|
S*224 Session 115 (2003-2004)
S*0224(Rat #0066, Act #0025 of 2003) General Bill, By Hutto
AN ACT TO AMEND SECTION 24-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO
PROVIDE THAT THE TERM "YOUTHFUL OFFENDER" INCLUDES A PERSON UNDER SEVENTEEN
YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY;
AND BY ADDING SECTION 40-5-390 SO AS TO PROVIDE THAT IN ANY CRIMINAL CASE AN
ATTORNEY MAY CHARGE A NONREFUNDABLE FLAT FEE. - ratified title
01/21/03 Senate Introduced and read first time SJ-230
01/21/03 Senate Referred to Committee on Judiciary SJ-230
02/19/03 Senate Committee report: Favorable Judiciary SJ-17
02/20/03 Senate Read second  time SJ-18
02/25/03 Senate Read third time and sent to House SJ-22
02/26/03 House Introduced and read first time HJ-10
02/26/03 House Referred to Committee on Judiciary HJ-11
04/16/03 House Committee report: Favorable with amendment
Judiciary HJ-2
04/17/03 Scrivener's error corrected
04/23/03 House Amended HJ-52
04/23/03 House Read second time HJ-53
04/24/03 House Read third time and returned to Senate with
amendments HJ-27
04/29/03 Senate Concurred in House amendment and enrolled SJ-44
05/08/03 Ratified R 66
05/14/03 Signed By Governor
05/23/03 Copies available
05/23/03 Effective date 05/14/03
06/11/03 Act No. 25
S. 224
(A25, R66, S224)
AN ACT TO AMEND SECTION 24-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT THE TERM "YOUTHFUL OFFENDER" INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY; AND BY ADDING SECTION 40-5-390 SO AS TO PROVIDE THAT IN ANY CRIMINAL CASE AN ATTORNEY MAY CHARGE A NONREFUNDABLE FLAT FEE.
Be it enacted by the General Assembly of the State of South Carolina:
Youthful offender
SECTION 1. Section 24-19-10 of the 1976 Code, as last amended by Act 441 of 1996, is further amended to read:
"Section 24-19-10. As used herein:
(a) 'Department' means the Department of Corrections.
(b) 'Division' means the Youthful Offender Division.
(c) 'Director' means the Director of the Department of Corrections.
(d) 'Youthful offender' means an offender who is:
(i) under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-7605 for allegedly committing an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of fifteen years or less, or
(ii) seventeen but less than twenty-five years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, or a felony which provides for a maximum term of imprisonment of fifteen years or less.
(e) 'Treatment' means corrective and preventive guidance and training designed to protect the public by correcting the antisocial tendencies of youthful offenders; this may also include vocational and other training considered appropriate and necessary by the division.
(f) 'Conviction' means a judgment in a verdict or finding of guilty, plea of guilty, or plea of nolo contendere to a criminal charge where the imprisonment is at least one year, but excluding all offenses in which the maximum punishment provided by law is death or life imprisonment."
Nonrefundable fee
SECTION 2. Article 5, Chapter 5, Title 40 of the 1976 Code is amended by adding:
"Section 40-5-390. In any criminal case, an attorney may charge a nonrefundable flat fee."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 8th day of May, 2003.
Approved the 14th day of May, 2003.
__________
| 
Staff Portal
