S*1411 Session 108 (1989-1990)
S*1411(Rat #0579, Act #0485 of 1990) General Bill, By M.B. Williams
A Bill to amend Title 1, Chapter 7, Code of Laws of South Carolina, 1976, by
adding Article 7 so as to create the South Carolina Commission on Prosecution
Coordination, provide for its composition and the terms of the members,
provide for the filling of vacancies, provide for its duties, and authorize
the Commission to appoint an executive director and provide for funding the
Commission.-amended title
03/20/90 Senate Introduced and read first time
03/20/90 Senate Referred to Committee on Judiciary
03/27/90 Senate Recalled from Committee on Judiciary SJ-38
03/29/90 Senate Read second time SJ-29
04/03/90 Senate Read third time and sent to House SJ-25
04/04/90 House Introduced and read first time HJ-22
04/04/90 House Referred to Committee on Judiciary HJ-22
05/03/90 House Committee report: Favorable with amendment
Judiciary HJ-2
05/10/90 House Debate adjourned until Tuesday, May 15, 1990 HJ-53
05/15/90 House Amended HJ-25
05/15/90 House Read second time HJ-25
05/16/90 House Read third time and returned to Senate with
amendments HJ-12
05/17/90 Senate Concurred in House amendment and enrolled SJ-57
05/24/90 Ratified R 579
05/29/90 Signed By Governor
05/29/90 Effective date 05/29/90
05/29/90 Act No. 485
06/13/90 Copies available
(A485, R579, S1411)
AN ACT TO AMEND TITLE 1, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING ARTICLE 7 SO AS TO CREATE THE SOUTH CAROLINA
COMMISSION ON PROSECUTION COORDINATION, PROVIDE FOR ITS COMPOSITION
AND THE TERMS OF THE MEMBERS, PROVIDE FOR THE FILLING OF VACANCIES,
PROVIDE FOR ITS DUTIES, AND AUTHORIZE THE COMMISSION TO APPOINT AN
EXECUTIVE DIRECTOR AND PROVIDE FOR FUNDING THE COMMISSION.
Whereas, the importation, sale, and use of dangerous narcotic
substances in South Carolina has reached epidemic levels; and
Whereas, this epidemic has resulted in an explosion in drug-related
crimes, many of which are violent in nature; and
Whereas, on January 1, 1990, there was a record backlog of forty-two
thousand five hundred seventy-seven criminal cases in General Sessions
and Family Courts; and
Whereas, there is a need to provide uniform and efficient
administration of justice through the prosecution of criminal cases in
South Carolina. Now, therefore,
Be it resolved by the General Assembly of the State of South Carolina:
Commission on Prosecution Coordination
SECTION 1. Title 1, Chapter 7 of the 1976 Code is amended by
adding:
"Article 7
Commission on Prosecution Coordination
Section 1-7-910. There is created a commission to coordinate all
activities involving the prosecution of criminal cases in this State.
The commission is known as the South Carolina Commission on
Prosecution Coordination.
Section 1-7-920. The commission is composed of the following
persons for terms as indicated:
(1) The Chairmen of the Senate and House Judiciary Committees
for the terms for which they are elected or their legislative
designees;
(2) The Chief of the South Carolina Law Enforcement Division for
the term for which he is appointed;
(3) The Executive Director of the South Carolina Criminal
Justice Academy shall serve during the term for which he is appointed;
(4) a director of a Judicial Circuit Pre-trial Intervention
Program appointed by the Governor for a term of two years;
(5) a Judicial Circuit Victim-Witness Assistance Advocate
appointed by the Governor for a term of two years;
(6) five judicial circuit solicitors appointed by the Governor
for a term of four years. However, upon initial appointment, the
Governor shall select one for a two-year term, two for a three-year
term, and two for a four-year term. If a solicitor appointed to the
commission is not re-elected, a vacancy occurs and it must be filled
pursuant to the provisions of Section 1-7-930.
Section 1-7-930. If a vacancy occurs, it must be filled for the
remainder of the term in the same manner as the initial appointment.
Section 1-7-940. (A) The commission has the following duties:
(1) coordinate all administrative functions of the offices
of the solicitors and any affiliate services operating in conjunction
with the solicitors' offices;
(2) submit the budgets of the solicitors and their affiliate
services to the General Assembly;
(3) encourage and develop legal education programs and
training programs for solicitors and their affiliate services,
organize and provide seminars to help increase the effectiveness and
efficiency of the prosecution of criminal cases in this State, and act
as a clearinghouse and distribution source for publications involving
solicitors and their affiliate services and provide legal updates on
matters of law affecting the prosecution of cases in this State;
(B) Nothing in this section may be construed to displace or
otherwise affect the functions and responsibilities of the State
Victim/Witness Assistance Program as established in Section 16-3-1410.
Section 1-7-950. The chairman of the commission must be elected
by a majority vote of the membership of the commission for a two-year
term. A majority of the entire membership constitutes a quorum.
Other officers as needed by the commission must be elected in the same
manner.
Section 1-7-960. The commission has the authority to appoint an
executive director who shall serve at the pleasure of the commission.
He is responsible for the day-to-day operation of the commission and
the coordination of the work with other state agencies. The
commission has the authority to hire additional staff as provided for
in the annual appropriations act in order to perform the duties of the
commission.
Section 1-7-970. Members of the commission shall serve without
pay but are allowed the usual mileage, per diem, and subsistence as
provided by law for members of state boards, committees, and
commissions. The executive director of the commission shall approve
all vouchers for necessary expenses which must be paid from an
appropriation as provided for by the General Assembly for the
operation of the commission.
Section 1-7-980. Funding for the commission must be derived from
the per capita funding for state services for solicitors based upon a
formula to be determined by the commission."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 29th day of May, 1990.
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