South Carolina General Assembly
109th Session, 1991-1992

Bill 856


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    856
Primary Sponsor:                Land
Committee Number:               03
Type of Legislation:            GB
Subject:                        Community corrections programs,
                                costs
Residing Body:                  Senate
Current Committee:              Corrections and Penology
Date Tabled:                    Apr 25, 1991
Computer Document Number:       JIC/5487.HC
Introduced Date:                Apr 09, 1991
Last History Body:              Senate
Last History Date:              Apr 25, 1991
Last History Type:              Tabled in Committee
Scope of Legislation:           Statewide
All Sponsors:                   Land
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 856   Senate  Apr 25, 1991  Tabled in Committee             03
 856   Senate  Apr 09, 1991  Introduced, read first time,    03
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 24-23-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES ASSESSED ON PERSONS CONVICTED OF CRIMINAL OFFENSES FOR THE PURPOSE OF DEFRAYING THE COSTS OF COMMUNITY CORRECTIONS PROGRAMS, SO AS TO INCREASE THE FEES.

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

SECTION 1. Section 24-23-210 of the 1976 Code is amended to read:

"Section 24-23-210. (A) When any a person is convicted, pleads guilty or nolo contendere, and is sentenced to payment of a fine, or when any a person forfeits bond, including the assessment hereinafter provided in this section, to any an offense within the jurisdiction of a municipal, recorder's, or magistrate's court other than a nonmoving traffic violation, there is imposed an assessment, in addition to any other costs or fines imposed by law, in the sum of four nine dollars. Any A person posting bond for an offense shall post the four nine-dollar assessment at the same time. If the person is not convicted of the offense with which he is charged, the assessment must be returned to him at the same time his bond is returned. If the person has not posted bond and is convicted or pleads guilty or nolo contendere, the four nine-dollar assessment must be paid to the recorder's, magistrate's, or municipal court at the time a sentence is imposed.

(B) When any a person is convicted, pleads guilty or nolo contendere, and is sentenced to payment of a fine or when any a person forfeits bond to any an offense within the jurisdiction of the court of general sessions, there is imposed an assessment, in addition to any other cost or fine imposed by law, in the sum of twenty-five thirty dollars.

If an offender is sentenced to probation or imprisonment and probation without the imposition of a fine, the assessment must be collected by the clerk of court as a condition of probation. If a defendant is sentenced to imprisonment and is later released to the supervision of the Department of Parole and Community Corrections and has not otherwise paid the assessment, the assessment must be collected as a condition of supervision, regardless of the type of original sentence imposed.

In any court, when sentencing a person convicted of an offense which has proximately caused physical injury or death to the victim, the court may order the defendant to pay a restitution charge commensurate with the offense committed, not to exceed ten thousand dollars, to the Victim's Compensation Fund.

Any circuit court judge may waive or suspend the imposition of all or part of the assessment made under subsection (B) upon finding that the assessment would place severe financial hardship upon the offender or his family."

SECTION 2. This act takes effect July 1, 1991.

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