Current Status Introducing Body:House Bill Number:4561 Primary Sponsor:Hodges Committee Number:11 Type of Legislation:GB Subject:Post conviction relief applications Residing Body:Senate Current Committee:Judiciary Computer Document Number:DKA/3141AL.94 Introduced Date:19940119 Date of Last Amendment:19940406 Last History Body:Senate Last History Date:19940412 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Hodges Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 4561 Senate 19940412 Introduced, read first time, 11 referred to Committee 4561 House 19940407 Read third time, sent to Senate 4561 House 19940406 Amended, read second time 4561 House 19940324 Recalled from Committee 25 4561 House 19940119 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
AMENDED
April 6, 1994
H. 4561
S. Printed 4/6/94--H.
Read the first time January 19, 1994.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-27-45 SO AS TO PROVIDE FOR A STATUTE OF LIMITATIONS ON POST CONVICTION RELIEF APPLICATIONS AND TO PROVIDE FOR APPLICATIONS SEEKING RETROACTIVE APPLICATION OF JUDICIAL DECISIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 17-27-45. (A) An application for relief filed pursuant to this chapter must be filed within one year after the entry of judgment of conviction or within one year after the sending of the remittitur to the lower court from an appeal or the filing of the final decision upon an appeal.
(B) When a court whose decisions are binding upon the Supreme Court of this State or the Supreme Court of this State holds that the Constitution of the United States or the Constitution of South Carolina, or both, impose upon state criminal proceedings a substantive standard not previously recognized or a right not in existence at the time of the state court trial, and if, and only if, the standard or right is intended to be applied retroactively then an application under this chapter may be filed not later than one year after the date on which the standard or right was determined to exist.
(C) If the applicant contends that there is evidence of material facts, not previously presented and heard that requires vacation of the conviction or sentence, the application must be filed under this chapter within one year after the date of actual discovery of the facts by the applicant or after the date when the facts could have been ascertained by the exercise of reasonable diligence."
SECTION 2. This act takes effect upon approval by the Governor.