Current Status Bill Number:940 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960109 Primary Sponsor:Thomas All Sponsors:Thomas, Giese, Gregory, Leatherman, Mescher, Rose Drafted Document Number:PFM\7630AC.96 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Juvenile delinquents, violent crimes; definitions
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960109 Introduced, read first time, 11 SJ
referred to Committee
Senate 19951023 Prefiled, referred to Committee 11 SJ
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TO AMEND SECTIONS 20-7-390 AND 20-7-430, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE AGE OF A CHILD FOR PURPOSES OF JUVENILE DELINQUENCY MATTERS, SO AS TO PROVIDE THAT A PERSON WHO IS FOURTEEN OR FIFTEEN YEARS OF AGE IS NOT A CHILD IF CHARGED WITH COMMITTING A VIOLENT CRIME, AND TO PROHIBIT REMANDING TO FAMILY COURT A PERSON WHO IS FOURTEEN, FIFTEEN, OR SIXTEEN YEARS OF AGE WHO IS CHARGED WITH COMMITTING A VIOLENT CRIME; AND TO AMEND SECTION 24-19-10, AS AMENDED, RELATING TO THE DEFINITION OF YOUTHFUL OFFENDER, SO AS TO INCLUDE A PERSON CHARGED WITH A VIOLENT CRIME WHO IS FOURTEEN OR FIFTEEN YEARS OF AGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-390 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"Section 20-7-390. When used in this article, unless the context otherwise requires, `child' means a person less than seventeen years of age, where the child is dealt with as a juvenile delinquent. `Child' does not mean a person fourteen or fifteen years of age who is charged with a violent crime as defined in Section 16-1-60 and `child' does not mean a person sixteen years of age or older who is charged with a violent crime, a Class A, B, C, or D felony as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of fifteen years or more. However, a person sixteen years of age who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more may be remanded to the family court for disposition of the charge at the discretion of the solicitor unless the felony the person is charged with is a violent crime, as defined in Section 16-1-60, in which case the person must not be remanded to family court. Where the child is dealt with as a dependent or neglected child, the term `child' shall mean a person under eighteen years of age."
SECTION 2. Section 20-7-430(5) of the 1976 Code, as last amended by Act 7 of 1995, is further amended by adding at the end:
"However, if the felony is a violent crime, as defined in Section 16-1-60, then pursuant to Section 20-7-390 a person who is fourteen or fifteen years of age is not a child and accordingly is subject to criminal proceedings in a court having trial jurisdiction of the offense when committed by an adult and must not be bound over to the family court."
SECTION 3. Section 24-19-10(d) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"(d) `Youthful Offender' means an offender who is under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-430, who is sixteen years of age and has been charged with a violent crime as defined in Section 16-1-60, a Class A, B, C, or D felony as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of fifteen years or more, who is fourteen or fifteen years of age and has been charged with a violent crime as defined in Section 16-1-60, or who is seventeen but less than twenty-five years of age at the time of conviction."
SECTION 4. This act takes effect upon approval by the Governor.