S 1092 Session 110 (1993-1994)
S 1092 General Bill, By McConnell
A Bill to amend Section 20-7-430, as amended, Code of Laws of South Carolina,
1976, relating to transfer of jurisdiction by certain courts over juveniles,
so as to provide that cases involving juveniles fifteen years of age or older
who commit a criminal offense must be transferred to general sessions court
and to provide exceptions.
01/27/94 Senate Introduced and read first time SJ-5
01/27/94 Senate Referred to Committee on Judiciary SJ-5
A BILL
TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF
JURISDICTION BY CERTAIN COURTS OVER JUVENILES, SO AS TO
PROVIDE THAT CASES INVOLVING JUVENILES FIFTEEN YEARS OF
AGE OR OLDER WHO COMMIT A CRIMINAL OFFENSE MUST BE
TRANSFERRED TO GENERAL SESSIONS COURT AND TO PROVIDE
EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-430 of the 1976 Code, as last amended by Act
579 of 1990, is further amended to read:
"Section 20-7-430. Jurisdiction over a case involving a juvenile
may be transferred in the following instances:
(1) If, during the pendency of a criminal or quasi-criminal charge
against any a minor in a circuit court of this State, it
shall be is ascertained that the minor was fourteen
years of age or under the age of seventeen years at the time of
committing the alleged offense, it shall be is the duty of
such the court forthwith to transfer the case
immediately, together with all the papers, documents, and
connected testimony connected therewith, to the
family court of competent jurisdiction, except in those cases where the
Constitution gives to the circuit court exclusive jurisdiction or in those
cases where jurisdiction has properly been transferred to the circuit court
by the family court under the provisions of this section. The court making
such the transfer shall order the minor to be taken
forthwith immediately to the place of detention designed
by the court or to that court itself, or shall release such
the minor to the custody of some suitable person to be brought
before the court at a time designated. The court then shall
then proceed as provided in this article. Notwithstanding any other
provision of law, the provisions of this section shall be are
applicable to all offenses embraced therein, irrespective of
whether such the offenses may be directed solely at
children coming within the scope of this article and shall likewise
be also are applicable to such offenses as shall
be created in the future unless the General Assembly shall
specifically directs otherwise direct.
(2) Whenever When a person is brought before a
magistrate or city recorder and, in the opinion of the magistrate or city
recorder, the person should be brought to the family court of competent
jurisdiction under the provisions of this section, the magistrate or city
recorder shall thereupon transfer such the case to
the family court and direct that the persons involved be taken
thereto to it.
(3) When an action is brought in any a county court
or circuit court which, in the opinion of the judge thereof, falls
within the jurisdiction of the family court, he may transfer the action
thereto to the family court upon his own motion or the
motion of any party.
(4) If a child sixteen fifteen 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 shall
bind over the child for proper criminal proceedings to a court which would
have trial jurisdiction of the offense if committed by an adult unless,
after full investigation and hearing, deems it
determines contrary to that it is in 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 child for proper criminal proceedings to any
court which would have trial jurisdiction of such 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 shall bind over the child for proper
criminal proceedings to any court which would have trial jurisdiction of the
offenses if committed by an adult unless, after full investigation and
hearing, if it deems determines
that it contrary to is in the best interest of
such the child or of the public to retain jurisdiction,
acting as committing magistrate, bind over such child for proper criminal
proceedings to any court which would have trial jurisdiction of such
offenses if committed by an adult.
(6) Within thirty days after the filing of a petition in the family court
alleging the child has committed the offense of murder or criminal sexual
conduct, the person executing the petition may request in writing that the
case be transferred to the court of general sessions with a view to
proceeding against the child as a criminal rather than as a child coming
within the purview of this article. The judge of the family court is
authorized to determine this request. If the request is denied, the petitioner
may appeal within five days to the circuit court. Upon the hearing of the
appeal, the judge of the circuit court is vested with the discretion of
exercising and asserting the jurisdiction of the court of general sessions or
of relinquishing jurisdiction to the family court. If the circuit judge elects
to exercise the jurisdiction of the general sessions court for trial of the
case, he shall issue an order to that effect, and then the family court has no
further jurisdiction in the matter.
(7) Once the family court relinquishes its jurisdiction over the child
under the provisions of this section and the child is bound over to
be treated as an adult, the provisions of Section 20-7-780 dealing with the
confidentiality of identity and fingerprints will not be applicable.
(8) When jurisdiction is relinquished by the family court in favor of
another court, the court shall have has full authority and
power to grant bail, hold a preliminary hearing, and any other
powers as now provided by law for magistrates in such
those cases.
(9) If a child fifteen years of age or older is charged with a violation of
Section 16-23-430(1) or Section 44-53-445, the court may
shall bind over the child for proper criminal proceedings to a court
which would have trial jurisdiction of the offense if committed by an adult
unless, after full investigation and hearing, if it
considers determines that it contrary to is
in the best interest of the child or the public to retain jurisdiction,
acting as committing magistrate, bind over the child for proper criminal
proceedings to a court which would have trial jurisdiction of the offenses
if committed by an adult."
SECTION 2. This act takes effect upon approval by the Governor.
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