S 0037 General Bill, By Bryant

Similar(H 3679)
 A BILL TO AMEND ARTICLE 6, CHAPTER 11, TITLE 16 OF THE 1976 CODE, RELATING TO
 THE PROTECTION OF PERSONS AND PROPERTY ACT; BY ADDING SECTION 16-11-460 TO
 PROVIDE THAT AN ORDER CONCERNING IMMUNITY FROM PROSECUTION UNDER THE ARTICLE
 IS IMMEDIATELY APPEALABLE; AND TO PROVIDE THAT A DEFENDANT WHO DOES NOT APPEAL
 THE ORDER IMMEDIATELY MAY APPEAL THE DENIAL AFTER CONVICTION AND SENTENCING.

   12/03/14  Senate Prefiled
   12/03/14  Senate Referred to Committee on Judiciary
   01/13/15  Senate Introduced and read first time (Senate Journal-page 52)
   01/13/15  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 52)

TO AMEND ARTICLE 6, CHAPTER 11, TITLE 16 OF THE 1976 CODE, RELATING TO THE PROTECTION OF PERSONS AND PROPERTY ACT; BY ADDING SECTION 16-11-460 TO PROVIDE THAT AN ORDER CONCERNING IMMUNITY FROM PROSECUTION UNDER THE ARTICLE IS IMMEDIATELY APPEALABLE; AND TO PROVIDE THAT A DEFENDANT WHO DOES NOT APPEAL THE ORDER IMMEDIATELY MAY APPEAL THE DENIAL AFTER CONVICTION 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 1976 Code is amended by adding:

"Section 16-11-460.    An order concerning a defendant's motion for immunity from prosecution under 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 conviction and sentencing."

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