Current Status Bill Number:71 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:McConnell All Sponsors:McConnell, Leventis, Rose, Rankin, Hayes, Gregory Drafted Document Number:PT\1454CM.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Post conviction relief
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941003 Prefiled, referred to Committee 11 SJ
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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.
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 three years 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, whichever is later.
(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 three years 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 three years 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.