S 1152 Session 110 (1993-1994)
S 1152 General Bill, By L.E. Richter, Courson, Courtney, Giese, Gregory, Hayes,
Leventis, A.S. Macaulay, Martin, McConnell, McGill, Mescher, O'Dell,
Passailaigue, Peeler, Rankin, Reese, M.T. Rose, Ryberg, Setzler, Waldrep and
Wilson
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 mandate automatic transfer of case involving a sixteen year old
juvenile who commits certain classes of felonies and to allow the family court
to transfer cases involving juveniles fourteen or fifteen years of age who
commit certain classes of felonies; and to amend Section 20-7-1330, as
amended, relating to committing a child to an institution, so as to allow the
family court to set determinate sentences up to age twenty-one.
02/09/94 Senate Introduced and read first time SJ-8
02/09/94 Senate Referred to Committee on Judiciary SJ-8
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
MANDATE AUTOMATIC TRANSFER OF CASE INVOLVING A
SIXTEEN YEAR OLD JUVENILE WHO COMMITS CERTAIN CLASSES
OF FELONIES AND TO ALLOW THE FAMILY COURT TO TRANSFER
CASES INVOLVING JUVENILES FOURTEEN OR FIFTEEN YEARS OF
AGE WHO COMMIT CERTAIN CLASSES OF FELONIES; AND TO
AMEND SECTION 20-7-1330, AS AMENDED, RELATING TO
COMMITTING A CHILD TO AN INSTITUTION, SO AS TO ALLOW THE
FAMILY COURT TO SET DETERMINATE SENTENCES UP TO AGE
TWENTY-ONE.
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. (A) 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 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 immediately to transfer the case, together with
all the papers, documents, and testimony connected therewith
with it, 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
shall then shall proceed as provided in this article.
Notwithstanding any other provision of law, The provisions of this
section shall be are applicable to all existing
offenses embraced therein, irrespective of whether such offenses may
be directed solely at children coming within the scope of this article and
shall likewise be and applicable to such offenses
as shall be created in the future unless the General Assembly
shall specifically directs otherwise direct.
(2) Whenever 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 there.
(3) When an action is brought in any 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
upon his own motion or the motion of any party.
(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, may 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 an offense that would be a Class A, B, C, or D felony as
defined in Section 16-1-20 if committed by an adult, the
court, may after full investigation and hearing, if it
deems may determine it contrary to the best interest of
such the child or of the public to retain
jurisdiction,. The court, acting as committing magistrate,
may bind over such the child for proper criminal
proceedings to any a court which would have trial
jurisdiction of such the 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
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 full authority and power to grant bail,
hold a preliminary hearing and any other powers as now provided by law for
magistrates in such 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 after full
investigation and hearing, if it considers it contrary to 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.
(B) Jurisdiction over a case involving a juvenile must be
transferred if a child sixteen years of age or older is charged with an
offense which would be a Class A, B, C, or D felony as defined in Section
16-1-20 if committed by an adult. The court act as a magistrate shall bind
over the juvenile for proper criminal proceedings to a court which would
have trial jurisdiction of the offenses if committed by an adult."
SECTION 2. Section 20-7-1330(c) of the 1976 Code, as last amended by
Act 615 of 1988, is further amended to read:
"(c) commit the child to the custody or to the guardianship of a
public or private institution or agency authorized to care for children or to
place them in family homes or under the guardianship of a suitable person.
Commitment must be for an indeterminate a determinate
period but in no event beyond the child's twenty-first birthday. The
determinate period may not exceed the term of imprisonment allowed if
the offense was committed by an adult;"
SECTION 3. This act takes effect upon approval by the Governor.
-----XX----- |