H 3212 Session 122 (2017-2018)
H 3212 General Bill, By Rutherford and G.M. Smith
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
16-11-460 SO AS TO PROVIDE THAT AN ORDER CONCERNING IMMUNITY FROM PROSECUTION
PURSUANT TO THE PROTECTION OF PERSONS AND PROPERTY ACT IS IMMEDIATELY
APPEALABLE AND TO PROVIDE THAT A DEFENDANT WHO DOES NOT APPEAL THE ORDER
IMMEDIATELY MAY APPEAL THE DENIAL AFTER CONVICTION AND SENTENCING.
12/15/16 House Prefiled
12/15/16 House Referred to Committee on Judiciary
01/10/17 House Introduced and read first time (House Journal-page 113)
01/10/17 House Referred to Committee on Judiciary
(House Journal-page 113)
H. 3212
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-460 SO AS TO PROVIDE THAT AN ORDER CONCERNING IMMUNITY FROM PROSECUTION PURSUANT TO THE PROTECTION OF PERSONS AND PROPERTY ACT IS IMMEDIATELY APPEALABLE AND TO PROVIDE THAT A DEFENDANT WHO DOES NOT APPEAL THE ORDER IMMEDIATELY MAY APPEAL THE DENIAL AFTER CONVICTION AND SENTENCING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 6, Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-460. An order concerning a defendant's motion for immunity from prosecution pursuant to the provisions of this article is immediately appealable. A defendant who does not immediately appeal an order denying a request for immunity has nevertheless preserved the issue for appeal after conviction and sentencing."
SECTION 2. This act takes effect upon approval by the Governor.
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