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
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 3554 House 19930223 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
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.