1995 Permanent Senate Journal Printed Pages 4000-4010 - South Carolina Legislature Online

Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

Printed Page 3990, June 6 | Printed Page 4010, June 6

Printed Page 4000 . . . . . Tuesday, June 6, 1995

(R123) S. 786 -- Senators Hayes, Peeler, Short and Gregory: AN ACT TO AMEND ACT 959 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE YORK COUNTY NATURAL GAS AUTHORITY, SO AS TO EXPAND THE SERVICE AREA TO A PORTION OF CHEROKEE COUNTY; TO INCREASE THE BOARD OF DIRECTORS OF THE AUTHORITY FROM SIX TO TEN MEMBERS AND CHANGE ITS COMPOSITION; TO PROVIDE THAT ANY MEMBER

Printed Page 4001 . . . . . Tuesday, June 6, 1995

OF THE AUTHORITY HAVING THREE UNEXCUSED ABSENCES DURING A CALENDAR YEAR MUST BE REMOVED BY THE GOVERNOR; TO AUTHORIZE THE AUTHORITY TO PURCHASE, MANUFACTURE, PRODUCE, AND TRANSPORT LIQUEFIED NATURAL GAS, COMPRESSED NATURAL GAS, AND PROPANE; TO CORRECT ARCHAIC REFERENCES; TO AUTHORIZE THE AUTHORITY TO ESTABLISH A RESERVE FUND; TO DELETE THE REQUIREMENT THAT ALL UNENCUMBERED REVENUES FROM THE SYSTEM BE PAID OVER TO YORK COUNTY AND THE MUNICIPALITIES SERVED BY THE AUTHORITY AND PROVIDE THAT THESE FUNDS MUST BE USED INSTEAD TO EXPAND THE SYSTEM OR TO REDUCE CUSTOMER RATES; AND TO PROVIDE THAT THE AUTHORITY MUST DURING THE MONTH OF DECEMBER OF EACH YEAR CONDUCT AN ANNUAL MEETING OF THE MEMBERS OF THE COUNTY LEGISLATIVE DELEGATION, COUNTY COUNCIL, AND MUNICIPAL COUNCILS FOR THE PURPOSE OF REPORTING THE PREVIOUS YEAR'S ACTIVITIES AND FUTURE EXPANSION PLANS OF THE AUTHORITY.

(R124) S. 814 -- Senator Holland: AN ACT TO REPEAL ACT 467 OF 1969, RELATING TO THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY.

(R125) S. 822 -- Senators Hayes, Peeler, Short and Gregory: AN ACT TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN YORK COUNTY, SO AS TO REDESIGNATE THE VOTING PRECINCTS AND DELETE ARCHAIC REFERENCES TO CERTAIN PRECINCTS' BOUNDARIES.

(R126) S. 828 -- Senators Waldrep and O'Dell: AN ACT TO AMEND ACT 868 OF 1950, AS AMENDED, RELATING TO THE DESIGNATION AND AFFIRMATION OF THE SPECIFIC AUTHORITY, RESPONSIBILITIES, AND POWERS OF THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REAFFIRM THE AUTHORITY OF THE BOARD TO ISSUE TAX ANTICIPATION NOTES SIMILAR TO AND CONSISTENT WITH THE TERMS AND PROVISIONS OF PARAGRAPH FOUR OF SECTION 11-27-50 OF THE 1976 CODE.

Printed Page 4002 . . . . . Tuesday, June 6, 1995

(R127) S. 840 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - BOARD OF ACCOUNTANCY, RELATING TO REVOCATION OF REGISTRATION AND PENALTIES FOR REINSTATEMENT, OFFICE REGISTRATION, AND RESPONSIBILITIES AND PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1818, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R128) S. 841 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - REAL ESTATE COMMISSION, RELATING TO TEACHING METHODS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1846, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R129) S. 842 -- Senator Saleeby: AN ACT TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE THE MAP REFERENCE WHICH DEFINES THE LINES OF THESE VOTING PRECINCTS, DELETE ARCHAIC REFERENCES AND PROVIDE THAT POLLING PLACES BE DETERMINED BY THE DARLINGTON COUNTY BOARD OF ELECTIONS AND REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE DARLINGTON COUNTY LEGISLATIVE DELEGATION TO INCLUDE THE MEMBER OR MEMBERS FROM THAT DISTRICT.

(R130) S. 847 -- Senator Bryan: AN ACT TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE PROVISIONS FOR DISTRICT 55.

(R131) H. 3023 -- Reps. Byrd, Baxley, Lloyd and Cromer: AN ACT TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1995 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-2414 SO AS TO PROVIDE FOR A DEDUCTION FROM STATE INCOME TAX REFUNDS OR A CONTRIBUTION TO BE ADDED TO STATE INCOME TAX PAYMENTS FOR THE SUPPORT OF THE

Printed Page 4003 . . . . . Tuesday, June 6, 1995

GIFT OF LIFE TRUST FUND; BY ADDING ARTICLE 13 TO TITLE 44, CHAPTER 43, SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND, TO PROVIDE FOR ITS BOARD OF DIRECTORS, DUTIES, AND FOR EXPENDITURE OF FUNDS; AND TO ADD SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE TRUST FUND.

(R132) H. 3026 -- Reps. Meacham, Cato, Marchbanks, Simrill, Cromer, Vaughn, Law, Keyserling, Elliott, Stille, Moody-Lawrence, Kelley, Richardson, Gamble, Walker, Phillips, Sandifer, Spearman and Shissias: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-245 SO AS TO PROVIDE THAT A MEMBER OF A STATE BOARD, COUNCIL, COMMISSION, OR COMMITTEE WHO HAS THREE CONSECUTIVE UNEXCUSED ABSENCES FROM MEETINGS IS CONSIDERED REMOVED FROM OFFICE AND A VACANCY IS CREATED; TO REQUIRE THE CHAIRMAN TO IMMEDIATELY NOTIFY THE APPOINTING AUTHORITY OF THE VACANCY; AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO EX OFFICIO MEMBERS OR THEIR DESIGNEES.

(R133) H. 3033 -- Reps. Simrill, Haskins, Cromer, Walker, Vaughn, D. Smith, Meacham, Moody-Lawrence, Sandifer, Rice, Cain, Mason, Lloyd and Clyburn: AN ACT TO AMEND SECTIONS 7-15-320 AND 7-15-340, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO LOWER FROM SEVENTY-TWO TO SIXTY-FIVE THE AGE OF A PERSON WHO QUALIFIES TO VOTE BY ABSENTEE BALLOT.

(R134) H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER

Printed Page 4004 . . . . . Tuesday, June 6, 1995

IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT, TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES, AND TO PROVIDE PENALTIES, TO PROVIDE THE COURT THAT HAS JURISDICTION OVER CERTAIN ALCOHOL RELATED OFFENSES HAS JURISDICTION OVER THE OFFENSE OF CHILD ENDANGERMENT, AND TO PROVIDE THAT A FIRST OFFENSE CHARGE FOR A VIOLATION OF THIS OFFENSE MAY NOT BE USED AS THE ONLY EVIDENCE FOR TAKING A CHILD INTO CUSTODY.

(R135) H. 3060 -- Reps. Vaughn, Cato, Allison, J. Brown, Meacham, Elliott, Gamble, Phillips and Spearman: AN ACT TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO THE ABOVE REQUIREMENT WHEN THE CHILD HAS BEEN IN FOSTER CARE FOR AT LEAST SIX MONTHS AFTER HAVING BEEN LEGALLY FREED FOR ADOPTION AND NO SOUTH CAROLINA RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.

(R136) H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-13-100 SO AS TO DEFINE "NO PAROLE OFFENSE"; BY ADDING SECTION 24-13-125 SO AS TO PROVIDE THE CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE; BY ADDING SECTION 24-13-150 SO AS TO PROVIDE THE CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION; BY ADDING SECTION 24-13-175 SO AS TO PROVIDE THAT SENTENCES IMPOSED AND TIME SERVED MUST BE COMPUTED BASED UPON A THREE HUNDRED AND SIXTY-FIVE DAY YEAR; BY ADDING SECTION 24-21-560 SO AS TO PROVIDE THAT CERTAIN PRISONERS MUST COMPLETE A

Printed Page 4005 . . . . . Tuesday, June 6, 1995

COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, AND TO REQUIRE CERTAIN INDIVIDUALS TO BE NOTIFIED BY THE DEPARTMENT WHEN A PRISONER IS RELEASED TO COMMUNITY SUPERVISION; TO AMEND SECTIONS 1-30-10 AND 1-30-85, AS AMENDED, RELATING TO DEPARTMENTS RESTRUCTURED WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO SUBSTITUTE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES FOR DEPARTMENT OF PROBATION, PARDON AND PAROLE; PAYMENT FROM THE VICTIM COMPENSATION FUND, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES" FOR "DEPARTMENT OF PAROLE AND COMMUNITY SERVICES", TO PERMIT PAYMENT OF DEBT TO THE STATE A CONDITION OF COMMUNITY SUPERVISION, TO SUBSTITUTE "STATE OFFICE OF VICTIM ASSISTANCE" FOR "VICTIM'S COMPENSATION FUND", AND TO REVISE THE AGENCIES WHOSE VICTIM RESTITUTION PROGRAMS ARE COORDINATED BY THE STATE OFFICE OF VICTIM ASSISTANCE; TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO ALLOW THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES TO DISCLOSE BETWEEN THE TWO DEPARTMENTS INFORMATION PROVIDED TO VICTIMS AND WITNESSES; AND TO ELIMINATE RESTITUTION AS A CONDITION OF PAROLE; TO AMEND SECTION 15-3-1550, AS AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO REQUIRE THE SOLICITOR TO PROVIDE A COPY OF THE IMPACT STATEMENT TO THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES UNDER CERTAIN CIRCUMSTANCES, AND TO SUBSTITUTE "PROBATION, PAROLE, AND PARDON SERVICES BOARD" FOR "PAROLE AND COMMUNITY CORRECTIONS BOARD"; TO AMEND SECTION 16-11-311, RELATING TO BURGLARY IN THE FIRST DEGREE, SO AS TO DEFINE "LIFE" AND TO ELIMINATE PAROLE FOR THE COMMISSION OF THE CRIME; TO AMEND SECTION 17-25-45, RELATING TO A SOLICITOR'S DISCRETION TO INVOKE A LIFE SENTENCE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE A PERSON MUST BE SENTENCED TO LIFE IMPRISONMENT UPON

Printed Page 4006 . . . . . Tuesday, June 6, 1995

CONVICTION OF CERTAIN CRIMES OR A COMBINATION OF CERTAIN CRIMES, TO PROVIDE DEFINITIONS OF CERTAIN OFFENSES WHOSE PUNISHMENT IS LIFE IMPRISONMENT, TO DEFINE "CONVICTION", TO DENY EARLY RELEASE TO CERTAIN PRISONERS, TO PROVIDE CONDITIONS FOR PAROLE, TO PROVIDE A DEFINITION FOR "PRIOR CONVICTION", TO PROVIDE THAT CERTAIN PROVISIONS IN THIS SECTION ARE MANDATORY, AND TO REQUIRE THE SOLICITOR TO GIVE NOTICE OF HIS DECISION TO INVOKE SENTENCING UNDER THIS PROVISION BEFORE TRIAL; TO AMEND SECTION 20-7-2205, AS AMENDED, RELATING TO CERTAIN JUVENILE OFFENDERS WHO MAY NOT BE COMMITTED TO CERTAIN CORRECTIONAL INSTITUTIONS, SO AS TO PERMIT CERTAIN JUVENILES TO BE PLACED IN THESE FACILITIES UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE THAT A JUVENILE COMMITTED UNDER THIS PROVISION MAY NOT BE CONFINED WITH CERTAIN JUVENILES; TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF A CHILD TO THE DEPARTMENT OF JUVENILE JUSTICE AND HIS TRANSFER TO THE DEPARTMENT OF CORRECTIONS UNDER CERTAIN CIRCUMSTANCES, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH A JUVENILE MUST BE TRANSFERRED TO THE DEPARTMENT OF CORRECTIONS;TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO MAGISTRATES' JURISDICTION OVER MINOR OFFENSES, SO AS TO REVISE MAGISTRATES' AUTHORITY AND CLARIFY THEIR DUTIES; TO AMEND SECTION 22-5-910, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO REVISE THE OFFENSES TO WHICH THE SECTION DOES NOT APPLY; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CUSTODY, CONFINEMENT, AND PROGRAMS FOR CONVICTED PERSONS, SO AS TO REVISE OBSOLETE REFERENCES, CLARIFY A COURT'S SENTENCING AUTHORITY, AND PROVIDE FOR WORK RELEASE; TO AMEND SECTION 24-3-410, AS AMENDED, RELATING TO THE PROHIBITION ON THE SALE OF PRODUCTS PRODUCED BY INMATES, SO AS TO REVISE THE PRODUCTS EXEMPTED FROM THE SECTION; TO AMEND SECTION 24-3-530, AS AMENDED, RELATING TO CAPITAL PUNISHMENT, SO AS TO PROVIDE FOR LETHAL INJECTION; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO CREDITS FOR GOOD BEHAVIOR, SO AS TO PROVIDE FOR CREDITS FOR PERSONS CONVICTED OF

Printed Page 4007 . . . . . Tuesday, June 6, 1995

"NO PAROLE OFFENSES" AND FOR PERSONS NOT ENTITLED TO CREDITS AND REVISE PROVISIONS FOR FORFEITURE OF CREDITS; TO AMEND SECTION 24-13-220, RELATING TO TIME OFF FOR GOOD BEHAVIOR FOR COMMUTED OR SUSPENDED SENTENCES, SO AS TO PROVIDE CREDITS FOR SUSPENDED SENTENCES; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO REDUCTION OF SENTENCES FOR PROGRAM PARTICIPATION, SO AS TO PROVIDE REDUCTIONS FOR PERSONS CONVICTED OF "NO PAROLE OFFENSES" AND PROVIDE FOR PERSONS NOT ENTITLED TO REDUCTIONS; TO AMEND SECTION 24-13-610, RELATING TO EXTENDED WORK RELEASE PROGRAMS, SO AS TO PROVIDE FOR THE SECTION NOT TO APPLY TO PERSONS CONVICTED OF "NO PAROLE OFFENSES"; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO CLARIFY THE REFERENCE TO VIOLENT OFFENSES AND INCLUDE PERSONS CONVICTED OF "NO PAROLE OFFENSES"; TO AMEND SECTION 24-13-710, AS AMENDED, RELATING TO IMPLEMENTATION OF THE SUPERVISED FURLOUGH PROGRAM, SO AS TO EXCLUDE FROM THE PROGRAM INMATES WHO HAVE COMMITTED A "NO PAROLE OFFENSE" AS DEFINED IN SECTION 24-13-100; TO AMEND SECTION 24-13-720, AS AMENDED, RELATING TO INMATES WHO MAY BE PLACED WITH THE SUPERVISED FURLOUGH PROGRAM, SO AS TO ALLOW INMATES WHO HAVE NOT BEEN CONVICTED OF A "NO PAROLE OFFENSE" TO BE PLACED IN THE PROGRAM; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM AND DEFINITIONS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT "SHOCK INCARCERATION PROGRAM" MEANS A PROGRAM PURSUANT TO WHICH ELIGIBLE INMATES ARE ORDERED BY THE COURT TO PARTICIPATE; TO AMEND SECTION 24-13-1320, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, REGULATIONS, SELECTION COMMITTEE, AND REPORTS, SO AS TO DELETE THE PROVISION THAT, FOR EACH RECEPTION CENTER, THE DIRECTOR SHALL APPOINT OR CAUSE TO BE APPOINTED A SHOCK INCARCERATION SELECTION COMMITTEE; TO AMEND SECTION 24-13-1330, AS AMENDED, RELATING TO THE APPLICATION OF

Printed Page 4008 . . . . . Tuesday, June 6, 1995

AN INMATE TO PARTICIPATE IN THE SHOCK INCARCERATION PROGRAM, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT A COURT MAY ORDER THAT AN "ELIGIBLE INMATE" BE SENTENCED TO THE PROGRAM; TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE HOME DETENTION ACT AND THE INAPPLICABILITY OF THE ACT TO CERTAIN CONTROLLED SUBSTANCE OFFENDERS, SO AS TO PROVIDE THAT NOTHING IN THE ACT DIMINISHES THE REGULATION OR IMPOSITION OF CONDITIONS FOR COMMUNITY SUPERVISION; TO AMEND SECTION 24-19-160, AS AMENDED, RELATING TO THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDERS, THE POWERS OF THE COURTS, AND THE JURISDICTION OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO, AMONG OTHER THINGS, REFERENCE "COMMUNITY SUPERVISION"; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO THE STRUCTURE OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO MAKE CERTAIN LANGUAGE AND STYLE CHANGES; TO AMEND SECTION 24-21-13, AS AMENDED, RELATING TO THE OVERSIGHT OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES BY THE DEPARTMENT'S DIRECTOR, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO INMATE OR FUTURE INMATE SHALL HAVE A "LIBERTY INTEREST" OR AN "EXPECTANCY OF RELEASE" WHILE IN A COMMUNITY SUPERVISION PROGRAM ADMINISTERED BY THE DEPARTMENT; TO AMEND SECTION 24-21-30, RELATING TO MEETINGS OF THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES AND PAROLE AND PARDON PANELS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT A PERSON WHO COMMITS A "NO PAROLE OFFENSE" AS DEFINED IN SECTION 24-13-100 ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION IS NOT ELIGIBLE FOR PAROLE CONSIDERATION BUT MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM AS SET FORTH IN SECTION 24-21-560 BEFORE DISCHARGE FROM THE SENTENCE IMPOSED BY THE COURT; TO AMEND SECTION 24-21-50, RELATING TO HEARINGS BEFORE THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICE, SO AS NOT TO ALLOW AN INMATE THE RIGHT OF CONFRONTATION DURING THESE HEARINGS; TO AMEND SECTION 24-21-60, AS AMENDED,

Printed Page 4009 . . . . . Tuesday, June 6, 1995

RELATING TO AGENCIES COOPERATING WITH THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO UPDATE A REFERENCE; TO AMEND SECTION 24-21-80, AS AMENDED, RELATING TO SUPERVISION FEES, SO AS TO INCLUDE COMMUNITY SUPERVISION IN THE PROGRAMS COVERED BY SUPERVISION FEES AND REVISE THE CONDITIONS FOR AN EXEMPTION FROM SUCH FEES; TO AMEND SECTION 24-21-220, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENTAL DIRECTOR SO AS TO INCLUDE COMMUNITY SUPERVISION AMONG HIS DUTIES; TO AMEND SECTION 24-21-230, AS AMENDED, RELATING TO AGENTS AND ASSISTANTS, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE DUTIES OF PROBATION AGENTS, SO AS TO INCLUDE COMMUNITY SUPERVISION AMONG THEIR DUTIES; TO AMEND SECTION 24-21-300, RELATING TO VIOLATION CITATIONS OF PROBATION AGENTS, SO AS TO EXTEND CITATIONS TO COMMUNITY SUPERVISION, UPDATE REFERENCES, AND PROVIDE PROOF OF SERVICE; TO AMEND SECTION 24-21-910, RELATING TO DUTIES OF THE BOARD WITH RESPECT TO THE DEATH SENTENCE, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND SECTION 24-21-950, RELATING TO PARDON ELIGIBILITY GUIDELINES, SO AS TO ALLOW A CRIME VICTIM OR AN OFFENDER'S FAMILY MEMBERS TO PETITION FOR A PERSON WHO HAS COMPLETED SUPERVISION OR WHO HAS BEEN DISCHARGED FROM A SENTENCE AND ALLOW REQUESTS FROM A PERSON DISCHARGED FROM A SENTENCE WITHOUT SUPERVISION ANY TIME AFTER DISCHARGE; TO AMEND SECTION 24-23-20, RELATING TO THE CASE CLASSIFICATION SYSTEM, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND SECTION 24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO FURTHER PROVIDE FOR WHAT THE PLAN MUST INCLUDE; TO AMEND SECTION 24-23-40, AS AMENDED, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO FURTHER PROVIDE WHAT THE PLAN MUST PROVIDE FOR; TO AMEND SECTION 24-23-130, RELATING TO TERMINATING A PROBATIONER FROM SUPERVISION, SO AS TO REVISE THE CONDITIONS FOR TERMINATION AND TO WHOM THE SECTION APPLIES; TO AMEND SECTION 24-23-220, AS AMENDED, RELATING TO PAYMENTS OF ASSESSMENTS IMPOSED AS A CONDITION OF SUPERVISION UPON RELEASE

Printed Page 4010 . . . . . Tuesday, June 6, 1995

FROM PRISON, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH SUCH PAYMENTS MUST BE DEPOSITED; TO AMEND SECTION 44-53-445, AS AMENDED, RELATING TO DISTRIBUTION OF CONTROLLED SUBSTANCES WITH PROXIMITY TO A SCHOOL, SO AS TO MAKE THIS A SEPARATE CRIMINAL OFFENSE; TO ADD SECTION 54-7-815 SO AS TO MAKE IT UNLAWFUL TO EXCAVATE OR SALVAGE CERTAIN SUNKEN WARSHIPS WHERE IT IS BELIEVED HUMAN REMAINS ARE CONTAINED AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO WARRANTLESS ARRESTS, SO AS TO FURTHER PROVIDE FOR THESE ARRESTS, TO PROVIDE FOR THE MANNER IN WHICH A LAW ENFORCEMENT OFFICER SHALL EVALUATE AND MAKE ARRESTS INVOLVING COMPLAINTS OF DOMESTIC OR FAMILY VIOLENCE, AND TO PROVIDE FOR CERTAIN IMMUNITY FROM LIABILITY FOR LAW ENFORCEMENT OFFICERS ACTING UNDER THIS SECTION; TO CREATE A COMMITTEE TO STUDY MANDATORY MINIMUM SENTENCES, ALTERNATIVE SENTENCES, AND ANTI-RECIDIVISM METHODS FOR CERTAIN NONVIOLENT OFFENDERS; AND TO REPEAL SECTIONS 16-3-27 RELATING TO THE EXECUTION OF PREGNANT FEMALES UNDER CERTAIN CONDITIONS, 24-1-200 RELATING TO INQUIRIES INTO SENTENCES, 24-3-10 RELATING TO THE PENITENTIARY AT COLUMBIA BEING THE GENERAL PRISON OF THE STATE, 24-13-370 RELATING TO PREMATURE RELEASE OF PRISONERS, AND 24-13-1340 RELATING TO COURT-ORDERED EVALUATIONS OF DEFENDANTS FOR CERTAIN PURPOSES.

Printed Page 3990, June 6 | Printed Page 4010, June 6

Page Finder Index

This web page was last updated on Monday, June 29, 2009 at 2:12 P.M.