Bill 863

                    Current Status

Bill Number:                    863
Ratification Number:            413
Act Number:                     401
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19980114
Primary Sponsor:                Holland 
All Sponsors:                   Holland, Washington and Short
                                
Drafted Document Number:        jud9013.dhh
Date Bill Passed both Bodies:   19980603
Date of Last Amendment:         19980602
Governor's Action:              U Became law without signature of
                                Governor
Date of Governor's Action:      19980611
Subject:                        Criminal domestic violence,
                                Domestic Relation; Prisoner, early
                                parole for inmate, filing for
                                post-conviction relief

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19980630  Act No. A401
------  19980611  Unsigned, became law without
                  signature of Governor
------  19980604  Ratified R413
Senate  19980603  Concurred in House amendment,
                  enrolled for ratification
House   19980603  Read third time, returned to Senate
                  with amendment
House   19980602  Read second time
House   19980602  Amended
House   19980527  Committee report: Favorable with         25 HJ
                  amendment
House   19980218  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19980217  Read third time, sent to House
Senate  19980212  Read second time
Senate  19980212  Committee amendment adopted
Senate  19980211  Committee report: Favorable with         11 SJ
                  amendment
Senate  19980114  Introduced, read first time,             11 SJ
                  referred to Committee
Senate  19971215  Prefiled, referred to Committee          11 SJ

(A401, R413, S863)

AN ACT TO AMEND SECTION 16-25-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS FOR EARLY PAROLE FOR CERTAIN OFFENDER VICTIMS OF SPOUSAL ABUSE, SO AS TO PROVIDE THAT AN INMATE WHO IS SENTENCED FOR AN OFFENSE AGAINST A HOUSEHOLD MEMBER AND PRESENTS EVIDENCE OF CRIMINAL DOMESTIC VIOLENCE SUFFERED AT THE HANDS OF THE HOUSEHOLD MEMBER WHEN HE WAS CONVICTED OF, OR PLED GUILTY OR NOLO CONTENDERE TO THE OFFENSE OR IN POST-CONVICTION PROCEEDINGS PERTAINING TO THE PLEA OR CONVICTION IS ELIGIBLE FOR PAROLE AFTER SERVING ONE-FOURTH OF HIS TERM, AND TO PROVIDE THAT THIS PROVISION DOES NOT EFFECT THE FILING PROCEDURES FOR POST-CONVICTION RELIEF APPLICATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Eligibility for parole

SECTION 1. Section 16-25-90 of the 1976 Code, as added by Act 7 of 1995, is amended to read:

Section 16-25-90. Notwithstanding any provision of Chapters 13 and 21 of Title 24, and notwithstanding any other provision of law, an inmate who was convicted of, or pled guilty or nolo contendere to, an offense against a household member shall be eligible for parole after serving one-fourth of his prison term when the inmate at the time he pled guilty to, nolo contendere to, or was convicted of an offense against the household member, or in post-conviction proceedings pertaining to the plea or conviction, presented credible evidence of a history of criminal domestic violence, as provided in Section 16-25-20, suffered at the hands of the household member. This section shall not affect the provisions of Section 17-27-45.

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Became law without the signature of the Governor -- 06/11/98.