S*0863(Rat #0413, Act #0401 of 1998)  General Bill, By Holland, Short and 
Washington
 A BILL TO AMEND SECTION 16-25-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO CONDITIONS FOR EARLY PAROLE FOR CERTAIN OFFENDER VICTIMS OF
 SPOUSAL ABUSE, SO AS TO PROVIDE THAT AN INMATE WHO IS SENTENCED FOR AN OFFENSE
 AGAINST A HOUSEHOLD MEMBER AND PRESENTS EVIDENCE OF CRIMINAL DOMESTIC VIOLENCE
 SUFFERED AT THE HANDS OF THE HOUSEHOLD MEMBER WHEN HE WAS CONVICTED OF, OR
 PLED GUILTY OR NOLO CONTENDERE TO THE OFFENSE OR IN POST-CONVICTION
 PROCEEDINGS PERTAINING TO THE PLEA OR CONVICTION IS ELIGIBLE FOR PAROLE AFTER
 SERVING ONE-FOURTH OF HIS TERM, AND TO PROVIDE THAT THIS PROVISION DOES NOT
 EFFECT THE FILING PROCEDURES FOR POST-CONVICTION RELIEF APPLICATIONS.-AMENDED
 TITLE

   12/15/97  Senate Prefiled
   12/15/97  Senate Referred to Committee on Judiciary
   01/14/98  Senate Introduced and read first time SJ-16
   01/14/98  Senate Referred to Committee on Judiciary SJ-16
   02/11/98  Senate Committee report: Favorable with amendment
                     Judiciary SJ-8
   02/12/98  Senate Amended SJ-24
   02/12/98  Senate Read second time SJ-24
   02/17/98  Senate Read third time and sent to House SJ-18
   02/18/98  House  Introduced and read first time HJ-15
   02/18/98  House  Referred to Committee on Judiciary HJ-15
   05/27/98  House  Committee report: Favorable with amendment
                     Judiciary HJ-10
   06/02/98  House  Amended HJ-29
   06/02/98  House  Read second time HJ-29
   06/03/98  House  Read third time and returned to Senate with amendments
   06/03/98  Senate Concurred in House amendment and enrolled
   06/04/98         Ratified R 413
   06/11/98         Became law without Governor's signature
   06/25/98         Effective date 06/11/98
   06/25/98         Copies available
   06/30/98         Act No. 401

AN ACT TO AMEND SECTION 16-25-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS FOR EARLY PAROLE FOR CERTAIN OFFENDER VICTIMS OF SPOUSAL ABUSE, SO AS TO PROVIDE THAT AN INMATE WHO IS SENTENCED FOR AN OFFENSE AGAINST A HOUSEHOLD MEMBER AND PRESENTS EVIDENCE OF CRIMINAL DOMESTIC VIOLENCE SUFFERED AT THE HANDS OF THE HOUSEHOLD MEMBER WHEN HE WAS CONVICTED OF, OR PLED GUILTY OR NOLO CONTENDERE TO THE OFFENSE OR IN POST-CONVICTION PROCEEDINGS PERTAINING TO THE PLEA OR CONVICTION IS ELIGIBLE FOR PAROLE AFTER SERVING ONE-FOURTH OF HIS TERM, AND TO PROVIDE THAT THIS PROVISION DOES NOT EFFECT THE FILING PROCEDURES FOR POST-CONVICTION RELIEF APPLICATIONS.

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

Eligibility for parole

SECTION 1. Section 16-25-90 of the 1976 Code, as added by Act 7 of 1995, is amended to read:

Section 16-25-90. Notwithstanding any provision of Chapters 13 and 21 of Title 24, and notwithstanding any other provision of law, an inmate who was convicted of, or pled guilty or nolo contendere to, an offense against a household member shall be eligible for parole after serving one-fourth of his prison term when the inmate at the time he pled guilty to, nolo contendere to, or was convicted of an offense against the household member, or in post-conviction proceedings pertaining to the plea or conviction, presented credible evidence of a history of criminal domestic violence, as provided in Section 16-25-20, suffered at the hands of the household member. This section shall not affect the provisions of Section 17-27-45.

Time effective

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

Became law without the signature of the Governor -- 06/11/98.