H 4463 Session 111 (1995-1996)
H 4463 General Bill, By Allison, Bailey, C.D. Chamblee, Cotty, Dantzler,
Davenport, Fleming, R.C. Fulmer, H.M. Hallman, Lanford, Law, Lee, L.H. Limbaugh,
Littlejohn, Meacham, Phillips, Sandifer, Seithel, J.S. Shissias, Simrill,
Stille, Stuart, P.H. Thomas, Townsend, J.W. Tucker, Vaughn, Walker, C.C. Wells and
S.S. Wofford
Similar(S 1125)
A Bill to amend Section 16-3-1550, as amended, Code of Laws of South Carolina,
1976, relating to victim impact statements, so as to provide that a statement
may be considered at a sentencing or disposition hearing in Family Court, and
a copy of a statement must be forwarded to the Board of Juvenile Parole.
01/18/96 House Introduced and read first time HJ-4
01/18/96 House Referred to Committee on Judiciary HJ-4
A BILL
TO AMEND SECTION 16-3-1550, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM
IMPACT STATEMENTS, SO AS TO PROVIDE THAT A
STATEMENT MAY BE CONSIDERED AT A SENTENCING OR
DISPOSITION HEARING IN FAMILY COURT, AND A COPY
OF A STATEMENT MUST BE FORWARDED TO THE BOARD
OF JUVENILE PAROLE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 16-3-1550(B) of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"(B) It is the responsibility of the solicitor's Victim or
Witness Assistance Unit in each judicial circuit or a representative
designated by the solicitor or law enforcement agency handling the
case to advise all victims of their right to submit to the court, orally
or in writing at the victim's option, a victim impact statement to be
considered by the judge at the sentencing or disposition hearing in
General Sessions Court, Family Court, and at a parole
hearing. The solicitor's office or law enforcement agency shall
provide a copy of the written form to any victim who wishes to
make a written report. In cases where the solicitor determines that
there has been extensive or significant impact on the life of the
victim, the Victim or Witness Assistance Unit shall assist the victim
in completing the form. The victim shall submit this statement to
the solicitor's office within appropriate time limits set by the
solicitor to be filed in the court records by the solicitor's office so it
may be available to the defense for a reasonable period of time
before sentencing. The court shall allow the defendant to have the
opportunity to rebut the victim's written statement if the court
decides to review any part of the statement before sentencing. If
the defendant is incarcerated, the solicitor shall forward a copy of
the impact statement and copies of all completed Victim/Witness
Notification Requests to the Department of Corrections, the
Department of Probation, Parole, and Pardon Services, and
to the Probation, Parole, and Pardon Services Board, and to
the Board of Juvenile Parole. Solicitors shall begin using these
victim impact statements no later than January 1, 1985."
SECTION 2. This act takes effect upon approval by the
Governor.
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