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H*3193
Session 120 (2013-2014)


H*3193(Rat #0066, Act #0034 of 2013)  General Bill, By Rutherford and King
 AN ACT TO AMEND SECTION 24-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE COMPUTATION OF TIME SERVED BY A PRISONER, SO AS TO
 PROVIDE THAT ANY TIME SERVED UNDER HOUSENext ARREST BY A PRISONER MAY BE USED IN
 COMPUTING TIME SERVED BY A PRISONER. - ratified title

   12/18/12  PreviousHouseNext  Prefiled
   12/18/12  PreviousHouseNext  Referred to Committee on Judiciary
   01/08/13  PreviousHouseNext  Introduced and read first time (PreviousHouseNext Journal-page 129)
   01/08/13  PreviousHouseNext  Referred to Committee on Judiciary
                     (PreviousHouseNext Journal-page 129)
   02/27/13  PreviousHouseNext  Committee report: Favorable with amendment
                     Judiciary (PreviousHouseNext Journal-page 80)
   03/06/13  PreviousHouseNext  Member(s) request name added as sponsor: King
   03/06/13  PreviousHouseNext  Amended (PreviousHouseNext Journal-page 47)
   03/06/13  PreviousHouseNext  Read second time (PreviousHouseNext Journal-page 47)
   03/06/13  PreviousHouseNext  Roll call Yeas-94  Nays-17 (PreviousHouseNext Journal-page 48)
   03/07/13  PreviousHouseNext  Read third time and sent to Senate
                     (PreviousHouseNext Journal-page 22)
   03/07/13  Senate Introduced and read first time (Senate Journal-page 10)
   03/07/13  Senate Referred to Committee on Corrections and Penology
                     (Senate Journal-page 10)
   05/07/13  Senate Polled out of committee Corrections and Penology
                     (Senate Journal-page 9)
   05/07/13  Senate Committee report: Favorable with amendment
                     Corrections and Penology (Senate Journal-page 9)
   05/08/13  Senate Committee Amendment Adopted (Senate Journal-page 9)
   05/15/13  Senate Read second time (Senate Journal-page 11)
   05/15/13  Senate Roll call Ayes-39  Nays-2 (Senate Journal-page 11)
   05/16/13  Senate Read third time and returned to PreviousHouseNext with
                     amendments (Senate Journal-page 6)
   05/21/13  PreviousHouseNext  Concurred in Senate amendment and enrolled
                     (PreviousHouseNext Journal-page 51)
   05/21/13  PreviousHouseNext  Roll call Yeas-109  Nays-0 (PreviousHouseNext Journal-page 52)
   06/04/13         Ratified R 66
   06/07/13         Signed By Governor
   06/14/13         Effective date 06/07/13
   06/14/13         Act No. 34





H. 3193

(A34, R66, H3193)

AN ACT TO AMEND SECTION 24-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPUTATION OF TIME SERVED BY A PRISONER, SO AS TO PROVIDE THAT ANY TIME SERVED UNDER PreviousHOUSENext ARREST BY A PRISONER MAY BE USED IN COMPUTING TIME SERVED BY A PRISONER.

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

Computation of time served by a prisoner

SECTION    1.    Section 24-13-40 of the 1976 Code, as last amended by Act 237 of 2010, is further amended to read:

"Section 24-13-40.    The computation of the time served by prisoners under sentences imposed by the courts of this State must be calculated from the date of the imposition of the sentence. However, when (a) a prisoner shall have given notice of intention to appeal, (b) the commencement of the service of the sentence follows the revocation of probation, or (c) the court shall have designated a specific time for the commencement of the service of the sentence, the computation of the time served must be calculated from the date of the commencement of the service of the sentence. In every case in computing the time served by a prisoner, full credit against the sentence must be given for time served prior to trial and sentencing, and may be given for any time spent under monitored Previoushouse arrest. Provided, however, that credit for time served prior to trial and sentencing shall not be given: (1) when the prisoner at the time he was imprisoned prior to trial was an escapee from another penal institution; or (2) when the prisoner is serving a sentence for one offense and is awaiting trial and sentence for a second offense in which case he shall not receive credit for time served prior to trial in a reduction of his sentence for the second offense."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 4th day of June, 2013.

Approved the 7th day of June, 2013.

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