H 3298  General Bill, By Rutherford
 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.

   12/09/20  House  Prefiled
   12/09/20  House  Referred to Committee on Judiciary
   01/12/21  House  Introduced and read first time (House Journal-page 149)
   01/12/21  House  Referred to Committee on Judiciary
                     (House Journal-page 149)

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.