South Carolina General Assembly
110th Session, 1993-1994

Bill 3554


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3554
Primary Sponsor:                Klauber
Committee Number:               25
Type of Legislation:            GB
Subject:                        Juvenile, tried in general
                                sessions court
Residing Body:                  House
Current Committee:              Judiciary
Computer Document Number:       JIC/5332HC.93
Introduced Date:                19930223    
Last History Body:              House
Last History Date:              19930223    
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Klauber
                                     Felder
                                     Gonzales
                                     Harrison
                                     Wright
                                     Sturkie
                                     Tucker
                                     Stille
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

3554  House   19930223      Introduced, read first time,    25
                            referred to Committee

View additional legislative information at the LPITS web site.


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

A BILL

TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JURISDICTION IN MATTERS RELATING TO OFFENSES COMMITTED BY JUVENILES, SO AS TO PROVIDE THAT A PETITION MAY BE FILED TO TRANSFER FROM FAMILY TO GENERAL SESSIONS COURT THE CASE OF A JUVENILE ALLEGED TO HAVE COMMITTED THE OFFENSE OF ASSAULT AND BATTERY WITH INTENT TO KILL.

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

SECTION 1. Section 20-7-430(6) of the 1976 Code, as last amended by Act 110 of 1989, is further amended to read:

"(6) Within thirty days after the filing of a petition in the family court alleging the child has committed the offense of murder, assault and battery with intent to kill, 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."

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

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