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, ARTICLE 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, Article 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, ARTICLE 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, Article 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, Article 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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