H 4841 General Bill, By McLeod, Jennings, Allen, Haskins, Rivers, Sinclair, 
G.M. Smith, J.E. Smith and Viers
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE
 "JUDICIAL ENHANCEMENT ACT OF 2006", BY ADDING SECTION 14-17-380 SO AS TO
 DIRECT EACH COUNTY CLERK OF COURT TO REPORT CERTAIN INFORMATION TO COURT
 ADMINISTRATION REGARDING INDICTMENTS; BY ADDING ARTICLE 3 TO CHAPTER 27, TITLE
 15 SO AS TO PROVIDE A PROCEDURE FOR THE ASSIGNMENT OF A SINGLE CIRCUIT COURT
 JUDGE TO COMPLEX CIVIL ACTIONS; BY ADDING SECTION 20-7-405 SO AS TO EMPOWER A
 FAMILY COURT JUDGE TO APPOINT A HEARING OFFICER TO HEAR MATTERS INSTITUTED IN
 THE FAMILY COURT; BY ADDING SECTION 20-7-425 SO AS TO FACTORS FOR THE FAMILY
 COURT TO CONSIDER WHEN DETERMINING ATTORNEY'S FEES; TO AMEND SECTION
 8-21-1010, AS AMENDED, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE
 COLLECTED BY MAGISTRATES, SO AS TO INCREASE THE FEE IN ALL CIVIL ACTIONS, FOR
 ISSUING A SUMMONS AND COPY FOR THE DEFENDANT, AND FOR FILING JUDGMENT WITH OR
 WITHOUT A HEARING FROM FORTY-FIVE DOLLARS TO ONE HUNDRED TWENTY DOLLARS; TO
 AMEND SECTION 14-5-610, AS AMENDED, RELATING TO THE DIVISION OF THE STATE INTO
 JUDICIAL CIRCUITS, SO AS TO INCREASE THE NUMBER OF AT-LARGE CIRCUIT COURT
 JUDGES FROM THIRTEEN TO SIXTEEN; TO AMEND SECTION 17-27-70, RELATING TO
 POST-CONVICTION RELIEF PROCEDURES, SO AS TO REVISE THE PROCEDURE FOR JUDICIAL
 REVIEW OF POST-CONVICTION RELIEF FILINGS TO INCLUDE THE ISSUANCE OF A
 CERTIFICATE OF PROBABLE CAUSE; TO AMEND SECTION 20-7-1410, AS AMENDED,
 RELATING TO FAMILY COURT JUDICIAL CIRCUITS, SO AS TO INCREASE BY ONE THE
 NUMBER OF JUDGES IN THE FIFTH, SEVENTH, AND SIXTEENTH CIRCUITS; TO AMEND
 SECTION 22-3-10, AS AMENDED, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES
 COURTS, SO AS TO INCREASE THE CIVIL JURISDICTION FROM SEVEN THOUSAND FIVE
 HUNDRED DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 22-3-545, AS
 AMENDED, RELATING TO TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO
 MAGISTRATES COURT, SO AS TO DELETE THE EXISTING PROVISIONS AND PROVIDE THAT A
 CASE MAY BE TRANSFERRED TO MAGISTRATES COURT IF THE PENALTY FOR THE CRIME DOES
 NOT EXCEED ONE YEAR OR IS A CRIME CLASSIFIED AS A MISDEMEANOR; AND TO AMEND
 SECTION 24-13-150, RELATING TO SERVICE OF A SENTENCE BY A PERSON WHO COMMITS A
 "NO PAROLE OFFENSE", SO AS TO ALLOW THE DIRECTOR OF THE DEPARTMENT OF
 CORRECTIONS TO FURTHER REDUCE AN OFFENDER'S SENTENCE BELOW THE MANDATED
 EIGHTY-FIVE PERCENT REQUIREMENT DOWN TO SEVENTY-FIVE PERCENT UNDER CERTAIN
 CIRCUMSTANCES.

   03/15/06  House  Introduced and read first time HJ-107
   03/15/06  House  Referred to Committee on Judiciary HJ-109

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "JUDICIAL ENHANCEMENT ACT OF 2006", BY ADDING SECTION 14-17-380 SO AS TO DIRECT EACH COUNTY CLERK OF COURT TO REPORT CERTAIN INFORMATION TO COURT ADMINISTRATION REGARDING INDICTMENTS; BY ADDING ARTICLE 3 TO CHAPTER 27, TITLE 15 SO AS TO PROVIDE A PROCEDURE FOR THE ASSIGNMENT OF A SINGLE CIRCUIT COURT JUDGE TO COMPLEX CIVIL ACTIONS; BY ADDING SECTION 20-7-405 SO AS TO EMPOWER A FAMILY COURT JUDGE TO APPOINT A HEARING OFFICER TO HEAR MATTERS INSTITUTED IN THE FAMILY COURT; BY ADDING SECTION 20-7-425 SO AS TO FACTORS FOR THE FAMILY COURT TO CONSIDER WHEN DETERMINING ATTORNEY'S FEES; TO AMEND SECTION 8-21-1010, AS AMENDED, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED BY MAGISTRATES, SO AS TO INCREASE THE FEE IN ALL CIVIL ACTIONS, FOR ISSUING A SUMMONS AND COPY FOR THE DEFENDANT, AND FOR FILING JUDGMENT WITH OR WITHOUT A HEARING FROM FORTY-FIVE DOLLARS TO ONE HUNDRED TWENTY DOLLARS; TO AMEND SECTION 14-5-610, AS AMENDED, RELATING TO THE DIVISION OF THE STATE INTO JUDICIAL CIRCUITS, SO AS TO INCREASE THE NUMBER OF AT-LARGE CIRCUIT COURT JUDGES FROM THIRTEEN TO SIXTEEN; TO AMEND SECTION 17-27-70, RELATING TO POST-CONVICTION RELIEF PROCEDURES, SO AS TO REVISE THE PROCEDURE FOR JUDICIAL REVIEW OF POST-CONVICTION RELIEF FILINGS TO INCLUDE THE ISSUANCE OF A CERTIFICATE OF PROBABLE CAUSE; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO FAMILY COURT JUDICIAL CIRCUITS, SO AS TO INCREASE BY ONE THE NUMBER OF JUDGES IN THE FIFTH, SEVENTH, AND SIXTEENTH CIRCUITS; TO AMEND SECTION 22-3-10, AS AMENDED, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES COURTS, SO AS TO INCREASE THE CIVIL JURISDICTION FROM SEVEN THOUSAND FIVE HUNDRED DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 22-3-545, AS AMENDED, RELATING TO TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATES COURT, SO AS TO DELETE THE EXISTING PROVISIONS AND PROVIDE THAT A CASE MAY BE TRANSFERRED TO MAGISTRATES COURT IF THE PENALTY FOR THE CRIME DOES NOT EXCEED ONE YEAR OR IS A CRIME CLASSIFIED AS A MISDEMEANOR; AND TO AMEND SECTION 24-13-150, RELATING TO SERVICE OF A SENTENCE BY A PERSON WHO COMMITS A "NO PAROLE OFFENSE", SO AS TO ALLOW THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO FURTHER REDUCE AN OFFENDER'S SENTENCE BELOW THE MANDATED EIGHTY-FIVE PERCENT REQUIREMENT DOWN TO SEVENTY-FIVE PERCENT UNDER CERTAIN CIRCUMSTANCES.

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

SECTION    1.    This act may be cited as the "Judicial Enhancement Act of 2006".

SECTION    2.    Article 3, Chapter 17, Title 14 of the 1976 Code is amended by adding:

"Section 14-17-380.    Each county clerk of court, as directed by the South Carolina Court Administration, shall report to Court Administration all indictments for which a true bill is returned by the Grand Jury, which must include the date on which the indictment was issued by the Grand Jury, the identity of the defendant, the offense charged, and the identifying number of the warrant associated with the indictment."

SECTION    3.    Chapter 27, Title 15 of the 1976 Code is amended by adding:

Section 15-27-300.    (A)    Upon motion of counsel made after the filing of the original complaint in a civil action, the Chief Administrative Judge of a judicial circuit may assign the action to a judge within the circuit who has jurisdiction to handle that case from beginning to end if the Chief Administrative Judge finds that the case is complex or that the ends of justice or judicial economy would be served by the designation of the case to a single circuit judge.

(B)    The motion may be granted on the information contained in the motion or the Chief Administrative Judge may require a hearing to determine whether the case justifies the designation of a single circuit judge.

(C)    If the motion is granted, the case may not be called for trial before the date designated in the order. The Chief Administrative Judge shall assign the case to a single judge permanently residing in the circuit, and all pretrial motions and other matters pertaining to the case are under the exclusive jurisdiction of the judge assigned to the case. When appropriate, the case must be given a date certain for trial with the trial of the case handled by the assigned judge.

(D)    If the Chief Administrative Judge believes that the case does not require the assignment of a single judge to handle the case from beginning to end, he may partially grant the motion by providing a date in the order before which the case cannot be called to trial. This allows counsel adequate time to prepare the case for trial without the necessity of having to attend roster meetings and justify a continuance. Continuances beyond the date established in the scheduling order may not be requested or granted by the Chief Administrative Judge without a showing of exceptional circumstances. When the continuance expires, the case must be handled in the same manner as all other civil cases.

(E)    If the Chief Administrative Judge does not believe that the case requires the assignment of a single judge to handle the case from beginning to end pursuant to the provisions of this section, or does not believe that the case requires additional time for preparation, he may deny the motion and the case must be placed on the trial roster and handled in the same manner as all other civil cases.

(F)    If the motion is granted and a single judge is assigned to handle the case from beginning to end, copies of the motion and order granting the motion must be provided by the Clerk of Court to counsel of record, the judge assigned to the case, and the South Carolina Court Administration.

(G)    The South Carolina Supreme Court may implement the provisions of this section by rule or otherwise and may prepare a specified form of motion to be used pursuant to the requirements of this section."

SECTION    4.    Article 5, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-405.    (A)    A family court judge may appoint a hearing officer pursuant to the provisions of this section to hear any type of matter instituted in the Family Court, including but not limited to the following:

(1)    petitions to establish support obligations;

(2)    petitions to enforce court orders establishing support obligations;

(3)    petitions to recover unpaid child support arrearages and post-judgment interest;

(4)    actions to enforce existing support obligations;

(5)    actions brought to modify existing support obligations;

(6)    actions to establish parentage;

(7)    actions under the Revised Uniform Reciprocal Enforcement of Support Act;

(8)    hearings in matters involving the Department of Social Services including, but not limited to, abuse and neglect cases and review of treatment plans proposed by the department; and

(9)    actions seeking orders of protection.

(B)    The qualifications, training, and compensation for a hearing officer must be established at the direction of the South Carolina Supreme Court.

(C)    The hearing officer shall conduct a hearing as necessary in each matter assigned to him. The hearing officer has the power to:

(1)    preserve and enforce order during hearings;

(2)    administer oaths;

(3)    issue subpoenas to compel the attendance and testimony of witnesses, the production of books, papers, documents, and other evidence or the taking of depositions before a designated individual competent to administer oaths;

(4)    examine witnesses; and

(5)    do all things conformable to law which may be necessary to enable him to discharge the duties of his appointment effectively.

(D)    The hearing officer shall prepare a report on the matters submitted to him consisting of written findings and recommendations. The hearing officer is not ordinarily required to file with his report a transcript of the proceedings but shall make sufficient findings of fact in his report to justify the recommendations made to the court. The hearing officer shall file the report with the Clerk of the Court along with the original exhibits. The Clerk of Court shall provide a copy of the report to all parties.

(E)    Unless objection is timely made, the court may accept the hearing officer's findings and recommendations and make its order in accordance with them. Either party may file written objections to the findings and recommendations of the hearing officer within fifteen days after being served. The objections must be specifically directed toward the portions of the findings and recommendations that the party is challenging; a general objection to the findings and recommendations is not sufficient and will be deemed a waiver of specific objections. The objecting party shall provide notice for a hearing on the objections pursuant to the Rules of Civil Procedure and the Rules of Family Court. The court shall accept the findings of fact of the hearing officer unless they are clearly erroneous. The court may adopt the report, modify it in whole or in part, receive further evidence, or recommit it with instructions. A hearing on the objections is not required, but may be held in the discretion of the court."

SECTION    5.    Article 5, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-425.    (A)    In determining whether to award attorney's fees pursuant to Section 20-7-420(38), the court must consider and make findings of fact in writing with regard to each of the following factors:

(1)    ability of each party to pay his own attorney's fees;

(2)    beneficial results obtained by the party's attorney;

(3)    parties' respective financial conditions;

(4)    effect of the fee on each party's standard of living;

(5)    existence, nature, and content of an offer of settlement or an offer of judgment made by the party from whom the recovery of attorney's fees is sought; and

(6)    final report of mediation that bears on the willingness of the parties or their attorneys to engage in and cooperate with the mediation process.

(B)    In determining a reasonable amount of attorney's fees to award pursuant to Section 20-7-420(38), after the court determines that an amount of attorney's fees should be awarded pursuant to subsection (A), the court must consider and make findings of fact in writing with regard to each of the following factors:

(1)    nature, extent, and difficulty of the case;

(2)    time necessarily devoted to the case;

(3)    professional standing of counsel;

(4)    contingency of compensation;

(5)    beneficial results obtained;

(6)    customary legal fees for similar services;

(7)    existence, nature, and content of an offer of settlement or offer of judgment made by the party from whom the recovery of attorney's fees is sought; and

(8)    final report of mediation that bears on the willingness of the parties or their attorneys to engage in and cooperate with the mediation process.

(C)    For purposes of subsections (A)(5) and (6) and (B)(7) and (8), an offer of settlement or offer of judgment and the final report of mediation must be filed with the court under seal within ten days of a final hearing to establish a record of the offer or report and to provide the court with the information necessary to make findings of fact on these issues upon resolution of the final hearing.

(D)    The provisions of this section do not apply to applications, motions, or petitions for temporary relief pending a final decision."

SECTION    6.    Section 8-21-1010(6), as last amended by Act 226 of 2000, is further amended to read:

"(6)    in all civil actions, for issuing a summons and a copy for defendant, and for giving judgment with or without a hearing, forty-five one hundred twenty dollars;"

SECTION    7.    A.     Section 14-5-610, as last amended by Act 155 of 1997, is further amended to read:

"Section 14-5-610.    (A)    The State is divided into sixteen judicial circuits as follows:

(1)    The first circuit is composed of the counties of Calhoun, Dorchester, and Orangeburg.

(2)    The second circuit is composed of the counties of Aiken, Bamberg, and Barnwell.

(3)    The third circuit is composed of the counties of Clarendon, Lee, Sumter, and Williamsburg.

(4)    The fourth circuit is composed of the counties of Chesterfield, Darlington, Marlboro, and Dillon.

(5)    The fifth circuit is composed of the counties of Kershaw and Richland.

(6)    The sixth circuit is composed of the counties of Chester, Lancaster, and Fairfield.

(7)    The seventh circuit is composed of the counties of Cherokee and Spartanburg.

(8)    The eighth circuit is composed of the counties of Abbeville, Greenwood, Laurens, and Newberry.

(9)    The ninth circuit is composed of the counties of Charleston and Berkeley.

(10)    The tenth circuit is composed of the counties of Anderson and Oconee.

(11)    The eleventh circuit is composed of the counties of Lexington, McCormick, Saluda, and Edgefield.

(12)    The twelfth circuit is composed of the counties of Florence and Marion.

(13)    The thirteenth circuit is composed of the counties of Greenville and Pickens.

(14)    The fourteenth circuit is composed of the counties of Allendale, Hampton, Colleton, Jasper, and Beaufort.

(15)    The fifteenth circuit is composed of the counties of Georgetown and Horry.

(16)    The sixteenth circuit is composed of the counties of York and Union.

(B)    One judge must be elected from the second, sixth, and twelfth circuits. Two judges must be elected from the first, third, fourth, seventh, eighth, tenth, eleventh, fourteenth, fifteenth, and sixteenth circuits. Three judges must be elected from the fifth and ninth circuits. Four judges must be elected from the thirteenth circuit.

(C)    In addition to the above judges authorized by this section, there must be thirteen sixteen additional circuit judges elected by the General Assembly from the State at-large for terms of office of six years. These additional judges must be elected without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 13 16 respectively."

B.     The three additional judges authorized by the provisions of this SECTION take office on July 1, 2007, and the Judicial Merit Selection Commission shall begin the process of nominating and screening candidates for these judicial offices, and the General Assembly then shall elect these judges from the nominees of the commission so that these judges may take office on July 1, 2007.

SECTION    8.    Section 17-27-70 of the 1976 Code is amended to read:

"Section 17-27-70.    (a)(A)    Within thirty days after the docketing of the application, or within any further another time the court may fix, the State shall respond by answer or by motion which may be supported by affidavits. At any time prior to Before entry of judgment the court may, when appropriate, may issue orders for amendment of the application or any a pleading or motion, for pleading over, for filing further pleadings or motions, or for extending the time of the filing of any a pleading. In considering the application, the court shall take account of substance, regardless of defects of form. If the application is not accompanied by the record of the proceedings challenged therein, the respondent shall file with its answer the record or portions thereof of it that are material to the questions raised in the application.

(b)(B)    When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to post-conviction relief and no purpose would be served by any further proceedings, it may indicate to the parties its intention to dismiss the application and its reasons for so doing. The applicant shall be given an opportunity to reply to the proposed dismissal. In light of the reply, or on default thereof, the court may order the application dismissed or grant leave to file an amended application or direct that the proceedings otherwise continue. Disposition on the pleadings and record is not proper if there exists a material issue of fact When all filings required by the provisions of subsection (A) have been received, the Clerk of Court shall forward the documents to the trial judge who presided over the case that resulted in the applicant's conviction. The judge must review the materials and determine whether there are disputed issues of material fact or law that, if correct, would require granting the application.

(1)    If the judge determines that the application contains disputed issues of material fact or law that require granting the application, he shall issue a Certificate of Probable Cause directed to the Clerk of Court of the circuit in which the application was filed. Upon receipt of the Certificate of Probable Cause, the Clerk of Court shall appropriately schedule the case for a hearing before a circuit judge other than the sentencing judge. If the applicant is indigent, counsel must be appointed to represent the applicant at the hearing by a circuit judge other than the sentencing judge.

(2)    If the judge determines that the application contains no disputed issues of material fact or law that require granting the application and no purpose is served by further proceedings, he shall deny the Certificate of Probable Cause and enter an order dismissing the application.

(3)    The issuance of a Certificate of Probable Cause is not binding on the judge who presides over the subsequent hearing on the application and the court may deny or dismiss the application subsequent to the issuance of a Certificate of Probable Cause.

(4)    The decision to deny a Certificate of Probable Cause is immediately appealable by the applicant.

(c)(C)    The court may grant a motion by either party for summary disposition of the application when it appears from the pleadings, depositions and admissions and agreements of fact, together with any affidavits submitted, that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law."

SECTION    9.    A.     Section 20-7-1410 of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:

"Section 20-7-1410.    (A)    The General Assembly shall elect a number of family court judges from each judicial circuit as follows:

First Circuit                            Three Judges

Second Circuit                    Two Judges

Third Circuit                        Three Judges

Fourth Circuit                        Three Judges

Fifth Circuit                        Four Five Judges

Sixth Circuit                        Two Judges

Seventh Circuit                    Three Four Judges

Eighth Circuit                        Three Judges

Ninth Circuit                        Six Judges

Tenth Circuit                        Three Judges

Eleventh Circuit                    Three Judges

Twelfth Circuit                    Three Judges

Thirteenth Circuit                Six Judges

Fourteenth Circuit                Three Judges

Fifteenth Circuit                    Three Judges

Sixteenth Circuit                    Two Three Judges

(B)    In the following judicial circuits at least one family court judge must be a resident of each county in the circuit: fifth, seventh, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those judicial circuits made up of three or more counties at least one family court judge must be a resident of one of the counties which does not have the largest population in the circuit. In the ninth circuit, both counties in the circuit must have at least two resident family court judges.

(C)    No county in the sixth circuit shall may have more than one resident family court judge."

B.     The three additional judges authorized by the provisions of this SECTION take office on July 1, 2007, and the Judicial Merit Selection Commission shall begin the process of nominating and screening candidates for these judicial offices, and the General Assembly then shall elect these judges from the nominees of the commission so that these judges may take office on July 1, 2007.

SECTION 10.     Section 22-3-10 of the 1976 Code, as last amended by Act 180 of 2004, is further amended to read:

"Section 22-3-10.    Magistrates have concurrent civil jurisdiction in the following cases:

(1)    in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed seven thousand five hundred fifteen thousand dollars;

(2)    in actions for damages for injury to rights pertaining to the person or personal or real property, if the damages claimed do not exceed seven thousand five hundred fifteen thousand dollars;

(3)    in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed seven thousand five hundred fifteen thousand dollars;

(4)    in actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed seven thousand five hundred fifteen thousand dollars;

(5)    in actions upon a bond conditioned for the payment of money, not exceeding seven thousand five hundred fifteen thousand dollars, though the penalty exceeds that sum, the judgment to be given for the sum actually due, and when the payments are to be made by installments an action may be brought for each installment as it becomes due;

(6)    in any action upon a surety bond taken by them, when the penalty or amount claimed does not exceed seven thousand five hundred fifteen thousand dollars;

(7)    in any action upon a judgment rendered in a court of a magistrate or an inferior court when it is not prohibited by the South Carolina Rules of Civil Procedure;

(8)    to take and enter judgment on the confession of a defendant in the manner prescribed by law when the amount confessed does not exceed seven thousand five hundred fifteen thousand dollars;

(9)    in any action for damages or for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed seven thousand five hundred fifteen thousand dollars;

(10)    in all matters between landlord and tenant and the possession of land as provided in Chapters 33 through 41 of Title 27;

(11)    in any action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, his agent, or attorney, does not exceed the sum of seven thousand five hundred fifteen thousand dollars;

(12)    in all actions provided for in this section when a filed counterclaim involves a sum not to exceed seven thousand five hundred fifteen thousand dollars, except that this limitation does not apply to counterclaims filed in matters between landlord and tenant and the possession of land;

(13)    in interpleader actions arising from real estate contracts for the recovery of earnest money, only if the sum claimed does not exceed seven thousand five hundred fifteen thousand dollars; and

(14)    in actions for damages arising from a person's failure to return leased or rented personal property within seventy-two hours after the expiration of the lease or rental agreement, such damages to be based on the loss of revenue or replacement value of the property, whichever is less, if the damages claimed do not exceed seven thousand five hundred fifteen thousand dollars; however, the lease or rental agreement must set forth the manner in which the amount of the loss of revenue or replacement value of the item leased or rented is calculated."

SECTION 11.     Section 22-3-545(A) of the 1976 Code, as last amended by Act 214 of 2004, is further amended to read:

"(A)     Notwithstanding the provisions of Sections 22-3-540 and 22-3-550, a criminal case, the penalty for which the crime in the case does not exceed five thousand five hundred dollars or one-year imprisonment, or both, may be transferred from general sessions court if the provisions of this section are followed the following types of cases may be transferred from general sessions court pursuant to the provisions of this section:

(1)    criminal cases in which the penalty for the crime in the case does not exceed one-year imprisonment; or

(2)    crimes classified as misdemeanors in Section 16-1-100."

SECTION 12.     Section 24-13-150 of the 1976 Code, as added by Act 83 of 1995, is amended to read:

"Section 24-13-150.    (A)    Notwithstanding any other another provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed and except as specifically provided in subsection (C), a prisoner convicted of a 'no parole offense' as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is not eligible for early release, discharge, or community supervision as provided in Section 24-21-560, until the prisoner has served at least eighty-five percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release, early release, discharge, or community supervision by another provision of law to be eligible for work release, early release, discharge, or community supervision.

(B)    If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection.

(C)    The director of the Department of Corrections is authorized, in his discretion, to establish policies and procedures to further reduce the sentence of a prisoner whose minimum period of incarceration is governed by the provisions of subsection (A) if the prisoner:

(1)    regularly and continuously engages in good behavior and also fully participates in substantial training or education programs;

(2)    performs a particularly meritorious act which results in the reduction or avoidance of serious injury or death of any employee, civilian, or member of the public while risking his own life or health; or

(3)    provides a significant and fundamental benefit to the State of South Carolina or to the prison system.

(D)    The person's sentence may not be reduced pursuant to this subsection below seventy-five percent of the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended."

SECTION    13.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    14.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    15.    The provisions of this act take effect upon approval by the Governor except that the provisions of SECTION 4 take effect beginning on July 1 of the first year in which the Annual Appropriations Act provides the funding to compensate the Family Court hearing officers.