Download This Bill in Microsoft Word format

Bill 1058

                    Current Status

Bill Number:                      1058
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20000120
Primary Sponsor:                  Hutto
All Sponsors:                     Hutto
Drafted Document Number:          l:\s-jud\bills\hutto\jud0087.cbh.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Date of Last Amendment:           20000406
Subject:                          Juveniles, status offense; valid court 
                                  order defined; Courts, Family, Minors, 
                                  Juvenile Justice Department


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000412  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  20000411  Read third time, sent to House
Senate  20000406  Amended, read second time
Senate  20000405  Committee report: Favorable with       11 SJ
                  amendment
Senate  20000120  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
Revised on April 5, 2000 - Word format
Revised on April 6, 2000 - Word format

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

April 6, 2000

S. 1058

S. Printed 4/6/00--S.

Read the first time January 20, 2000.

TO AMEND SECTION 20-7-6605, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS IN THE JUVENILE JUSTICE CODE, SO AS TO DEFINE VALID COURT ORDER; TO AMEND SECTION 20-7-7810, RELATING TO COMMITMENT OF CHILDREN, SO AS TO PROVIDE THAT A CHILD WHO COMMITS A STATUS OFFENSE MAY BE COMMITTED TO THE CUSTODY OF A CORRECTIONAL INSTITUTION ONLY IF THE CHILD HAS BEEN FOUND IN CONTEMPT OF COURT OR HAS VIOLATED THE CONDITIONS OF PROBATION.

Amend Title To Conform

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

SECTION 1. Section 20-7-6605 of the 1976 Code is amended by adding a new item to read:

"(9) 'Valid court order' means an order, including a consent order, issued by the family court pertaining to a child over whom the court has jurisdiction and where the court has:

(a) ensured that the child has been afforded all due process rights guaranteed to child offenders; and

(b) received a written report from the appropriate state or local agency or public entity which has:

(1) reviewed the circumstances causing the child to be before the court; and

(2) made a recommendation as to disposition."

SECTION 2. Section 20-7-7810(F) of the 1976 Code is amended to read:

"(F) Notwithstanding subsections (A) and (E), a child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, a child who has been found in contempt of court for violation of a valid court order, as defined in Section 20-7-6605, related to a violation of law or other misconduct which would not be a criminal offense if committed by an adult, or a child who violates the conditions of probation for a violation of law or other misconduct which would not be a criminal offense if committed by an adult may be committed to the custody of a correctional institution operated by the Department of Juvenile Justice or to secure evaluation centers operated by the department for a determinate period not to exceed ninety days; however, a child committed under this section may not be confined with a child who has been determined by the department to be violent."

SECTION 3. This act takes effect upon approval by the Governor.

This web page was last updated on Wednesday, December 9, 2009 at 9:09 A.M.