Current Status Bill Number:
4715Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19980226Primary Sponsor: KnottsAll Sponsors: Knotts, Whatley, Sandifer, Mason, Simrill, Law, Cotty, McMaster, Stuart, McCraw, Koon, Davenport and RiserDrafted Document Number: psd\7116ac.98Residing Body: HouseCurrent Committee: Judiciary Committee 25 HJSubject: Courts, pretrial intervention program, juvenile ineligible when third felony offense; Juvenile Justice Department
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19980226 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 17-22-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO ARE NOT ELIGIBLE FOR THE PRETRIAL INTERVENTION PROGRAM, SO AS TO INCLUDE A CHILD TRANSFERRED FROM FAMILY COURT TO A TRIAL COURT FOR CRIMINAL PROCEEDINGS WHEN THE CHILD IS CHARGED WITH HIS THIRD FELONY OFFENSE; TO AMEND SECTION 20-7-7605 RELATING TO TRANSFER OF JURISDICTION OF A JUVENILE, SO AS TO REQUIRE TRANSFER FROM FAMILY COURT TO A TRIAL COURT FOR CRIMINAL PROCEEDINGS WHERE A CHILD IS CHARGED WITH A FELONY AND PREVIOUSLY HAS BEEN ADJUDICATED DELINQUENT OR CONVICTED OF TWO PRIOR FELONIES OR CHARGED WITH ANY CRIME AFTER HAVING BEEN ADJUDICATED DELINQUENT OR CONVICTED OF THREE OR MORE FELONIES; AND TO AMEND SECTION 20-7-8510 RELATING TO DISCLOSURE OF JUVENILE RECORDS AND FINGERPRINTING JUVENILES, SO AS TO REQUIRE THE DISCLOSURE OF RECORDS AND FINGERPRINTING OF A JUVENILE ADJUDICATED DELINQUENT OR CONVICTED OF THREE FELONIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-22-50 of the 1976 Code, as last amended by Act 499 of 1992, is further amended to read:
"Section 17-22-50. A person may not be considered for intervention if he the person has previously been:
(1) previously accepted into an intervention program nor may intervention be considered for those individuals;
(2) charged with:
(b) driving under the influence of intoxicating liquor or drugs,;
(c) any traffic-related offense which is punishable only by fine or loss of points, or;
(d) any fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1020,; or
(e) any crime of violence as defined in Section 16-1-60;
(3) transferred from the family court to a trial court for criminal proceedings pursuant to Section 20-7-7605(10) or (11).
However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge."
SECTION 2. Section 20-7-7605(10) of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"(10) If a child fourteen years of age or older is charged with an a felony offense which, if committed by an adult, provides for a term of imprisonment of ten years or more and the child previously has been adjudicated delinquent in family court or convicted in circuit court for two prior felony offenses which, if committed by an adult, provide for a term of imprisonment of ten years or more, the court acting as committing magistrate shall bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offense if committed by an adult. For the purpose of this item, an adjudication or conviction is considered a second adjudication or conviction only if the date of the commission of the second offense occurred subsequent to the imposition of the sentence for the first offense."
SECTION 3. Section 20-7-7605 of the 1976 Code, as added by Act 383 of 1996, is amended by adding at the end:
"(11) If a child convicted after being bound over for criminal proceedings pursuant to item (10) subsequently is charged with a criminal offense other than a status offense, the court shall bind the child over for proper criminal proceedings to a court which would have trial jurisdiction if committed by an adult."
SECTION 4. Section 20-7-8510(A) of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"(A) The court shall make and keep records of all cases brought before it and shall devise and cause to be printed forms for social and legal records and other papers as may be required. The official juvenile records of the courts and the Department of Juvenile Justice are open to inspection only by consent of the judge to persons having a legitimate interest but always must be available to the legal counsel of the juvenile. Except as provided in subsection (B), all information obtained and social records prepared in the discharge of official duty by an employee of the court or Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly to anyone, other than the judge or others entitled under this article to receive this information, unless otherwise ordered by the judge or unless the juvenile has been bound over to a trial court for criminal proceedings pursuant to Section 20-7-7605(10) or (11) at which time the records must be disclosed to the trial court and prosecuting solicitor and may be used for the same purposes as adult criminal records. However, these records are open to inspection without the consent of the judge where the records are necessary to defend against an action initiated by a juvenile."
SECTION 5. Section 20-7-8510 of the 1976 Code, as added by Act 383 of 1996, is amended by adding an appropriately lettered subsection at the end to read:
"( ) Notwithstanding any other provision of this section, a juvenile convicted after being bound over to a trial court for criminal proceedings pursuant to Section 20-7-7605(10) or (11) must be fingerprinted, and these records may be used for any purpose that adult fingerprint records are used."
SECTION 6. This act takes effect October 1, 1998 and applies prospectively to adjudications for delinquency and convictions occurring on or after this act's effective date.