Current Status Introducing Body:Senate Bill Number:1152 Primary Sponsor:Richter Committee Number:11 Type of Legislation:GB Subject:Juvenile cases, automatic transfer of Residing Body:Senate Current Committee:Judiciary Computer Document Number:DKA/3237AL.94 Introduced Date:19940209 Last History Body:Senate Last History Date:19940209 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Richter Wilson Ryberg Giese Leventis Setzler McGill Courson Mescher McConnell Peeler Courtney Macaulay Rose Passailaigue Waldrep Martin O'Dell Gregory Rankin Hayes Reese Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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1152 Senate 19940209 Introduced, read first time, 11
referred to Committee
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TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JURISDICTION BY CERTAIN COURTS OVER JUVENILES, SO AS TO MANDATE AUTOMATIC TRANSFER OF CASE INVOLVING A SIXTEEN YEAR OLD JUVENILE WHO COMMITS CERTAIN CLASSES OF FELONIES AND TO ALLOW THE FAMILY COURT TO TRANSFER CASES INVOLVING JUVENILES FOURTEEN OR FIFTEEN YEARS OF AGE WHO COMMIT CERTAIN CLASSES OF FELONIES; AND TO AMEND SECTION 20-7-1330, AS AMENDED, RELATING TO COMMITTING A CHILD TO AN INSTITUTION, SO AS TO ALLOW THE FAMILY COURT TO SET DETERMINATE SENTENCES UP TO AGE TWENTY-ONE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-430 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:
"Section 20-7-430. (A) Jurisdiction over a case involving a juvenile may be transferred in the following instances:
(1) If, during the pendency of a criminal or quasi-criminal charge against any a minor in a circuit court of this State, it shall be is ascertained that the minor was under the age of seventeen years at the time of committing the alleged offense, it shall be is the duty of such the court forthwith immediately to transfer the case, together with all the papers, documents, and testimony connected therewith with it, to the family court of competent jurisdiction, except in those cases where the Constitution gives to the circuit court exclusive jurisdiction or in those cases where jurisdiction has properly been transferred to the circuit court by the family court under the provisions of this section. The court making such the transfer shall order the minor to be taken forthwith immediately to the place of detention designed by the court or to that court itself, or shall release such the minor to the custody of some suitable person to be brought before the court at a time designated. The court shall then shall proceed as provided in this article. Notwithstanding any other provision of law, The provisions of this section shall be are applicable to all existing offenses embraced therein, irrespective of whether such offenses may be directed solely at children coming within the scope of this article and shall likewise be and applicable to such offenses as shall be created in the future unless the General Assembly shall specifically directs otherwise direct.
(2) Whenever a person is brought before a magistrate or city recorder and, in the opinion of the magistrate or city recorder, the person should be brought to the family court of competent jurisdiction under the provisions of this section, the magistrate or city recorder shall thereupon transfer such the case to the family court and direct that the persons involved be taken thereto there.
(3) When an action is brought in any county court or circuit court which, in the opinion of the judge thereof, falls within the jurisdiction of the family court, he may transfer the action thereto upon his own motion or the motion of any party.
(4) If a child sixteen years of age or older is charged with an offense which would be a misdemeanor or felony if committed by an adult and if the court, after full investigation, deems considers it contrary to the best interest of such the child or of the public to retain jurisdiction, the court may, in its discretion, acting as committing magistrate, may bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offense if committed by an adult.
(5) If a child fourteen or fifteen years of age who has two prior and unrelated adjudications of assault, assault and battery with intent to kill, assault and battery of a high and aggravated nature, arson, housebreaking, burglary, kidnapping, attempted criminal sexual conduct or robbery and is currently charged with a third or subsequent such offense an offense that would be a Class A, B, C, or D felony as defined in Section 16-1-20 if committed by an adult, the court, may after full investigation and hearing, if it deems may determine it contrary to the best interest of such the child or of the public to retain jurisdiction,. The court, acting as committing magistrate, may bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offenses if committed by an adult.
(6) Within thirty days after the filing of a petition in the family court alleging the child has committed the offense of murder or criminal sexual conduct, the person executing the petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against the child as a criminal rather than as a child coming within the purview of this article. The judge of the family court is authorized to determine this request. If the request is denied, the petitioner may appeal within five days to the circuit court. Upon the hearing of the appeal, the judge of the circuit court is vested with the discretion of exercising and asserting the jurisdiction of the court of general sessions or of relinquishing jurisdiction to the family court. If the circuit judge elects to exercise the jurisdiction of the general sessions court for trial of the case, he shall issue an order to that effect, and then the family court has no further jurisdiction in the matter.
(7) Once the family court relinquishes its jurisdiction over the child and the child is bound over to be treated as an adult, the provisions of Section 20-7-780 dealing with the confidentiality of identity and fingerprints will not be applicable.
(8) When jurisdiction is relinquished by the family court in favor of another court, the court shall have full authority and power to grant bail, hold a preliminary hearing and any other powers as now provided by law for magistrates in such cases.
(9) If a child fifteen years of age or older is charged with a violation of Section 16-23-430(1) or Section 44-53-445, the court may after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offenses if committed by an adult.
(B) Jurisdiction over a case involving a juvenile must be transferred if a child sixteen years of age or older is charged with an offense which would be a Class A, B, C, or D felony as defined in Section 16-1-20 if committed by an adult. The court act as a magistrate shall bind over the juvenile for proper criminal proceedings to a court which would have trial jurisdiction of the offenses if committed by an adult."
SECTION 2. Section 20-7-1330(c) of the 1976 Code, as last amended by Act 615 of 1988, is further amended to read:
"(c) commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children or to place them in family homes or under the guardianship of a suitable person. Commitment must be for an indeterminate a determinate period but in no event beyond the child's twenty-first birthday. The determinate period may not exceed the term of imprisonment allowed if the offense was committed by an adult;"
SECTION 3. This act takes effect upon approval by the Governor.