S 0564 General Bill, By Reese
 A BILL TO AMEND SECTION 24-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO DEFINITIONS CONCERNING YOUTHFUL OFFENDERS, SO AS TO PROVIDE
 THAT "YOUTHFUL OFFENDER" INCLUDES AN OFFENDER CONVICTED OF CRIMINAL SEXUAL
 CONDUCT WITH A MINOR IN CERTAIN INSTANCES IF THE JUDGE MAKES SPECIFIC FINDINGS
 ON THE RECORD AT THE CRIMINAL PROCEEDING.

   04/10/01  Senate Introduced and read first time SJ-4
   04/10/01  Senate Referred to Committee on Judiciary SJ-4

TO AMEND SECTION 24-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT "YOUTHFUL OFFENDER" INCLUDES AN OFFENDER CONVICTED OF CRIMINAL SEXUAL CONDUCT WITH A MINOR IN CERTAIN INSTANCES IF THE JUDGE MAKES SPECIFIC FINDINGS ON THE RECORD AT THE CRIMINAL PROCEEDING.

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

SECTION 1. Section 24-19-10(d) of the 1976 Code, as last amended by Act 441 of 1996, is further amended to read:

"(d) 'Youthful offender' means an offender who is:

(i) under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-7605 for allegedly committing an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class E or F felony, as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of less than fifteen years, or

(ii) who is seventeen but less than twenty-five years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class E or F felony, or a felony which provides for a maximum term of imprisonment of fifteen years or less.

(iii) Notwithstanding the offenses listed in Section 16-1-60 as violent crimes, 'youthful offender' also means an offender of eighteen years or less who is convicted of criminal sexual conduct with a minor, second degree, as defined in Section 16-3-655(3) provided evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct."

SECTION 2. This act takes effect upon approval by the Governor and is both retroactive and prospective in application.