South Carolina Legislature


 

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H 3042
Session 125 (2023-2024)


H 3042  General Bill, By Rutherford
 A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS 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 CONVICTIONNext AND SENTENCING.

12/8/2022 House Prefiled 12/8/2022 House Referred to Committee on Judiciary 1/10/2023 House Introduced and read first time 1/10/2023 House Referred to Committee on Judiciary


VERSIONS OF THIS BILL

12/08/2022



H 3042 General Bill, By Rutherford

A bill

to amend the South Carolina Code of Laws 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 PreviousCONVICTIONNext 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 S.C. 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 Previousconviction and sentencing.

SECTION 2.   This act takes effect upon approval by the Governor.

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