H 3045 General Bill, By Harrison, McGee, Jennings, Altman and Whipper
 A BILL TO AMEND ARTICLE 1, CHAPTER 25, TITLE 17, CODE OF LAWS OF SOUTH
 CAROLINA, 1976, RELATING TO THE CONVICTION AND SENTENCING OF CRIMINAL CASES,
 BY ADDING SECTION 17-25-65 SO AS TO PROVIDE, UPON THE STATE'S MOTION, THAT A
 COURT MAY REDUCE THE SENTENCE IMPOSED TO REFLECT A DEFENDANT'S SUBSEQUENT
 SUBSTANTIAL ASSISTANCE IN THE INVESTIGATION OR PROSECUTION OF ANOTHER PERSON
 AND TO PROVIDE THE COURT MAY REDUCE THE SENTENCE BELOW THE MINIMUM SENTENCE
 SET BY STATUTE.

   12/06/00  House  Prefiled
   12/06/00  House  Referred to Committee on Judiciary
   01/09/01  House  Introduced and read first time HJ-29
   01/09/01  House  Referred to Committee on Judiciary HJ-29

TO AMEND ARTICLE 1, CHAPTER 25, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONVICTION AND SENTENCING OF CRIMINAL CASES, BY ADDING SECTION 17-25-65 SO AS TO PROVIDE, UPON THE STATE'S MOTION, THAT A COURT MAY REDUCE THE SENTENCE IMPOSED TO REFLECT A DEFENDANT'S SUBSEQUENT SUBSTANTIAL ASSISTANCE IN THE INVESTIGATION OR PROSECUTION OF ANOTHER PERSON AND TO PROVIDE THE COURT MAY REDUCE THE SENTENCE BELOW THE MINIMUM SENTENCE SET BY STATUTE.

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 17-25-65.    (A)    Upon motion made by the State:

        (1)    within one year of imposition of a sentence, the court may reduce a sentence to reflect a defendant's subsequent substantial assistance in investigating or prosecuting another person who has committed an offense; and

        (2)    one year or more after imposition of a sentence, the court may reduce a sentence to reflect a defendant's subsequent substantial assistance if that assistance involves information or evidence not known by the defendant until one year or more after the defendant's sentence was imposed.

    (B)    In evaluating whether substantial assistance has been rendered, the court may consider the defendant's pre-sentence assistance.

    (C)    Notwithstanding any other provision of law, this section authorizes the court to reduce a sentence to a level below that established by statute as a minimum sentence."

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