H*3517(Rat #0328, Act #0292 of 1996)  General Bill, By J.H. Hodges
 A Bill to amend Sections 14-1-206 and 14-1-209, Code of Laws of South
 Carolina, 1976, relating to assessments to be imposed in criminal cases in
 certain courts, so as to exclude the Family Court; to amend Section 16-19-10,
 relating to the imposition of certain criminal penalties, so as to further
 provide for the penalties to be imposed and for the distribution of the
 required fine; to amend Section 17-15-260, relating to the disposition of
 certain bail and recognizances, so as to provide for the manner in which funds
 to be deposited in the State General Fund must be transmitted to the State
 Treasurer; to amend Section 23-31-190, as amended, relating to the penalties
 for pistol or firearm violations, so as to further provide for the
 distribution of the required fine; and to repeal Section 24-23-220, relating
 to the payment and distribution of certain assessments and restitution
 charges.-amended title

   02/07/95  House  Introduced, read first time, placed on calendar
                     without reference HJ-10
   02/09/95  House  Debate adjourned until Tuesday, February 14, 1995 HJ-6
   02/14/95  House  Debate adjourned until Wednesday, February 15,
                     1995 HJ-23
   02/15/95  House  Debate adjourned until Thursday, February 16,
                     1995 HJ-31
   02/16/95  House  Amended HJ-17
   02/16/95  House  Debate adjourned until Tuesday, February 21, 1995 HJ-17
   02/21/95  House  Debate adjourned until Wednesday, February 22,
                     1995 HJ-14
   02/22/95  House  Amended HJ-11
   02/22/95  House  Read second time HJ-12
   02/23/95  House  Read third time and sent to Senate HJ-19
   02/28/95  Senate Introduced and read first time SJ-13
   02/28/95  Senate Referred to Committee on Judiciary SJ-13
   03/06/96  Senate Committee report: Favorable with amendment
                     Judiciary SJ-21
   04/02/96  Senate Amended SJ-25
   04/02/96  Senate Read second time SJ-25
   04/04/96  Senate Amended SJ-23
   04/04/96  Senate Read third time and returned to House with
                     amendments SJ-23
   04/11/96  House  Debate adjourned on Senate amendments until
                     Tuesday, April 16, 1996 HJ-51
   04/17/96  House  Concurred in Senate amendment and enrolled HJ-58
   04/30/96         Ratified R 328
   05/06/96         Signed By Governor
   05/06/96         Effective date 05/06/96
   05/16/96         Copies available
   05/16/96         Act No. 292

AN ACT TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE IMPOSITION OF CERTAIN CRIMINAL PENALTIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED FINE; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES.

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

Family court excluded

SECTION 1. Section 14-1-206(A) of the 1976 Code, as added by Section 36, Part II, Act 497 of 1994, is amended to read:

"(A) Beginning January 1, 1995, and continuously after that date, a person who is convicted, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in general sessions court must pay an amount equal to sixty-two percent of the fine imposed as an assessment. This assessment must be paid to the clerk of court in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended."

Family court excluded

SECTION 2. Section 14-1-209(A) of the 1976 Code, as added by Section 36, Part II, Act 497 of 1994, is amended to read:

"(A) If a payment for a fine and assessment levied in the circuit court is made in installments, the clerk of court must treat sixty-two percent of each installment as payment for a fine and distribute it pursuant to Section 14-1-205 and thirty-eight percent of each installment as payment for an assessment and distribute it pursuant to Section 14-1-206."

Penalties revised; distribution of fine

SECTION 3. Section 16-19-10 of the 1976 Code is amended to read:

"Section 16-19-10. Whoever shall publicly or privately erect, set up, or expose to be played or drawn at or shall cause or procure to be erected, set up, or exposed to be played, drawn, or thrown at any lottery under the denomination of sales of houses, lands, plate, jewels, goods, wares, merchandise, or other things whatsoever or for money or by any undertaking whatsoever, in the nature of a lottery, by way of chances, either by dice, lots, cards, balls, numbers, figures, or tickets or who shall make, write, print or publish, or cause to be made, written, or published any scheme or proposal for any of the purposes aforesaid is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars and imprisoned for one year. One-third of the fine imposed shall be paid to the person, if any, who informed law enforcement officials or other appropriate authorities about the violation which led to the conviction. Each violation constitutes a separate offense."

Transmittal of funds

SECTION 4. Section 17-15-260 of the 1976 Code, as added by Section 80A, Part II of Act 164 of 1993, is amended to read:

"Section 17-15-260. The funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the State, twenty-five percent to the solicitor's office in the county in which the forfeiture is ordered, and fifty percent to the county general fund of the county in which the forfeiture is ordered.

However, if the case in which forfeiture is ordered is originated by a municipality, the funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the State, twenty-five percent to the solicitor's office in the county in which the forfeiture is ordered, and twenty-five percent to the county general fund of the county in which the forfeiture is ordered and twenty-five percent to the municipality.

All funds to be deposited in the state general fund shall be transmitted to the State Treasurer."

Distribution of fine

SECTION 5. Section 23-31-190 of the 1976 Code, as amended by Act 184 of 1993, is further amended to read:

"Section 23-31-190. A person, including a dealer who violates the provisions of this article is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.

In addition to the penalty provided in this section the pistol involved in the violation must be confiscated. The pistol must be delivered to the chief of police of the municipality or to the sheriff of the county, if the violation occurred outside the corporate limits of a municipality. The law enforcement agencies that receive the confiscated pistols may use them within their department, transfer them to another law enforcement agency, or destroy them. Records must be kept of all confiscated pistols received by the law enforcement agencies under the provisions of this article."

Repeal

SECTION 6. Section 24-23-220 of the 1976 Code is repealed.

Time effective

SECTION 7. This act takes effect upon approval by the Governor.

Approved the 6th day of May, 1996.