H 2062 Session 103 (1979-1980)
H 2062 General Bill, By Sheheen, W.R. Crow, J.G. Felder, P. Freeman,
I.S. Johnson, R.L. McFadden and J.H. Toal
A Bill to allow the initiating of criminal process by citation or summons in
certain cases and provide a penalty; to provide for preliminary arraignment
and preliminary hearing; to define arrest, outline arrest procedures and
define the rights of arrested persons and provide a penalty; to provide for
search and seizure in criminal cases and provide for violations; to provide
for bail and recognizance and provide a penalty; to provide for discovery and
procedure before trial in criminal cases; to provide for joinder and severance
of defendants in criminal cases; to require speedy trial for defendants and
provide for delay in certain cases; to provide for taking and withdrawing
pleas of guilty; to provide for jury trial, juror selection and compensation
and special procedures during jury trials; to require presentence reports in
certain cases and establish sentencing procedures and alternatives; to require
the development of sentencing criteria; to provide for the sentence of
probation and termination and revocation of probation; to establish appellate
review of sentences in certain cases; to provide for appeals in criminal
cases; to provide for post-conviction relief procedures; and to repeal
Sections 14-7-810 through 14-7-830, 14-7-850, 14-7-860, 14-7-890 and 14-7-900,
relating to disqualification, exemption and excuse from jury service, Sections
14-7-1010 through 14-7-1030 and 14-7-1110, relating to objections and
challenges to jurors and empanelling of juries, Section 14-7-1370, relating to
compensation of jurors in the circuit courts, Sections 17-13-10 through
17-13-70, Sections 17-13-90 through 17-13-110, relating to process and arrest,
Section 17-13-140, relating to search warrants, Section 17-13-160, relating to
the form of search and arrest warrants, Sections 17-15-10 through 17-15-150,
17-15-190 through 17-15-220, relating to bail and recognizances, Sections
17-23-40, 17-23-70, 17-23-90 through 17-23-150, relating to pleading and
trial, Sections 17-25-40 through 17-25-60, 17-25-100, 17-25-110, 17-25-130 and
17-25-340, relating to judgment and execution, Section 17-25-350, relating to
schedules for payment of fines by indigents, Chapter 27 of Title 17, relating
to post-conviction relief, Section 22-5-320, 22-5-330, 22-5-350 and 22-5-360,
relating to preliminary examinations; Sections 23-1-110 through 23-1-130,
relating to temporary transfer to another county or municipality of officers
specializing in drug law enforcement, Section 24-13-40, relating to
computation of time served by prisoners, Section 24-21-290, relating to the
privileged status of information received by probation officers, Article 5 of
Chapter 21 of Title 24, relating to probation, Chapter 7 of Title 56, relating
to the uniform traffic citation, all of the 1976 Code, and Act 791 of 1940
relating to the Charleston County Clerk of Court granting bail, Act 797 of
1940, relating to computing qualifications of Charleston County sureties, Act
669 of 1954, relating to jurors' excuses in York County, Act 222 of 1963,
relating to jury service by an unpaid constable in Greenwood County, Act 1065
of 1964, relating to jury service by an unpaid constable in Aiken County and
Act 645 of 1976, relating to restitution to victims by persons sentenced for
certain crimes, and to amend Section 24-21-280, relating to the powers and
duties of probation officers, so as to further provide therefor.
12/18/78 House Prefiled
12/18/78 House Referred to Committee on Judiciary
01/09/79 House Introduced and read first time HJ-74
01/09/79 House Referred to Committee on Judiciary HJ-75
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