committing a nonviolent or status offense must not
be fingerprinted by law enforcement except upon order of a family court
judge. The fingerprint records of a juvenile must be kept separate from
the fingerprint records of adults. The fingerprint records of a juvenile
must not may be transmitted to the files of the State
Law Enforcement Division or to the Federal Bureau of Investigation or
otherwise distributed or provided to another law enforcement agency
unless when the juvenile is adjudicated delinquent for
having committed a violent an offense, as defined
in Section 16-1-60, or for grand larceny of a motor vehicle that
is a felony or misdemeanor. The fingerprint records of a juvenile
who is not adjudicated delinquent, for having committed a
violent offense, as defined in Section 16-1-60, or for grand larceny of a
motor vehicle upon notification to law enforcement, must be
destroyed or otherwise expunged by the law enforcement agency who
took the juvenile into custody. The Department of Youth Services may
fingerprint and photograph a juvenile upon commitment to a juvenile
correctional institution. Fingerprints and photographs taken by the
Department of Youth Services remain confidential and must not
may be transmitted to the State Law Enforcement Division, the
Federal Bureau of Investigation, or another agency or person,
except for, the purpose of among other
things, aiding the department in apprehending an escapee from the
department or assisting the Missing Persons Information Center in the
location or identification of a missing or runaway child."
SECTION 3. Section 20-7-2170 of the 1976 Code is amended by
adding at the end:
"A juvenile between the ages of fourteen and seventeen
adjudicated delinquent for committing the crimes of homicide, armed
robbery, or criminal sexual conduct (rape) must be sentenced by the
Family Court pursuant to guidelines established for adults and must be
incarcerated in a maximum security facility for juveniles under the
control of the Board of Youth Services. The Family Court may commit
the juvenile for a minimum period of time during which the board may
not release the juvenile."
SECTION 4. This act takes effect upon approval by the Governor.
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