H 4919 General Bill, By Talley
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-1-125 SO AS TO PROVIDE THAT A PERSON WITH A PRIOR CONVICTION FOR A VIOLENT
 OFFENSE OR AN OFFENSE WITH A MAXIMUM PENALTY OF TWENTY YEARS OR MORE WHO IS
 CONVICTED OF ANOTHER FELONY OFFENSE MAY NOT HAVE HIS SENTENCE SUSPENDED NOR
 MAY PROBATION BE GRANTED.

   04/01/08  House  Introduced and read first time HJ-8
   04/01/08  House  Referred to Committee on Judiciary HJ-8

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-1-125 SO AS TO PROVIDE THAT A PERSON WITH A PRIOR CONVICTION FOR A VIOLENT OFFENSE OR AN OFFENSE WITH A MAXIMUM PENALTY OF TWENTY YEARS OR MORE WHO IS CONVICTED OF ANOTHER FELONY OFFENSE MAY NOT HAVE HIS SENTENCE SUSPENDED NOR MAY PROBATION BE GRANTED.

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

SECTION    1.    Chapter 1, Title 16 of the 1976 Code is amended by adding:

"Section 16-1-125.    When a person who has a prior conviction for a violent offense as defined in Section 16-1-60, a Class A, B, or C felony offense, or an offense exempt from classification which provides for a maximum term of imprisonment of twenty years or more is convicted of another felony offense, he may not have his sentence suspended nor probation granted and must receive an active sentence of imprisonment in accordance with the statutory penalty of the appropriate felony offense."

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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.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.