S 0949 General Bill, By M.B. Matthews, Malloy, Rice, Cash, Massey and Senn
 A BILL TO AMEND ARTICLE 5, CHAPTER 21, TITLE 24 OF THE 1976 CODE, RELATING TO
 PROBATION, BY ADDING SECTION 24-21-435, TO PROVIDE THAT PROBATION OFFICERS,
 COURT PERSONNEL, COUNTY AND MUNICIPAL PERSONNEL, PUBLIC OFFICIALS, AND PRIVATE
 VOLUNTEERS WHO PARTICIPATE IN COMMUNITY SERVICE PROGRAMS IN WHICH A
 PROBATIONER IS COMPLETING COMMUNITY SERVICE AS A CONDITION OF PROBATION
 PURSUANT TO SECTION 24-21-430 ARE NOT LIABLE FOR CIVIL DAMAGES UNLESS AN
 INJURY OR DAMAGES RESULT FROM THE GROSS NEGLIGENCE, RECKLESSNESS, OR
 INTENTIONAL MISCONDUCT OF SUCH PERSON.

   01/31/18  Senate Introduced and read first time (Senate Journal-page 6)
   01/31/18  Senate Referred to Committee on Corrections and Penology
                     (Senate Journal-page 6)
   03/01/18  Senate Committee report: Favorable with amendment
                     Corrections and Penology (Senate Journal-page 12)
   03/07/18  Senate Committee Amendment Adopted (Senate Journal-page 22)
   03/07/18  Senate Read second time (Senate Journal-page 22)
   03/07/18  Senate Roll call Ayes-42  Nays-0 (Senate Journal-page 22)
   03/08/18  Senate Read third time and sent to House
                     (Senate Journal-page 5)
   03/20/18  House  Introduced and read first time (House Journal-page 107)
   03/20/18  House  Referred to Committee on Judiciary
                     (House Journal-page 107)
   04/18/18  House  Recalled from Committee on Judiciary
                     (House Journal-page 43)
   04/24/18  House  Debate adjourned until Wed., 4-25-18
                     (House Journal-page 6)
   04/25/18  House  Debate adjourned until Thur., 4-26-18
                     (House Journal-page 39)
   04/26/18  House  Debate adjourned until Tues., 5-1-18
                     (House Journal-page 8)
   05/01/18  House  Debate adjourned until Wed., 5-2-18
                     (House Journal-page 23)
   05/02/18  House  Debate adjourned until Tues., 5-8-18
                     (House Journal-page 9)
   05/08/18  House  Debate adjourned until Wed., 5-9-18
                     (House Journal-page 38)
   05/09/18  House  Requests for debate-Rep(s). Stavrinakis,
                     Rutherford, Pitts, Williams, Fry, Jefferson,
                     Caskey, Wheeler, West, Loftis, Long, Blackwell,
                     Atkinson, Bryant, Brown (House Journal-page 29)

RECALLED

April 18, 2018

S. 949

Introduced by Senators M.B. Matthews, Malloy, Rice, Cash, Massey and Senn

S. Printed 4/18/18--H.

Read the first time March 20, 2018.

TO AMEND ARTICLE 5, CHAPTER 21, TITLE 24 OF THE 1976 CODE, RELATING TO PROBATION, BY ADDING SECTION 24-21-435, TO PROVIDE THAT PROBATION OFFICERS, COURT PERSONNEL, COUNTY AND MUNICIPAL PERSONNEL, PUBLIC OFFICIALS, AND PRIVATE VOLUNTEERS WHO PARTICIPATE IN COMMUNITY SERVICE PROGRAMS IN WHICH A PROBATIONER IS COMPLETING COMMUNITY SERVICE AS A CONDITION OF PROBATION PURSUANT TO SECTION 24-21-430 ARE NOT LIABLE FOR CIVIL DAMAGES UNLESS AN INJURY OR DAMAGES RESULT FROM THE GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL MISCONDUCT OF SUCH PERSON.

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

SECTION    1.    Article 5, Chapter 21, Title 24 of the 1976 Code is amended by adding:

"Section 24-21-435.    (A)    Probation officers, court personnel, county and municipal personnel, public officials, charitable organizations, and private volunteers that allow those who are on probation to participate in community service programs pursuant to Section 24-21-430 are not liable for civil damages, unless an injury or damages result from the gross negligence, recklessness, or intentional misconduct of such person or organization.

(B)    Nothing in this section shall be construed as granting immunity to a driver transporting a probationer to community service or a motorist who, by his negligence, injures a probationer on community service.

(C)    Nothing in this section shall be construed as granting a probationer who is voluntarily completing community service as a condition of probation pursuant to Section 24-21-430 any claim under workers' compensation."

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