Current Status Bill Number:496 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950214 Primary Sponsor:Reese All Sponsors:Reese Drafted Document Number:DKA\3679CM.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Presentence investigations
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950214 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 24-21-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESENTENCE INVESTIGATIONS OF CERTAIN OFFENDERS, SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES MAY NOT CONDUCT A PRESENTENCE INVESTIGATION BEFORE A PERSON IS CONVICTED OF A CRIME.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 24-21-520 of the 1976 Code, as last amended by Act 505 of 1994, is further amended to read:
"Section 24-21-520. The department shall prepare a presentence investigation on all offenders who are convicted of a crime with a maximum penalty of not less than three years nor more than fifteen years or a class D, E, or F felony or a class A misdemeanor. In all other cases, the judge or the solicitor may require a presentence investigation before sentencing. The presentence investigation must be submitted to the court before sentencing. In cases in which the defendant pleads guilty or nolo contendere, the defendant may waive the presentence investigation. This waiver must be made freely, voluntarily, and on the record using the waiver of presentence investigation form developed by the Supreme Court. No portion of a presentence investigation may be conducted until an offender is convicted of a crime. Every presentence investigation must contain the following:
(1) a recommendation about the suitability of the offender for community supervision under any probation program and any of the sentencing options set forth in Chapter 21 of Title 24;
(2) input received from victims and witnesses;
(3) input received from law enforcement;
(4) a social history for the offender; and
(5) other pertinent information about the offender."
SECTION 2. This act takes effect upon approval by the Governor.