H*4847(Rat #0397, Act #0341 of 1996)  General Bill, By Wilkins and Harrison

Similar(S 1307)
 A Bill to amend Section 24-21-410, Code of Laws of South Carolina, 1976,
 relating to certain courts' authority to grant a probationary sentence, or
 impose a fine and a probationary sentence for certain offenses, so as to
 provide that probation is a form of clemency; and to amend Section 24-21-430,
 as amended, relating to the conditions of probation a court may impose, so as
 to provide that the Director of the Department of Probation, Parole, and
 Pardon Services shall develop policies and procedures for imposing conditions
 of supervision on probationers.

   03/28/96  House  Introduced and read first time HJ-8
   03/28/96  House  Referred to Committee on Judiciary HJ-8
   04/17/96  House  Committee report: Favorable Judiciary HJ-4
   04/18/96  House  Read second time HJ-12
   04/18/96  House  Unanimous consent for third reading on next
                     legislative day HJ-13
   04/19/96  House  Read third time and sent to Senate HJ-4
   04/23/96  Senate Introduced and read first time SJ-31
   04/23/96  Senate Referred to Committee on Judiciary SJ-31
   04/24/96  Senate Committee report: Favorable Judiciary SJ-33
   04/29/96  Senate Read second time SJ-31
   04/30/96  Senate Read third time and enrolled SJ-9
   05/14/96         Ratified R 397
   05/20/96         Signed By Governor
   05/20/96         Effective date 05/20/96
   06/04/96         Copies available
   06/04/96         Act No. 341

AN ACT TO AMEND SECTION 24-21-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN COURTS' AUTHORITY TO GRANT A PROBATIONARY SENTENCE OR IMPOSE A FINE AND A PROBATIONARY SENTENCE FOR CERTAIN OFFENSES, SO AS TO PROVIDE THAT PROBATION IS A FORM OF CLEMENCY; AND TO AMEND SECTION 24-21-430, AS AMENDED, RELATING TO THE CONDITIONS OF PROBATION A COURT MAY IMPOSE, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL DEVELOP POLICIES AND PROCEDURES FOR IMPOSING CONDITIONS OF SUPERVISION ON PROBATIONERS.

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

Probation

SECTION 1. Section 24-21-410 of the 1976 Code is amended to read:

"Section 24-21-410. After conviction or plea for any offense, except a crime punishable by death or life imprisonment, the judge of a court of record with criminal jurisdiction at the time of sentence may suspend the imposition or the execution of a sentence and place the defendant on probation or may impose a fine and also place the defendant on probation. Probation is a form of clemency."

Supervision of probationers

SECTION 2. The first paragraph of Section 24-21-430 of the 1976 Code is amended to read:

"The court may impose by order duly entered and may at any time modify the conditions of probation and may include among them any of the following or any other condition not prohibited in this section. To effectively supervise probationers, the director shall develop policies and procedures for imposing conditions of supervision on probationers. These conditions may enhance but must not diminish court imposed conditions."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 20th day of May, 1996.