Bill 3535

                    Current Status

Bill Number:                    3535
Ratification Number:            277
Act Number:                     257
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19950208
Primary Sponsor:                Delleney, 
All Sponsors:                   Delleney, Martin, Baxley, Knotts,
                                Littlejohn, A. Young, Harrison, Wright,
                                Sheheen, J. Harris and Thomas 
Drafted Document Number:        BR1\18125AC.95
Date Bill Passed both Bodies:   19960312
Date of Last Amendment:         19950412
Governor's Action:              S
Date of Governor's Action:      19960401
Subject:                        Juvenile jurisdiction,
                                transfer

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960410  Act No. A257
------  19960401  Signed by Governor
------  19960326  Ratified R277
Senate  19960312  Read third time, enrolled for
                  ratification
Senate  19960307  Read second time
Senate  19960306  Committee report: Favorable              11 SJ
Senate  19950419  Introduced, read first time,             11 SJ
                  referred to Committee
House   19950418  Read third time, sent to Senate
House   19950412  Objection withdrawn by Representative            Scott
                                                                   Howard
House   19950412  Amended, read second time
House   19950412  Objection by Representative                      Howard
                                                                   Scott
House   19950405  Committee report: Favorable with         25 HJ
                  amendment
House   19950208  Introduced, read first time,             25 HJ
                  referred to Committee

(A257, R277, H3535)

AN ACT TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JUVENILE JURISDICTION, SO AS TO REQUIRE THE FAMILY COURT TO TRANSFER JURISDICTION OF A CHILD FOURTEEN YEARS OF AGE OR OLDER IF THE CHILD HAS BEEN CHARGED WITH AN OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD PROVIDE FOR A TERM OF IMPRISONMENT FOR TEN YEARS OR MORE AND THE CHILD HAS TWO PRIOR ADJUDICATIONS FOR OFFENSES CARRYING THE SAME SENTENCE, AND TO DEFINE A SECOND ADJUDICATION OR CONVICTION.

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

Transfer of juvenile jurisdiction

SECTION 1. Section 20-7-430 of the 1976 Code is amended by adding at the end:

"(10) If a child fourteen years of age or older is charged with an offense which, if committed by an adult, provides for a term of imprisonment of ten years or more and the child previously has been adjudicated delinquent in family court or convicted in circuit court for two prior offenses which, if committed by an adult, provide for a term of imprisonment of ten years or more, the court acting as committing magistrate shall bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offense if committed by an adult. For the purpose of this item, an adjudication or conviction is considered a second adjudication or conviction only if the date of the commission of the second offense occurred subsequent to the imposition of the sentence for the first offense."

Time effective

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

Approved the 1st day of April, 1996.