Current Status Bill Number:616 Ratification Number:201 Act Number:141 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970403 Primary Sponsor:Holland All Sponsors:Holland, Lander, McConnell and Giese Drafted Document Number:dka\4287cm.97 Companion Bill Number:3768 Date Bill Passed both Bodies:19970605 Date of Last Amendment:19970604 Governor's Action:S Date of Governor's Action:19970613 Subject:Sexual assault victims, Crimes and Offenses, medicolegal exams; Victims Bill of Rights; Courts, assessments, surcharges
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19970714 Act No. A141
------ 19970613 Signed by Governor
------ 19970609 Ratified R201
Senate 19970605 Concurred in House amendment,
enrolled for ratification
House 19970605 Read third time, returned to Senate
with amendment
House 19970604 Amended, read second time
House 19970604 Request for debate withdrawn
by Representative Young
Simrill
House 19970604 Request for debate withdrawn
by Representative Knotts
Harrison
Limbaugh
Loftis
Meacham
House 19970603 Request for debate by Representative Kirsh
Meacham
Baxley
McLeod
Loftis
Limbaugh
Harrison
D. Smith
Simrill
Young
Knotts
House 19970528 Committee report: Favorable with 25 HJ
amendment
House 19970501 Introduced, read first time, 25 HJ
referred to Committee
Senate 19970430 Amended, read third time,
sent to House
Senate 19970429 Read second time, notice of
general amendments
Senate 19970429 Recalled from Committee 11 SJ
Senate 19970415 Recommitted to Committee, 11 SJ
retaining its place on the Calendar
Senate 19970415 Committee report: Favorable with 11 SJ
amendment
Senate 19970403 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
(A141, R201, S616)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1350 SO AS TO PROVIDE FOR MEDICOLEGAL EXAMS RELATING TO CERTAIN ILLEGAL SEXUAL ACTIVITY; TO AMEND SECTION 16-3-1210, AS AMENDED, RELATING TO PERSONS ELIGIBLE TO RECEIVE AWARDS FROM THE VICTIM'S COMPENSATION FUND, SO AS TO DELETE THE PROVISIONS THAT ALLOW A LICENSED HEALTH CARE OR MEDICAL FACILITY TO RECEIVE AWARDS FROM THE FUND; TO AMEND ARTICLE 15, CHAPTER 3, TITLE 16, RELATING TO THE VICTIM'S AND WITNESS'S BILL OF RIGHTS, SO AS TO REVISE THE PROVISIONS OF THE ARTICLE; TO AMEND SECTION 14-1-206, AS AMENDED, RELATING TO CERTAIN GENERAL SESSIONS COURT ASSESSMENTS, SO AS TO REVISE THE AMOUNT OF THE ASSESSMENTS AND THE DISBURSEMENT OF THE ASSESSMENTS; TO AMEND SECTION 14-1-207, AS AMENDED, RELATING TO CERTAIN MAGISTRATE'S COURT ASSESSMENTS, SO AS TO REVISE THE AMOUNT OF THE ASSESSMENTS AND THE DISBURSEMENT OF THE ASSESSMENTS; TO AMEND SECTION 14-1-208, AS AMENDED, RELATING TO MUNICIPAL COURT ASSESSMENTS, SO AS TO REVISE THE AMOUNT OF THE ASSESSMENTS AND THE DISBURSEMENT OF THE ASSESSMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-211 SO AS TO PROVIDE CERTAIN SURCHARGES TO BE IMPOSED FOR CONVICTIONS OBTAINED IN GENERAL SESSIONS, MAGISTRATE'S, AND MUNICIPAL COURTS, AND TO PROVIDE FOR THE DISBURSEMENT OF THESE SURCHARGES; AND TO PROVIDE A SEVERABILITY CLAUSE.
Be it enacted by the General Assembly of the State of South Carolina:
Medicolegal examination
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-1350. (A) The State must ensure that a victim of criminal sexual conduct in any degree, criminal sexual conduct with a minor in any degree, or child sexual abuse must not bear the cost of his or her routine medicolegal exam following the assault if the victim has filed an incident report with a law enforcement agency.
(B) These exams must be standardized relevant to medical treatment and to gathering evidence from the body of the victim and must be based on and meet minimum standards for rape exam protocol as developed by the South Carolina Law Enforcement Division, the South Carolina Hospital Association, and the Governor's Office Division of Victim Assistance with production costs to be paid from funds appropriated for the Victim's Compensation Fund. These exams must include treatment for venereal disease, and must include medication for pregnancy prevention if indicated and if desired. The South Carolina Law Enforcement Division must distribute these exam kits to any licensed health care facility providing sexual assault exams. When dealing with a victim of criminal sexual assault, the law enforcement agency immediately must transport the victim to the nearest licensed health care facility which performs sexual assault exams. A health care facility providing sexual assault exams must use the standardized protocol described above.
(C) A licensed health care facility, upon completion of a routine sexual assault exam as described in subsection (B) performed on a victim of criminal sexual conduct in any degree, criminal sexual conduct with a minor in any degree, or child sexual abuse, may file a claim for reimbursement directly to the South Carolina Crime Victim's Compensation Fund if the offense occurred in South Carolina. The South Carolina Crime Victim's Compensation Fund must develop procedures for health care facilities to follow when filing a claim with respect to the privacy of the victim. Health care facility personnel must obtain information necessary for the claim at the time of the exam, if possible. The South Carolina Crime Victim's Compensation Fund must reimburse eligible health care facilities directly.
(D) The Governor's Office Division of Victim Assistance must utilize existing funds appropriated from the general fund for the purpose of compensating licensed health care facilities for the cost of routine medical exams for sexual assault victims as described above. When the director determines that projected reimbursements in a fiscal year provided in this section exceed funds appropriated for payment of these reimbursements, he must direct the payment of the additional services from the Victim's Compensation Fund. For the purpose of this particular exam, the one hundred dollar deductible is waived for award eligibility under the fund. The South Carolina Victim's Compensation Fund must develop appropriate guidelines and procedures and distribute them to law enforcement agencies and appropriate health care facilities."
Victim Benefits
SECTION 2. Section 16-3-1210 of the 1976 Code, as last amended by an act of 1997 bearing ratification no. 68, is further amended to read:
"Section 16-3-1210. Except as provided in Section 16-3-1220, a victim, surviving spouse, or a parent or legally dependent child of a victim is entitled to file for benefits under this article if either:
(a) the offense was committed in this State; or
(b) the victim was a resident of this State when the crime was committed in either another state or outside the United States if the crime is terrorism. In either case the award payable under this article must be reduced by the amount paid or payable under the laws of another state as a result of the criminal act giving rise to the claim; or
(c) the victim was a resident of this State when the offense was committed in another state. In any case, the award payable under this article must be reduced by the amount paid or payable under the laws of another state as a result of the criminal act giving rise to the claim.
A surviving spouse, parent, or legally dependent child is not entitled to file for benefits under this section if that person is the subject of an investigation, has been charged with, convicted of, or pled guilty or nolo contendere to the offense in question, or acted on behalf of the suspect, juvenile offender, or defendant."
Victim and witness service
SECTION 3. Article 15, Chapter 3, Title 16 of the 1976 Code is amended to read:
Section 16-3-1505. In recognition of the civic and moral duty of victims of and witnesses to a crime to cooperate fully and voluntarily with law enforcement and prosecution agencies, and in further recognition of the continuing importance of this citizen cooperation to state and local law enforcement efforts and to the general effectiveness and the well-being of the criminal and juvenile justice systems of this State, and to implement the rights guaranteed to victims in the Constitution of this State, the General Assembly declares its intent, in this article, to ensure that all victims of and witnesses to a crime are treated with dignity, respect, courtesy, and sensitivity; that the rights and services extended in this article to victims of and witnesses to a crime are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protections afforded criminal defendants; and that the State has a responsibility to provide support to a network of services for victims of a crime, including victims of domestic violence and criminal sexual assault.
Section 16-3-1510. For the purpose of this article:
(1) 'Victim' means a person who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a criminal offense, as defined in this section. 'Victim' also includes the person's spouse, parent, child, or the lawful representative of a victim who is:
(a) deceased;
(b) a minor;
(c) incompetent; or
(d) physically or psychologically incapacitated.
'Victim' does not include a spouse, parent, child, or lawful representative who is the subject of an investigation for, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. 'Victim' also does not include a spouse, parent, child, or lawful representative who is acting on behalf of the suspect, juvenile offender, or defendant.
(2) 'Person' means an individual.
(3) 'Criminal offense' means an offense against the person or an offense against the property of the person when the value of the property destroyed or the cost of the damage is in excess of one thousand dollars, including both common law and statutory offenses. 'Criminal offense' does not include the drawing or uttering of a fraudulent check.
(4) 'Witness' means a person who has been or is expected to be summoned to testify for either the prosecution or the defense or who by reason of having relevant information is subject to be called or likely to be called as a witness for the prosecution or defense for criminal offenses defined in this section, whether or not any action or proceeding has been commenced.
(5) 'Prosecuting agency' means the solicitor, Attorney General, special prosecutor, or any person or entity charged with the prosecution of a criminal case in general sessions or family court.
(6) 'Summary court' means magistrate or municipal court.
(7) 'Initial offense incident report' means a uniform traffic accident report or a standardized incident report form completed at the time of the initial law enforcement response. 'Initial offense incident report' does not include supplementary reports, investigative notes or reports, statements, letters, memos, other communications, measurements, sketches, or diagrams not included in the initial offense incident report, or any material that may be considered the work product of a law enforcement officer or witness.
(8) 'In writing' means any written communication, including electronically transmitted data.
Section 16-3-1515. (A) A victim or prosecution witness who wishes to exercise his rights under this article or receive services under this article, or both, must provide a law enforcement agency, a prosecuting agency, a summary court judge, the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, his legal name, current mailing address, and current telephone number upon which the agency must rely in the discharge of its duties under this article.
(B) A victim who wishes to receive restitution must, within appropriate time limits set by the prosecuting agency or summary court judge, provide the prosecuting agency or summary court judge with an itemized list which includes the values of property stolen, damaged, or destroyed; property recovered; medical expenses or counseling expenses, or both; income lost as a result of the offense; out-of-pocket expenses incurred as a result of the offense; any other financial losses that may have been incurred; an itemization of financial recovery from insurance, the offense victim's compensation fund, or other sources. The prosecuting agency, court, or both, may require documentation of all claims. This information may be included in a written victim impact statement.
(C) A victim who wishes to be present for any plea, trial, or sentencing must notify the prosecuting agency or summary court judge of his desire to be present. This notification may be included in a written victim impact statement.
(D) A victim who wishes to submit a written victim impact statement must provide it to the prosecuting agency or summary court judge within appropriate time limits set by the prosecuting agency or summary court judge.
(E) A victim who wishes to make an oral victim impact statement to the court at sentencing must notify the prosecuting agency or summary court judge of this desire in advance of the sentencing.
Section 16-3-1520. (A) A law enforcement agency must provide a victim, free of charge, a copy of the initial incident report of his case, and a document which:
(1) describes the constitutional rights the State grants victims in criminal cases;
(2) describes the responsibilities of victims in exercising these rights;
(3) lists local victim assistance and social service providers;
(4) provides information on eligibility and application for victim's compensation benefits; and
(5) provides information about the rights of victims and witnesses who are harassed or threatened.
(B) A law enforcement agency, within a reasonable time of initial contact, must assist each eligible victim in applying for victim's compensation benefits and other available financial, social service, and counseling assistance.
(C) Law enforcement victim advocates, upon request, may intervene with, and seek special consideration from, creditors of a victim who is temporarily unable to continue payments as a result of an offense and with the victim's employer, landlord, school, and other parties as considered appropriate through the investigative process.
(D) A law enforcement agency, upon request, must make a reasonable attempt to inform a victim of the status and progress of his case from initial incident through:
(1) disposition in summary court;
(2) the referral of a juvenile offender to the Department of Juvenile Justice; or
(3) transmittal of a general sessions warrant to the prosecuting agency.
Section 16-3-1525. (A) A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must make a reasonable attempt to notify each victim of the arrest or detention and of the appropriate bond or other pretrial release hearing or procedure.
(B) A law enforcement agency, before releasing to his parent or guardian a juvenile offender accused of committing an offense involving one or more victims, must make a reasonable effort to inform each victim of the release.
(C) A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must provide to the jail, prison, or detention or holding facility having physical custody of the defendant, the name, mailing address, and telephone number of each victim. If the person is transferred to another facility, this information immediately must be transmitted to the receiving facility. The names, addresses, and telephone numbers of victims and witnesses contained in the files of a jail, prison, or detention or holding facility are confidential and must not be disclosed directly or indirectly, except as necessary to provide notifications.
(D) A law enforcement agency, after detaining a juvenile accused of committing an offense involving one or more victims, must provide to the Department of Juvenile Justice the name, address, and telephone number of each victim.
(E) After effecting the arrest or detention of a person accused of committing an offense not under the jurisdiction of a summary court, and involving one or more victims, the arresting law enforcement agency must provide, in writing, to the prosecuting agency before a bond or release hearing before a circuit or family court judge the name, address, and telephone number of each victim.
(F) After the arrest or detention of a person accused of committing an offense involving one or more victims and which is triable in summary court or an offense involving one or more victims for which a preliminary hearing may be held, the arresting law enforcement agency must provide, in writing, to the summary court the name, mailing address, and telephone number of each victim.
(G) A law enforcement agency must provide any measures necessary to protect the victims and witnesses, including transportation to and from court and physical protection in the courthouse.
(H) In cases in which a defendant has bond set by a summary court judge:
(1) the facility having custody of the defendant reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;
(2) the summary court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the facility having custody of the defendant to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend the proceeding. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and
(3) the summary court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.
(I) In cases in which a defendant has a bond proceeding before a circuit court judge:
(1) the prosecuting agency reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;
(2) the circuit court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and
(3) the circuit court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.
(J) In cases in which a juvenile has a detention hearing before a family court judge:
(1) the prosecuting agency must reasonably attempt to notify each victim of each case for which the juvenile is appearing before the court of his right to attend the detention hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights pertaining to the detention hearing;
(2) the family court judge, before proceeding with a detention hearing in a case involving a victim, must ask the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and
(3) the family court judge, if he does not rule that a juvenile must be detained, must impose conditions of release which are sufficient to protect a victim from harassment or intimidation by the juvenile or a person acting on the juvenile's behalf.
(K) Upon scheduling a preliminary hearing in a case involving a victim, the summary court judge reasonably must attempt to notify each victim of each case for which the defendant has a hearing of his right to attend.
Section 16-3-1530. (A) A jail, prison, or detention or holding facility having custody of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of the release of the person.
(B) A department or agency having custody or custodial supervision of a person accused of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of an escape by the person.
(C) A department or agency having custody of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims must inform each victim, upon request, of any transfer of the person to a less secure facility.
(D) A department or agency having custody or custodial supervision of a person convicted or adjudicated guilty of committing an offense involving one or more victims must reasonably attempt to notify each victim and prosecution witness, upon request, of an escape by the person.
Section 16-3-1535. (A) The summary court, upon retaining jurisdiction of an offense involving one or more victims, reasonably must attempt to notify each victim of his right to:
(1) be present and participate in all hearings;
(2) be represented by counsel;
(3) pursue civil remedies; and
(4) submit an oral or written victim impact statement, or both, for consideration by the summary court judge at the disposition proceeding.
(B) The summary court must provide to each victim who wishes to make a written victim impact statement a form that solicits pertinent information regarding the offense, including:
(1) the victim's personal information and supplementary contact information;
(2) an itemized list of the victim's economic loss and recovery from any insurance policy or any other source;
(3) details of physical or psychological injuries, or both, including their seriousness and permanence;
(4) identification of psychological services requested or obtained by the victim;
(5) a description of any changes in the victim's personal welfare or family relationships; and
(6) any other information the victim believes to be important and pertinent.
(C) The summary court judge must inform a victim of the applicable procedures and practices of the court.
(D) The summary court judge reasonably must attempt to notify each victim related to the case of each hearing, trial, or other proceeding.
(E) A law enforcement agency and the summary court must return to a victim personal property recovered or taken as evidence as expeditiously as possible, substituting photographs of the property and itemized lists of the property including serial numbers and unique identifying characteristics for use as evidence when possible.
(F) The summary court judge must recognize and protect the rights of victims and witnesses as diligently as those of the defendant.
Section 16-3-1540. (A) The Department of Juvenile Justice, upon referral of a juvenile accused of committing an offense involving one or more victims, must make a reasonable effort to confer with each victim before:
(1) placing the juvenile in a diversion program;
(2) issuing a recommendation for diversion;
(3) referring the juvenile to the prosecuting agency for prosecution;
(4) issuing a recommendation for evaluation at the agency's reception and evaluation center; or
(5) taking other action.
(B) The Department of Juvenile Justice must make a reasonable effort to keep each victim reasonably informed of the status and progress of a case from the time it is referred by law enforcement until it is referred to the prosecuting agency.
Section 16-3-1545. (A) The prosecuting agency, when a juvenile case is referred or a general sessions charge is received involving one or more victims, reasonably must attempt to notify each victim of his right to submit an oral or written victim impact statement, or both, for consideration by the circuit or family court judge at the disposition proceeding. The victim also must be informed that a written victim impact statement may be submitted at any postadjudication proceeding by the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice. The prosecuting agency must provide to each victim who wishes to make a written victim impact statement a form that solicits pertinent information regarding the offense that may include:
(1) the victim's personal information and supplementary contact information;
(2) an itemization of the victim's economic loss and recovery from any insurance policy or another source;
(3) details of physical or psychological injuries, or both, including their seriousness and permanence;
(4) identification of psychological services requested or obtained by the victim;
(5) a description of any changes in the victim's personal welfare or family relationships; and
(6) any other information the victim believes to be important and pertinent.
(B) The prosecuting agency must offer the victim assistance in preparing a comprehensive victim impact statement and assistance in reviewing and updating the statement, as appropriate, before the case is disposed.
(C) The prosecuting agency must inform victims and witnesses of the applicable procedures and practices of the criminal or juvenile justice system, or both.
(D) The prosecuting agency must inform each victim of his right to legal counsel and of any available civil remedies.
(E) A law enforcement agency, the prosecuting agency, and the circuit and family courts must return to a victim personal property recovered or taken as evidence as expeditiously as possible, substituting photographs of the property and itemized lists of the property including serial numbers and unique identifying characteristics to use as evidence when possible.
(F) The prosecuting agency must inform victims and prosecution witnesses of financial assistance, compensation, and fees to which they may be entitled and must offer to the victims and witnesses assistance with applications for these items.
(G) The prosecuting agency, upon request, must make a reasonable attempt to keep each victim informed of the status and progress of a case, with the exception of preliminary hearings, from the time a juvenile case is referred to, or a general sessions charge is received by, the prosecuting agency for disposition of the case in general sessions or family court.
(H) The prosecuting agency must discuss a case with the victim. The agency must confer with each victim about the disposition of the case including, but not limited to, diversions and plea negotiations.
(I) The prosecuting agency reasonably must attempt to notify each victim of each hearing, trial, or other proceeding. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article. When proceedings are canceled or rescheduled, the prosecuting agency must reasonably attempt to inform victims and witnesses in a timely manner.
(J) The prosecuting agency victim advocate, upon request, may intercede with, and seek special consideration from, employers of victims and witnesses to prevent loss of pay or benefits, or both, resulting from their participation in the criminal or juvenile justice system and with the victim's creditors, landlord, school, and other parties, as appropriate, throughout the prosecution process.
(K) If a victim or witness is threatened, the prosecuting agency immediately must refer the incident to the appropriate law enforcement agency for prompt investigation and make a reasonable attempt to prosecute the case.
(L) The prosecuting agency must take reasonable and appropriate steps to minimize inconvenience to victims and witnesses throughout court preparation and court proceedings and must familiarize victims and witnesses with courtroom procedure and protocol.
(M) The prosecuting agency must refer victims to counselors, social service agencies, and victim assistance providers, as appropriate.
Section 16-3-1550. (A) Employers of victims and witnesses must not retaliate against or suspend or reduce the wages and benefits of a victim or witness who lawfully responds to a subpoena. A wilful violation of this provision constitutes contempt of court.
(B) A person must not be sequestered from a proceeding adjudicating an offense of which he was a victim.
(C) For proceedings in the circuit or family court, the law enforcement and prosecuting agency must make reasonable efforts to provide victims and prosecution witnesses waiting areas separate from those used by the defendant and defense witnesses.
(D) The circuit or family court judge must recognize and protect the rights of victims and witnesses as diligently as those of the defendant. A circuit or family court judge, before proceeding with a trial, plea, sentencing, or other dispositive hearing in a case involving a victim, must ask the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice.
(E) The circuit or family court must treat sensitively witnesses who are very young, elderly, handicapped, or who have special needs by using closed or taped sessions when appropriate. The prosecuting agency or defense attorney must notify the court when a victim or witness deserves special consideration.
(F) The circuit or family court must hear or review any victim impact statement, whether written or oral, before sentencing. Within a reasonable period of time before sentencing, the prosecuting agency must make available to the defense any written victim impact statement and the court must allow the defense an opportunity to respond to the statement. However, the victim impact statement must not be provided to the defense until the defendant has been found guilty by a judge or jury. The victim impact statement and its contents are not admissible as evidence in any trial.
(G) The circuit and family court must address the issue of restitution as provided by statute.
Section 16-3-1555. (A) The circuit or family court must order, in a timely manner, reasonable expert witness fees and reimbursement to victims of reasonable out-of-pocket expenses associated with lawfully serving a subpoena.
(B) The prosecuting agency must forward, as appropriate and within a reasonable time, a copy of each victim's impact statement or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice. The names, addresses, and telephone numbers of victims and prosecution witnesses contained in the records of the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, and the Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly, except by order of a court of competent jurisdiction or as necessary to provide notifications, or services, or both, between these agencies, these agencies and the prosecuting agency, or these agencies and the Attorney General.
(C) The prosecuting agency must file with an indictment a copy of a written victim impact statement with the victim's personal information deleted.
(D) The prosecuting agency must inform the victim and the prosecution witnesses of their responsibility to provide the prosecuting agency, the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, the Department of Juvenile Justice, or the Attorney General, as appropriate, their legal names, current addresses, and telephone numbers.
(E) The prosecuting agency must inform the victim about the collection of restitution, fees, and expenses, the recovery of property used as evidence, and how to contact the Department of Corrections, the Board of Juvenile Parole, the Department of Probation, Parole, and Pardon Services, the Department of Juvenile Justice, or the Attorney General, as appropriate.
Section 16-3-1560. (A) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, reasonably must attempt to notify each victim of post-conviction proceedings affecting the probation, parole, or release of the offender, and of the victim's right to attend and comment at these proceedings. This notification must be made sufficiently in advance to allow the victim to exercise his rights as they pertain to post-conviction proceedings.
(B) The Attorney General, upon receiving notice of appeal or other post-conviction action by an offender convicted of or adjudicated guilty for committing an offense involving one or more victims, must request from the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, the victim's personal information.
(C) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, upon receipt of request for the victim's personal information from the Attorney General in an appeal or post-conviction proceeding, must supply the requested information within a reasonable period of time.
(D) The Attorney General must confer with victims regarding the defendant's appeal and other post-conviction proceedings.
(E) The Attorney General must keep each victim reasonably informed of the status and progress of the appeal or other post-conviction proceedings until their resolution.
(F) The Attorney General reasonably must attempt to notify a victim of all post-conviction proceedings and of the victim's right to attend. This notification must be made sufficiently in advance to allow the victim to exercise his rights pertaining to post-conviction proceedings.
Section 16-3-1565. (A) Nothing in this article creates a cause of action on behalf of a person against a public employee, public agency, the State, or an agency responsible for the enforcement of rights and provision of services set forth in this article.
(B) A sentence must not be invalidated because of failure to comply with the provisions of this article.
(C) This article must not be construed to create a cause of action for monetary damages."
General Sessions Court offense
SECTION 4. A. Section 14-1-206 of the 1976 Code, as last amended by Act 292 of 1996, is further amended to read:
"Section 14-1-206. (A) Beginning January 1, 1995, and continuously after that date, a person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in general sessions court must pay an amount equal to one hundred percent of the fine imposed as an assessment. This assessment must be paid to the clerk of court in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.
(B) The county treasurer must remit thirty-eight percent of the revenue generated by the assessment imposed in subsection (A) to the county to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.
(C) The State Treasurer shall deposit the assessments received as follows:
(1) 47.17 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2) 16.52 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;
(3) .5 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain the surplus for use in its law enforcement training programs;
(4) 16.21 percent to the Office of Indigent Defense for the defense of indigents;
(5) 13.26 percent for the State Office of Victim Assistance;
(6) 5.34 percent to the general fund;
(7) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel, and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year.
(D) The revenue retained by the county under subsection (B) must be used for the provision of services for the victims of crime including those required by law. Any funds distributed to or retained by the county treasurer pursuant to this item which are not used for the provision of victim services at the end of the fiscal year may be used for the capital or operating needs of the judicial system."
B. For fiscal year 1997-98, each county's monthly disbursement under Section 14-1-206(B) must be reduced, unless the monthly disbursement made pursuant to Section 14-1-206(C)(1) through (C)(7) is equal to or greater than the disbursement made for the same month in fiscal year 1996-97. The reduction of the monthly disbursement to the county pursuant to Section 14-1-206(B) may not be any greater than the amount necessary to bring a monthly disbursement pursuant to Section 14-1-206(C)(1) through (C)(7) to the same amount as the same month in fiscal year 1996-97, and the total reduction of disbursements to the county for the year pursuant to Section 14-1-206(B) for the fiscal year 1997-98 must not be any greater than the amount necessary to bring the total of the monthly disbursements pursuant to Section 14-1-206(C)(1) through (C)(7) to the same amount as in fiscal year 1996-97. The monthly report by the county treasurer must show the amount forwarded to the State Treasurer for the same month in fiscal year 1996-97, the amount being retained by the county for the month, and the amount of adjustment, if any, made to the remittance to the State Treasurer pursuant to this provision.
Magistrate's court offense
SECTION 5. A. Section 14-1-207 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"Section 14-1-207. (A) Beginning January 1, 1995, and continuously after that date, a person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in magistrate's court must pay an amount equal to 100 percent of the fine imposed as an assessment. This assessment must be paid to the magistrate and deposited as required by Section 22-1-70 in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.
(B) The county treasurer must remit 12 percent of the revenue generated by the assessment imposed in subsection (A) to the county to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.
(C) The State Treasurer shall deposit the assessments as follows:
(1) 35.12 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2) 22.49 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;
(3) .65 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain the surplus for use in its law enforcement training programs;
(4) 20.42 percent for the State Office of Victim Assistance;
(5) 8.94 percent to the general fund;
(6) 11.38 percent to the Office of Indigent Defense for the defense of indigents;
(7) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year.
(D) The revenue retained by the county under subsection (B) must be used for the provision of services for the victims of crime including those required by law. Any funds distributed to or retained by the county treasurer pursuant to this item which are not used for the provision of victim services at the end of the fiscal year may be used for the capital or operating needs of the judicial system."
B. For fiscal year 1997-98, each county's monthly disbursement under Section 14-1-207(B) must be reduced, unless the monthly disbursement made pursuant to Section 14-1-207(C)(1) through (C)(7) is equal to or greater than the disbursement made for the same month in fiscal year 1996-97. The reduction of the monthly disbursement to the county pursuant to Section 14-1-207(B) may not be any greater than the amount necessary to bring a monthly disbursement pursuant to Section 14-1-207(C)(1) through (C)(7) to the same amount as the same month in fiscal year 1996-97, and the total reduction of the disbursements to the county for the year pursuant to Section 14-1-207(B) for the fiscal year 1997-98 must not be any greater than the amount necessary to bring the total of the monthly disbursements for the year pursuant to Section 14-1-207(C)(1) through (C)(7) to the same amount as in fiscal year 1996-97. The monthly report by the county treasurer must show the amount forwarded to the State Treasurer for the same month in fiscal year 1996-97, the amount being retained by the county for the month, and the amount of adjustment, if any, made to the remittance to the State Treasurer pursuant to this provision.
Municipal court offense
SECTION 6. A. Section 14-1-208 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"Section 14-1-208. (A) Beginning January 1, 1995, and continuously after that date, a person who is convicted, or pleads guilty or nolo contendere to, or forfeits bond for an offense tried in municipal court must pay an amount equal to 64 percent of the fine imposed as an assessment. This assessment must be paid to the municipal clerk of court and deposited with the city treasurer for remittance to the State Treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.
(B) The city treasurer must remit 18.75 percent of the revenue generated by the assessment imposed in subsection (A) to the municipality to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.
(C) The State Treasurer shall deposit the assessments received as follows:
(1) 25.79 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2) 25.5 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;
(3) .67 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain the surplus for use in its law enforcement training programs;
(4) 19.06 percent for the State Office of Victim Assistance;
(5) 6.97 percent to the general fund;
(6) 19.38 percent to the Office of Indigent Defense for the defense of indigents;
(7) 1.63 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;
(8) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than one hundred thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution-related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year.
(D) The revenue retained by the municipality under subsection (B) must be used for the provision of services for the victims of crime including those required by law. Any funds retained by the city treasurer pursuant to this item which are not used for the provision of victim services at the end of the fiscal year may be used for the capital or operating needs of the judicial system."
B. For fiscal year 1997-98, each municipality's monthly disbursement under Section 14-1-208(B) must be reduced, unless the monthly disbursement made pursuant to Section 14-1-208(C)(1) through (C)(8) is equal to or greater than the disbursement made for the same month in fiscal year 1996-97. The reduction of the monthly disbursements to the municipality pursuant to Section 14-1-208(B) may not be any greater than the amount necessary to bring a monthly disbursement pursuant to Section 14-1-208(C)(1) through (C)(8) to the same amount as the same month in fiscal year 1996-97 and the total reduction of disbursements to the municipality for the year pursuant to Section 14-1-208(B) for the fiscal year 1997-98 must not be any greater than the amount necessary to bring the total of the monthly disbursements pursuant to Section 14-1-208(C)(1) through (C)(8) to the same amount for the year as in fiscal year 1996-97. The monthly report by the city treasurer must show the amount forwarded to the State Treasurer for the same month in fiscal year 1996-97, the amount being retained by the municipality for the month, and the amount of adjustment, if any, made to the remittance to the State Treasurer pursuant to this provision.
General sessions court surcharge
SECTION 7. The 1976 Code is amended by adding:
"Section 14-1-211. (A) In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions obtained in general sessions court and a twenty-five dollar surcharge is imposed on all convictions obtained in magistrate's and municipal court in this State. The surcharge must not be imposed on convictions for misdemeanor traffic offenses. However, the surcharge applies to all violations of Section 56-5-2930, driving under the influence of liquor, drugs, or like substances. No portion of the surcharge may be waived, reduced, or suspended.
(B) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction which heard or processed the case and paid to the city or county treasurer, for the purpose of providing services for the victims of crime, including those required by law. Any funds retained by the county or city treasurer pursuant to this subsection which are not used for the provision of victim services at the end of the fiscal year may be used for the capital and operating needs of the judicial system."
Severability clause
SECTION 8. If a provision of this act or the application of a provision of this act to a person or circumstance is held to be invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
Time effective
SECTION 9. Sections 1, 2, and 3 take effect on October 1, 1997. All other sections take effect on July 1, 1997.
Approved the 13th day of June, 1997.