H 4742 General Bill, By M. McLeod, M.O. Alexander, Allison, R.A. Barber, 
G. Brown, H. Brown, A.W. Byrd, Cato, C.D. Chamblee, J.L.M. Cromer, Davenport, 
Delleney, L.L. Elliott, T.L. Farr, R.C. Fulmer, Gamble, H.M. Hallman, 
J.P. Harrelson, J.L. Harris, Harrison, Harvin, Haskins, D.N. Holt, H.G. Hutson, 
M.F. Jaskwhich, Kirsh, Koon, Lanford, Law, Littlejohn, J.G. Mattos, 
J.T. McElveen, McKay, Meacham, Moody-Lawrence, Neilson, Rhoad, Richardson, 
Riser, I.K. Rudnick, Simrill, R. Smith, D. Smith, J.J. Snow, Stille, C.H. Stone, 
Stuart, C.L. Sturkie, Vaughn, D.C. Waldrop, Witherspoon, S.S. Wofford, 
D.A. Wright and Young-Brickell
 A Bill to amend Section 20-7-30, as amended, Code of Laws of South Carolina,
 1976, relating to definitions under the Children's Code, so as to expand the
 definition of child; to amend Section 20-7-390, relating to the definition of
 child for family court jurisdiction, so as to expand the definition; to amend
 Section 20-7-400, as amended, relating to exclusive original jurisdiction of
 the family court, so as to redefine the age limitations for persons who
 violate local laws or municipal ordinances; to amend Section 20-7-410, as
 amended, relating to family court jurisdiction over juveniles for violation of
 traffic and fish and game laws, so as to decrease the age limit for
 jurisdiction; to amend Section 20-7-430, as amended, relating to jurisdiction
 of circuit courts over juveniles, so as to decrease the age to fourteen to
 treat a juvenile as an adult for violent crimes and weapon charges and to
 decrease the age to sixteen for other criminal offenses; to amend Section
 20-7-460, relating to power to issue writ of habeas corpus, so as to delete
 the age requirement and provide the power to produce a person over whom the
 judge has jurisdiction; to amend Section 20-7-2170, as amended, relating to
 commitment of a child to the Department of Juvenile Justice, so as to delete
 the maximum age requirement; and to amend Section 20-7-2195, as amended,
 relating to transfer of children to the youthful offender division, so as to
 reduce the age to sixteen of children who may be transferred.

   02/15/94  House  Introduced and read first time HJ-8
   02/15/94  House  Referred to Committee on Judiciary HJ-9
   04/21/94  House  Committee report: Favorable with amendment
                     Judiciary HJ-6
   05/05/94  House  Debate adjourned until Thursday, May 12, 1994 HJ-52
   05/16/94  House  Debate adjourned until Tuesday, May 31, 1994 HJ-11
   05/31/94  House  Tabled HJ-36

COMMITTEE REPORT

April 21, 1994

H. 4742

Introduced by REPS. McLeod, Sturkie, M.O. Alexander, Allison, Barber, G. Brown, H. Brown, Byrd, Cato, Chamblee, Cromer, Davenport, Delleney, Elliott, Farr, Fulmer, Gamble, Hallman, Harrelson, J. Harris, Harrison, Harvin, Haskins, Holt, Hutson, Jaskwhich, Kirsh, Koon, Lanford, Law, Littlejohn, Mattos, McElveen, McKay, Meacham, Moody-Lawrence, Neilson, Rhoad, Richardson, Riser, Rudnick, Simrill, D. Smith, R. Smith, Snow, Stille, Stone, Stuart, Vaughn, Waldrop, Witherspoon, Wofford, Wright and A. Young

S. Printed 4/21/94--H.

Read the first time February 15, 1994.

To whom was referred a Bill (H. 4742), to amend Section 20-7-30, as amended, Code of Laws of South Carolina, 1976, relating to definitions under the Children's Code, etc., respectfully

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

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/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 years of age, where the child is dealt with as a juvenile delinquent. `Child' does not mean a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more. However, a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more may be remanded to the family court for disposition of the charge at the discretion of the solicitor. Where the child is dealt with as a dependent or neglected child the term `child' shall mean means a person under eighteen years of age."

SECTION 2. Section 20-7-430 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:

"Section 20-7-430. Jurisdiction over a case involving a juvenile may child must be transferred in the following instances or retained as follows:

(1) If, during the pendency of a criminal or quasi-criminal charge against any minor a child in a circuit court of this State, it shall be is ascertained that the minor child was under the age of seventeen years at the time of committing the alleged offense, it shall be is the duty of such the circuit court forthwith immediately to transfer the case, together with all the papers, documents, and testimony connected therewith with the case, 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. The court making such the transfer shall order the minor child to be taken forthwith immediately to the place of detention designed designated by the court or to that court itself, or shall release such minor the child to the custody of some suitable person to be brought before the court at a time designated. The court shall then shall proceed as provided in this article. Notwithstanding any other provision of law, the provisions of this This section shall be is applicable to all existing 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 and to such offenses as shall be created in the future unless the General Assembly shall specifically directs otherwise.

(2) Whenever If a person child is brought before a magistrate or city recorder and, in the opinion of the magistrate or city recorder, the person child 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 the case to the family court and direct that the persons child involved be taken thereto to the family court.

(3) When If an action is brought in any county court or a circuit court which, in the opinion of the judge thereof, falls within the jurisdiction of the family court, he the judge may transfer the action thereto upon his the judge's own motion or the motion of any party. (4) If a child sixteen years of age or older is charged with an offense which if committed by an adult would be a misdemeanor, or a Class E or F felony as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of ten years or less if committed by an adult and if the court, after full investigation, deems considers it contrary to the best interest of such the child or of the public to retain jurisdiction, the court may, in its discretion, acting as committing magistrate, may bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the 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 an offense which if committed by an adult would be a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more, the court, may after full investigation and hearing, if it deems may determine it contrary to the best interest of such the child or of the public to retain jurisdiction,. The court, acting as committing magistrate, may bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offenses if committed by an adult.

(6) Within thirty days after the filing of a petition in the family court alleging the child has committed the offense of murder or criminal sexual conduct, 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 the judge 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 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 is not be applicable.

(8) When jurisdiction is relinquished by the family court in favor of another court, the court shall have has full authority and power to grant bail, hold a preliminary hearing, and any other powers as now provided by law for magistrates in such these cases.

(9) If a child fifteen fourteen years of age or older is charged with a violation of Section 16-23-430(1), Section 16-23-20, assault and battery of a high and aggravated nature, 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, may bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offenses offense if committed by an adult."

SECTION 3. 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 is under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-430, who is sixteen years of age and has been charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more, or who is seventeen but less than twenty-five years of age at the time of conviction."

SECTION 4. This act takes effect upon approval by the Governor./

Amend title to conform.

JAMES H. HODGES, for Committee.

A BILL

TO AMEND SECTION 20-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE CHILDREN'S CODE, SO AS TO EXPAND THE DEFINITION OF CHILD; TO AMEND SECTION 20-7-390, RELATING TO THE DEFINITION OF CHILD FOR FAMILY COURT JURISDICTION, SO AS TO EXPAND THE DEFINITION; TO AMEND SECTION 20-7-400, AS AMENDED, RELATING TO EXCLUSIVE ORIGINAL JURISDICTION OF THE FAMILY COURT, SO AS TO REDEFINE THE AGE LIMITATIONS FOR PERSONS WHO VIOLATE LOCAL LAWS OR MUNICIPAL ORDINANCES; TO AMEND SECTION 20-7-410, AS AMENDED, RELATING TO FAMILY COURT JURISDICTION OVER JUVENILES FOR VIOLATION OF TRAFFIC AND FISH AND GAME LAWS, SO AS TO DECREASE THE AGE LIMIT FOR JURISDICTION; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO JURISDICTION OF CIRCUIT COURTS OVER JUVENILES, SO AS TO DECREASE THE AGE TO FOURTEEN TO TREAT A JUVENILE AS AN ADULT FOR VIOLENT CRIMES AND WEAPON CHARGES AND TO DECREASE THE AGE TO SIXTEEN FOR OTHER CRIMINAL OFFENSES; TO AMEND SECTION 20-7-460, RELATING TO POWER TO ISSUE WRIT OF HABEAS CORPUS, SO AS TO DELETE THE AGE REQUIREMENT AND PROVIDE THE POWER TO PRODUCE A PERSON OVER WHOM THE JUDGE HAS JURISDICTION; TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF A CHILD TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO DELETE THE MAXIMUM AGE REQUIREMENT; AND TO AMEND SECTION 20-7-2195, AS AMENDED, RELATING TO TRANSFER OF CHILDREN TO THE YOUTHFUL OFFENDER DIVISION, SO AS TO REDUCE THE AGE TO SIXTEEN OF CHILDREN WHO MAY BE TRANSFERRED. Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Item 1 of Section 20-7-30 of the 1976 Code is amended to read:

"(1) `Child', `juvenile', or `minor', or any combination of these terms means a person under the age of eighteen whose age makes him subject to the exclusive original jurisdiction of the family court."

SECTION 2. 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', `juvenile', or minor means a person: less than seventeen 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.

(1) under eighteen years of age when the person is charged with a status offense or dealt with as a dependent, abused, or neglected child;

(2) under fourteen years of age when the person is charged with a felony, violent crime as defined by Section 16-1-60, possession of a firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), possession of a weapon (a knife with a blade over two inches long, a blackjack, or an object which may be used to inflict bodily injury or death), or any offense which is accomplished or attempted with the use, presentation, carrying, display, possession, or threat of a firearm or weapon as identified above;

(3) under sixteen years of age when the person is charged with a violation of another state or local law or municipal ordinance not identified in item (1) or (2).

SECTION 3. Section 20-7-400 of the 1976 Code, as last amended by Act 571 of 1990, is further amended to read:

"Section 20-7-400. (A) Except as otherwise provided herein in this section, the family court shall have has exclusive original jurisdiction and shall be is the sole court for initiating action:

(1) concerning any a child living or found within the geographical limits of its jurisdiction:

(a) who is neglected as to proper or necessary support or education as required by law, or as to medical, psychiatric, psychological, or other care necessary to his well-being, or who is abandoned by his parent or other custodian;

(b) whose occupation, behavior, condition, environment, or associations are such as to injure or endanger his welfare or that of others;

(c) who is beyond the control of his parent or other custodian;

(d) who is alleged to have violated or attempted to violate any state or local law or municipal ordinance, regardless of where the violation occurred except as provided in Section 20-7-410;

(e) whose custody is the subject of controversy, except in those cases where the law now gives other courts concurrent jurisdiction. In the consideration of these cases, the court shall have concurrent jurisdiction to hear and determine the issue of custody and support.

(2) for the treatment or commitment to any a mental institution of a mentally defective or mentally disordered or emotionally disturbed child. Provided, that Nothing herein in this section is intended to conflict with the authority of probate courts in dealing with mental cases.;

(3) concerning any child seventeen years of age or over, a person living or found within the geographical limits of the court's jurisdiction, alleged to have violated or attempted to violate any state or local law or municipal ordinance prior to having become seventeen years of age and such whose age, at the time of the violation, would have made the person subject to the exclusive jurisdiction of the family court. The person shall must be dealt with under the provisions of this chapter relating to children.;

(4) for the detention of a juvenile in a juvenile detention facility who is charged with committing a criminal offense when detention in a secure facility is found to be necessary pursuant to the standards set forth in Section 20-7-600 and when the facility exists in, or is otherwise available to, the county in which the crime occurred.

(B) Whenever When the court has acquired the jurisdiction of any a child under seventeen years of age, jurisdiction continues so long as, in the judgment of the court, it may be necessary in the judgment of the court, 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 A 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 4. Section 20-7-410 of the 1976 Code, as last amended by Section 281, Act 181 of 1993, is further 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 Public Safety as required by other courts of this State pursuant to Section 56-1-330 and adjudications of the provisions of Title 50 to the Department of Natural Resources."

SECTION 5. Section 20-7-430 of the 1976 Code, as last amended by Act 579 of 1990, is further 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 a person in a circuit court of this State, it shall be is ascertained that the minor was under the age of seventeen years person was subject to the exclusive original jurisdiction of the family court at the time of committing the alleged offense, it shall be is the duty of such the court forthwith immediately to transfer the case, together with all the papers, documents, and testimony connected therewith with it, 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. The court making such the transfer shall order the minor person to be taken forthwith immediately to the place of detention designed by the court or to that court itself, or shall release such minor the person to the custody of some suitable person to be brought before the court at a time designated. The court shall then shall proceed as provided in this article. Notwithstanding any other provision of law, The provisions of this section shall be are applicable to all existing 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 and applicable to such offenses as shall be created in the future unless the General Assembly shall specifically directs otherwise direct.

(2) Whenever a person under the age of sixteen 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 the case to the family court and direct that the persons involved be taken thereto there.

(3) When an action is brought in any county court or circuit court which, in the opinion of the judge thereof, 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 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 under the age of 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 a felony, violent crime as defined in Section 16-1-60, possession of a firearm as defined in Section 20-7-390, or an offense which is accomplished or attempted with the use, presentation, carrying, displaying, possession, or threat of a firearm or weapon and is currently charged with a third or subsequent such offense, the court, may after full investigation and hearing, if it deems considers it contrary to the best interest of such the child or of the public to retain jurisdiction, acting may act as committing magistrate, and bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offenses if committed by an adult.

(6)(5) Within thirty days after the filing of a petition in the family court alleging the child has committed the offense of murder or criminal sexual conduct, 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 an adult 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)(6)Once the family court relinquishes its jurisdiction over the 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)(7) When jurisdiction is relinquished by the family court in favor of another court, the 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)(8) If a child fifteen years of age or older under the age of fourteen is charged with a violation of Section 16-23-20 (unlawful carrying of pistol), Section 16-23-410 (pointing firearm), Section 16-23-420 (carrying or displaying firearms in public buildings), Section 16-23-430(1) (carrying weapons on school property), Section 16-23-440 (discharging firearms at or into dwellings), Section 16-23-460 (carrying concealed weapons), Section 44-53-445, (distribution of controlled substances within proximity of schools), 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 6. Section 20-7-460 of the 1976 Code is amended to read:

"Section 20-7-460. Any A judge shall have has the power to issue a writ of habeas corpus to produce any person under the age of seventeen in court where necessary a person over whom the judge has exclusive or concurrent jurisdiction."

SECTION 7. The first paragraph of Section 20-7-2170 of the 1976 Code, as last amended by Section 294, Act 181 of 1993, is further amended to read:

"A child after his twelfth birthday and before his seventeenth birthday, or while under the jurisdiction of the family court for disposition of an offense that occurred prior to his seventeenth birthday or while subject to the exclusive original jurisdiction of the family court, may be committed to the custody of the Department of Juvenile Justice, which shall arrange for placement in a suitable corrective environment. Children under the age of twelve years may be committed only to the custody of the department, which shall arrange for placement in a suitable corrective environment other than institutional confinement. No child under the age of seventeen years shall be committed or sentenced to any other penal or correctional institution of this State."

SECTION 8. Section 20-7-2195 of the 1976 Code, as last amended by Section 299, Act 181 of 1993, is further amended to read:

"Section 20-7-2195. The Department of Juvenile Justice, when authorized by an order of any circuit judge, shall, after notice to the Department of Corrections, shall transfer temporarily to the custody of the Youthful Offender Division any a child who has been committed to the custody of the department who is more than seventeen sixteen years of age and whose presence in such custody appears to be seriously detrimental to the welfare of others in such the department's custody. The director of the Department of Corrections shall receive such the children as may be transferred thereto as herein provided and properly care for them. Each child thus transferred to the Youthful Offender Division shall must be held therein there, subject to all the rules and discipline of the division. Children transferred to the Youthful Offender Division pursuant to this section shall be are under the authority of the division and subject to release according to the division's policies and procedures.

The Youthful Offender Division shall at least quarterly shall make recommendations to the parole board concerning possible release of each child so transferred or his return to institutions of the department."

SECTION 9. This act takes effect upon approval by the Governor.