S 2 Session 110 (1993-1994)
S 0002 General Bill, By L.E. Richter, Giese, Leventis, Passailaigue and
M.T. Rose
A Bill to amend Section 20-7-390, Code of Laws of South Carolina, 1976,
relating to the definition of a "child" so as to provide that a child means a
person less than sixteen years of age and to amend Sections 20-7-400(A)(3),
20-7-400(B) and Section 20-7-410 to conform to this definition; to amend
Section 20-7-430, Code of Laws of South Carolina, 1976, relating to the
jurisdiction of certain courts over juveniles so as to grant the circuit court
exclusive and original jurisdiction over a child fourteen to fifteen years of
age charged with certain violent crimes for proper criminal proceedings; and
to amend Section 24-19-10(d), Code of Laws of South Carolina, 1976, relating
to definitions in the correction and treatment of youthful offenders, so as to
revise the definition of youthful offender to include those who are under
sixteen years of age and who have been bound over to General Sessions Court.
01/12/93 Senate Introduced and read first time SJ-26
01/12/93 Senate Referred to Committee on Judiciary SJ-27
A BILL
TO AMEND SECTION 20-7-390, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE DEFINITION OF A
"CHILD" SO AS TO PROVIDE THAT A CHILD
MEANS A PERSON LESS THAN SIXTEEN YEARS OF AGE AND
TO AMEND SECTIONS 20-7-400(A)(3), 20-7-400(B) AND
SECTION 20-7-410 TO CONFORM TO THIS DEFINITION; TO
AMEND SECTION 20-7-430, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE JURISDICTION OF
CERTAIN COURTS OVER JUVENILES SO AS TO GRANT THE
CIRCUIT COURT EXCLUSIVE AND ORIGINAL JURISDICTION
OVER A CHILD FOURTEEN TO FIFTEEN YEARS OF AGE
CHARGED WITH CERTAIN VIOLENT CRIMES FOR PROPER
CRIMINAL PROCEEDINGS; AND TO AMEND SECTION 24-19-10(d), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO DEFINITIONS IN THE CORRECTION AND TREATMENT OF
YOUTHFUL OFFENDERS, SO AS TO REVISE THE DEFINITION
OF YOUTHFUL OFFENDER TO INCLUDE THOSE WHO ARE
UNDER SIXTEEN YEARS OF AGE AND WHO HAVE BEEN
BOUND OVER TO GENERAL SESSIONS COURT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-390 of the 1976 Code is amended to
read:
"Section 20-7-390. When used in this article, unless the
context otherwise requires, `child' means a person less than
seventeen sixteen years of age, where the child is dealt
with as a juvenile delinquent. Where the child is dealt with as a
dependent or neglected child the term `child' shall mean a person
under eighteen years of age.
SECTION 2. Sections 20-7-400(A)(3) and 20-7-400(B) of the
1976 Code are amended to read:
"(3) Concerning any child seventeen sixteen
years of age or over, living or found within the geographical limits of
the court's jurisdiction, alleged to have violated or attempted to violate
any State state or local law or municipal ordinance
prior to having become seventeen sixteen years of age
and such person shall be dealt with under the provisions of this
chapter relating to children.
(B) Whenever the court has acquired the jurisdiction of any child
under seventeen sixteen years of age, jurisdiction
continues so long as, in the judgment of the court, it may be necessary
to retain jurisdiction for the correction or education of the child, but
jurisdiction shall terminate when the child attains the age of twenty-one years. Any child who has been adjudicated delinquent and placed
on probation by the court remains under the authority of the court
only until the expiration of the specified term of his probation. This
specified term of probation may expire before but not after the
eighteenth birthday of the child."
SECTION 3. Section 20-7-410 of the 1976 Code is amended to
read:
"Section 20-7-410. The magistrate courts and municipal courts
of this State have concurrent jurisdiction with the family courts for the
trial of persons under seventeen sixteen years of age
charged with traffic violations or violations of the provisions of Title
50 relating to fish, game, and watercraft when these courts would have
jurisdiction of the offense charged if committed by an adult. The
family court shall report all adjudications of juveniles for moving
traffic violations to the Department of Highways and Public
Transportation as required by other courts of this State pursuant to
Section 56-1-330 and adjudications of the provisions of Title 50 to the
Wildlife and Marine Resources Department."
SECTION 4. Section 20-7-430 of the 1976 Code is amended to
read:
"Section 20-7-430. Jurisdiction over a case involving a
juvenile may be transferred in the following instances:
(1) If, during the pendency of a criminal or quasi-criminal charge
against any minor in a circuit court of this State, it shall be ascertained
that the minor was under the age of seventeen sixteen
years at the time of committing the alleged offense, it shall be the duty
of such court forthwith to transfer the case, together with all the
papers, documents, and testimony connected therewith, to the family
court of competent jurisdiction, except in those cases where the
Constitution gives to the circuit court exclusive jurisdiction or in
those cases where jurisdiction has properly been transferred to the
circuit court by the family court under the provisions of this
section such other instances as are provided herein. The
court making such transfer shall order the minor to be taken forthwith
to the place of detention designed by the court or to that court itself,
or shall release such minor to the custody of some suitable person to
be brought before the court at a time designated. The court shall then
proceed as provided in this article. Notwithstanding any other
provision of law, the provisions of this section shall be applicable to
all offenses embraced therein, irrespective of whether such offenses
may be directed solely at children coming within the scope of this
article and shall likewise be applicable to such offenses as shall be
created in the future unless the General Assembly shall specifically
otherwise direct.
(2) Whenever a person is brought before a magistrate or city
recorder and, in the opinion of the magistrate or city recorder, the
person should be brought to the family court of competent jurisdiction
under the provisions of this section, the magistrate or city recorder
shall thereupon transfer such case to the family court and direct that
the persons involved be taken thereto.
(3) When an action is brought in any county court or circuit
court which, in the opinion of the judge thereof, falls within
court other than the family court, and in the opinion of the judge
of such court in which the action is brought, such action falls
within the jurisdiction of the family court, he may transfer the
action thereto upon his own motion or the motion of any party.
(4) If a child less than sixteen years of age or
older is charged with an offense which would be a misdemeanor
or felony if committed by an adult and if the court, after full
investigation, deems it contrary to the best interest of such child or of
the public to retain jurisdiction, the court may, in its discretion, acting
as committing magistrate, bind over such child for proper criminal
proceedings to any court which would have trial jurisdiction of such
offense if committed by an adult.
(5) If a child fourteen or fifteen years of age who has two prior
and unrelated adjudications of assault, assault and battery with intent
to kill, assault and battery of a high and aggravated nature, arson,
housebreaking, burglary, kidnapping, attempted criminal sexual
conduct or robbery and is currently charged with a third or subsequent
such offense, the court may after full investigation and hearing, if it
deems it contrary to the best interest of such child or of the public to
retain jurisdiction, acting as committing magistrate, bind over such
child for proper criminal proceedings to any court which would have
trial jurisdiction of such offenses if committed by an adult.
(5) If a child fourteen or fifteen years of age is charged with
the offense of murder, manslaughter, assault and battery with intent to
kill, assault and battery of a high and aggravated nature, armed
robbery, kidnapping, or criminal sexual conduct in any degree, the
circuit court shall have exclusive jurisdiction. If the circuit court
deems it contrary to the best interest of the child or of the public to
retain jurisdiction, the court shall issue an order to that effect
relinquishing jurisdiction to the family court.
(6) Within thirty days after the filing of a petition in the family
court alleging the that a child under fourteen years
of age has committed the offense of murder or criminal sexual
conduct, murder, manslaughter, assault and battery with intent
to kill, assault and battery of a high and aggravated nature, armed
robbery, kidnapping, or criminal sexual conduct in any degree the
person executing the petition may request in writing that the case be
transferred to the court of general sessions with a view to proceeding
against the child as a criminal rather than as a child coming within the
purview of this article. The judge of the family court is authorized to
determine this request. If the request is denied, the petitioner may
appeal within five days to the circuit court. Upon the hearing of the
appeal, the judge of the circuit court is vested with the discretion of
exercising and asserting the jurisdiction of the court of general
sessions or of relinquishing jurisdiction to the family court. If the
circuit judge elects to exercise the jurisdiction of the general sessions
court for trial of the case, he shall issue an order to that effect, and
then the family court has no further jurisdiction in the matter.
(7) Once the family court relinquishes its jurisdiction over the
child or when the circuit court has jurisdiction over a child
and the child is bound over to be treated as an adult, the provisions of
Section 20-7-780 dealing with the confidentiality of identity and
fingerprints will not be applicable.
(8) When jurisdiction is relinquished by the family court in
favor of another court or when the circuit court has jurisdiction
over a child, the such court shall have full
authority and power to grant bail, hold a preliminary hearing and any
other powers as now provided by law for magistrates in such cases.
(9) If a child fourteen or fifteen years of age or
older is charged with a violation of Section 16-23-430(1) or
Section 44-53-445, the court may after full investigation and hearing,
if it considers it contrary to the best interest of the child or the public
to retain jurisdiction, acting as committing magistrate, bind over the
child for proper criminal proceedings to a court which would have
trial jurisdiction of the offenses if committed by an adult."
SECTION 5. Section 24-19-10(d) of the 1976 Code is amended to
read:
"(d) `Youthful offender' means all male and female
offenders an offender who are seventeen is
under sixteen years of age and has been bound over for proper
criminal proceedings to the court of general sessions pursuant to
Section 20-7-430 or who is under sixteen years of age at the
commission of the act but less than twenty-five years of age at
the time of conviction."
SECTION 6. This act takes effect upon approval by the Governor.
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