H*4344(Rat #0515, Act #0428 of 1996)  General Bill, By Jennings, Allison, 
Delleney, Harrison, Haskins, R.J. Herdklotz, Inabinett, Kirsh, J.T. McElveen, 
Richardson, Simrill and Vaughn
 A Bill to amend Section 20-7-1330, as amended, Code of Laws of South Carolina,
 1976, relating to disposition of juvenile cases, so as to delete the cap on
 the amount of restitution that a court may order a juvenile to pay, to provide
 that this amount is in the court's discretion, and to provide factors to be
 considered in establishing this amount; and to amend Section 20-7-1335,
 relating to destruction of records, so as to change the term "juvenile" to
 "child".-amended title

   12/06/95  House  Prefiled
   12/06/95  House  Referred to Committee on Judiciary
   01/09/96  House  Introduced and read first time
   01/09/96  House  Referred to Committee on Judiciary
   02/14/96  House  Committee report: Favorable with amendment
                     Judiciary HJ-5
   02/21/96  House  Amended HJ-23
   02/21/96  House  Read second time HJ-24
   02/22/96  House  Read third time and sent to Senate HJ-23
   02/27/96  Senate Introduced and read first time SJ-11
   02/27/96  Senate Referred to Committee on Judiciary SJ-11
   05/15/96  Senate Committee report: Favorable with amendment
                     Judiciary SJ-15
   05/23/96  Senate Amended SJ-112
   05/23/96  Senate Read second time SJ-112
   05/24/96  Senate Read third time and returned to House with
                     amendments SJ-1
   05/30/96  House  Concurred in Senate amendment and enrolled HJ-66
   06/13/96         Ratified R 515
   06/18/96         Signed By Governor
   06/18/96         Effective date 06/18/96
   07/03/96         Copies available
   07/03/96         Act No. 428

AN ACT TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF JUVENILE CASES, SO AS TO DELETE THE CAP ON THE AMOUNT OF RESTITUTION THAT A COURT MAY ORDER A JUVENILE TO PAY, TO PROVIDE THAT THIS AMOUNT IS IN THE COURT'S DISCRETION, AND TO PROVIDE FACTORS TO BE CONSIDERED IN ESTABLISHING THIS AMOUNT; AND TO AMEND SECTION 20-7-1335, RELATING TO DESTRUCTION OF RECORDS, SO AS TO CHANGE THE TERM "JUVENILE" TO "CHILD".

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

Monetary restitution included in disposition of juvenile case; factors to be considered

SECTION 1. Section 20-7-1330(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(a) place the child on probation or under supervision in the child's own home or in the custody of a suitable person elsewhere, upon conditions as the court may determine. A child placed on probation by the court remains under the authority of the court only until the expiration of the specified term of probation. This specified term of probation may expire before but not after the eighteenth birthday of the child. Probation means casework services during a continuance of the case. Probation must not be ordered or administered as punishment, but as a measure for the protection, guidance, and well-being of the child and the child's family. Probation methods must be directed to the discovery and correction of the basic causes of maladjustment and to the development of the child's personality and character, with the aid of the social resources of the community. The court may impose monetary restitution, participation in supervised work or community service, or both, as a condition of probation. The Department of Juvenile Justice, in coordination with local community agencies, shall develop and encourage employment of a constructive nature designed to make reparation and to promote the rehabilitation of the child. When considering the appropriate amount of monetary restitution to be ordered, the court shall establish the monetary loss suffered by the victim and then weigh and consider this amount against the number of individuals involved in causing the monetary loss, the child's particular role in causing this loss, and the child's ability to pay the amount over a reasonable period of time. The Department of Juvenile Justice shall develop a system for the transferring of a court ordered restitution from the child to the victim or owner of property injured, destroyed, or stolen;"

"Juvenile" changed to "child"

SECTION 2. Section 20-7-1330(b) of the 1976 Code, as last amended by Act 615 of 1988, is further amended to read:

"(b) as a condition of probation impose upon the child a fine not exceeding two hundred dollars when the offense is one in which a magistrate, municipal, or circuit court judge has the authority to impose a fine. A fine may be imposed when commitment is suspended but not in addition to commitment;"

"Juvenile" changed to "child"

SECTION 3. The first paragraph of Section 20-7-1335 of the 1976 Code, as added by Act 108 of 1987, is amended to read:

"A child not previously adjudicated delinquent for committing an offense which would have been a crime if committed by an adult, who has been taken into custody, charged with, or adjudicated delinquent for having committed a status offense or a nonviolent criminal offense may petition the family court for an order destroying all official records relating to his being taken into custody, the charges filed against him, his adjudication, and disposition. The granting of the order is discretionary with the court. However, the court may not grant the order unless it finds that the person who is seeking to have his records destroyed is at least eighteen years of age, has fully and successfully completed any dispositional sentence imposed upon him, and has neither been charged nor is currently charged with committing any additional criminal offenses."

Time effective

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

Approved the 18th day of June, 1996.