Current Status Bill Number:
4344Ratification Number: 515Act Number: 428Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19960109Primary Sponsor: JenningsAll Sponsors: Jennings, Inabinett, Allison, Haskins, Harrison, Vaughn, Simrill, Herdklotz, Delleney, Kirsh, Richardson, McElveenDrafted Document Number: PFM\7719AC.96Date Bill Passed both Bodies: 19960530Date of Last Amendment: 19960523Governor's Action: SDate of Governor's Action: 19960618Subject: Juveniles, restitution of
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19960626 Act No. A428 ------ 19960618 Signed by Governor ------ 19960613 Ratified R515 House 19960530 Concurred in Senate amendment, enrolled for ratification Senate 19960524 Read third time, returned to House with amendment Senate 19960523 Amended, read second time, unanimous consent for third reading on Friday, 19960524 Senate 19960515 Committee report: Favorable with 11 SJ amendment Senate 19960227 Introduced, read first time, 11 SJ referred to Committee House 19960222 Read third time, sent to Senate House 19960221 Amended, read second time House 19960214 Committee report: Favorable with 25 HJ amendment House 19960109 Introduced, read first time, 25 HJ referred to Committee House 19951206 Prefiled, referred to Committee 25 HJView additional legislative information at the LPITS web site.
(A428, R515, H4344)
AN ACT TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF JUVENILE CASES, SO AS TO DELETE THE CAP ON THE AMOUNT OF RESTITUTION THAT A COURT MAY ORDER A JUVENILE TO PAY, TO PROVIDE THAT THIS AMOUNT IS IN THE COURT'S DISCRETION, AND TO PROVIDE FACTORS TO BE CONSIDERED IN ESTABLISHING THIS AMOUNT; AND TO AMEND SECTION 20-7-1335, RELATING TO DESTRUCTION OF RECORDS, SO AS TO CHANGE THE TERM "JUVENILE" TO "CHILD".
Be it enacted by the General Assembly of the State of South Carolina:
Monetary restitution included in disposition of juvenile case; factors to be considered
SECTION 1. Section 20-7-1330(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(a) place the child on probation or under supervision in the child's own home or in the custody of a suitable person elsewhere, upon conditions as the court may determine. A child placed on probation by the court remains under the authority of the court only until the expiration of the specified term of probation. This specified term of probation may expire before but not after the eighteenth birthday of the child. Probation means casework services during a continuance of the case. Probation must not be ordered or administered as punishment, but as a measure for the protection, guidance, and well-being of the child and the child's family. Probation methods must be directed to the discovery and correction of the basic causes of maladjustment and to the development of the child's personality and character, with the aid of the social resources of the community. The court may impose monetary restitution, participation in supervised work or community service, or both, as a condition of probation. The Department of Juvenile Justice, in coordination with local community agencies, shall develop and encourage employment of a constructive nature designed to make reparation and to promote the rehabilitation of the child. When considering the appropriate amount of monetary restitution to be ordered, the court shall establish the monetary loss suffered by the victim and then weigh and consider this amount against the number of individuals involved in causing the monetary loss, the child's particular role in causing this loss, and the child's ability to pay the amount over a reasonable period of time. The Department of Juvenile Justice shall develop a system for the transferring of a court ordered restitution from the child to the victim or owner of property injured, destroyed, or stolen;"
"Juvenile" changed to "child"
SECTION 2. Section 20-7-1330(b) of the 1976 Code, as last amended by Act 615 of 1988, is further amended to read:
"(b) as a condition of probation impose upon the child a fine not exceeding two hundred dollars when the offense is one in which a magistrate, municipal, or circuit court judge has the authority to impose a fine. A fine may be imposed when commitment is suspended but not in addition to commitment;"
"Juvenile" changed to "child"
SECTION 3. The first paragraph of Section 20-7-1335 of the 1976 Code, as added by Act 108 of 1987, is amended to read:
"A child not previously adjudicated delinquent for committing an offense which would have been a crime if committed by an adult, who has been taken into custody, charged with, or adjudicated delinquent for having committed a status offense or a nonviolent criminal offense may petition the family court for an order destroying all official records relating to his being taken into custody, the charges filed against him, his adjudication, and disposition. The granting of the order is discretionary with the court. However, the court may not grant the order unless it finds that the person who is seeking to have his records destroyed is at least eighteen years of age, has fully and successfully completed any dispositional sentence imposed upon him, and has neither been charged nor is currently charged with committing any additional criminal offenses."
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 18th day of June, 1996.