South Carolina Legislature


 

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H 4401
Session 112 (1997-1998)


H 4401 Joint Resolution, By D. Smith, J.M. Baxley, Delleney, Harrison, 
J.D. McMaster, Wilkins and W.J. Young
 A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLENext 1 OF THE
 CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A BILL OF RIGHTS FOR CRIME
 VICTIMS, SO AS TO PROVIDE THAT REQUIREMENTS THAT VICTIMS OF CRIMES BE NOTIFIED
 AND INFORMED OF THEIR RIGHTS AND PRIVILEGES CONFERRED UPON THEM UNDER THIS
 SECTION TO NOT APPLY TO CRIMES THE GENERAL ASSEMBLY BY LAW EXCLUDES FROM THESE
 REQUIREMENTS, AND TO PERMIT THE GENERAL ASSEMBLY BY LAW TO FURTHER DEFINE THE
 TERM "VICTIM" FOR PURPOSES OF THIS SECTION TO STIPULATE THE SPECIFIC
 INDIVIDUALS TO WHOM THIS SECTION APPLIES.

   01/14/98  House  Introduced and read first time HJ-6
   01/14/98  House  Referred to Committee on Judiciary HJ-7
   01/28/98  House  Committee report: Favorable Judiciary HJ-5
   01/29/98  House  Read second time HJ-12
   01/29/98  House  Roll call Yeas-106  Nays-0 HJ-13
   02/03/98  House  Read third time and sent to Senate HJ-12
   02/04/98  Senate Introduced and read first time SJ-15
   02/04/98  Senate Referred to Committee on Judiciary SJ-15



Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

January 28, 1998

H. 4401

Introduced by Reps. D. Smith, Harrison, Young, Baxley, McMaster, Wilkins and Delleney

S. Printed 1/28/98--H.

Read the first time January 14, 1998.

THE COMMITTEE ON JUDICIARY

To whom was referred a Joint Resolution (H. 4401), proposing an amendment to Section 24, PreviousArticleNext I of the Constitution of South Carolina, 1895, relating to a bill of rights for crime victims, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass:

JAMES H. HARRISON, for Committee.

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 24, PreviousARTICLENext I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A BILL OF RIGHTS FOR CRIME VICTIMS, SO AS TO PROVIDE THAT REQUIREMENTS THAT VICTIMS OF CRIMES BE NOTIFIED AND INFORMED OF THEIR RIGHTS AND PRIVILEGES CONFERRED UPON THEM UNDER THIS SECTION DO NOT APPLY TO CRIMES THE GENERAL ASSEMBLY BY LAW EXCLUDES FROM THESE REQUIREMENTS, AND TO PERMIT THE GENERAL ASSEMBLY BY LAW TO FURTHER DEFINE THE TERM "VICTIM" FOR PURPOSES OF THIS SECTION TO STIPULATE THE SPECIFIC INDIVIDUALS TO WHOM THIS SECTION APPLIES.

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

SECTION 1. It is proposed that Section 24, PreviousArticleNext I of the Constitution of this State is amended by adding a new subsection (D) to read:

"(D) For purposes of this section, victims of any misdemeanor or felony under the laws of this State or at common law must be notified of or provided with the information required by this section unless the General Assembly by law excludes particular misdemeanors or felonies from these notification provisions. The terms 'crime', 'criminal conduct', 'charge', or any variations thereof in another context as used herein shall mean all misdemeanors and felonies under the laws of this State or at common law except those crimes the General Assembly specifically excludes from the notification provisions of this section. The General Assembly is also authorized by law to further define the term 'victim' for purposes of this section to stipulate the specific individuals to whom this section applies."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 24, PreviousArticle I of the Constitution of this State relating to a bill of rights for crime victims be amended so as to provide that requirements that victims of crimes be notified and informed of their rights and privileges conferred upon them under this section do not apply to crimes the General Assembly by law excludes from these requirements, and to permit the General Assembly by law to further define the term 'victim' for purposes of this section to stipulate the specific individuals to whom the section applies?

Yes []

No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

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