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Bill 3373

                    Current Status

Bill Number:                      3373
Type of Legislation:              Joint Resolution JR
Introducing Body:                 House
Introduced Date:                  19990127
Primary Sponsor:                  Bales
All Sponsors:                     Bales, Scott, Hayes, J. Brown 
Drafted Document Number:          l:\council\bills\gjk\20164som99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Juvenile offenses on school grounds, 
                                  magistrates courts, pilot project; Crimes, 
                                  Minors, Supreme Court


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990127  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill

TO DIRECT THE SOUTH CAROLINA SUPREME COURT TO DEVELOP AND IMPLEMENT A PILOT PROJECT, WHICH WILL BEGIN JULY 1, 1999, AND END JUNE 30, 2001, AND TO BE CONDUCTED IN TWO JUDICIAL CIRCUITS WHICH THE COURT SELECTS, TO TRANSFER THE JURISDICTION OVER CERTAIN OFFENSES COMMITTED BY JUVENILES ON SCHOOL GROUNDS OR AT SCHOOL-SPONSORED EVENTS FROM THE FAMILY COURTS OF THOSE CIRCUITS TO THE MAGISTRATES' COURTS AND TO REQUIRE THE SUPREME COURT TO REPORT TO THE JUDICIARY COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON THE FINDINGS OF THIS PILOT PROJECT BY DECEMBER 31, 2001.

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

SECTION 1. (A) Notwithstanding other provisions of law including, but not limited to, Sections 20-7-400, 20-7-410, 20-7-420, 22-3-540, and 22-3-550, criminal jurisdiction over offenses enumerated in subsection (B) committed by juveniles under the age of seventeen on school grounds or at school-sponsored events is transferred from the family courts of two judicial circuits to be selected by the Supreme Court to the magistrates' courts in those circuits for the purpose of conducting a pilot project. The pilot project and the transfer of jurisdiction shall last for two years from July 1, 1999, until June 30, 2001. The pilot project shall be administered by the Supreme Court which shall involve the Division of Court Administration, the family courts, the magistrates, the law enforcement agencies, the solicitors' offices, the Department of Education, and the school boards of the chosen judicial circuits in the planning and coordination of this pilot project.

(B) The purpose of the pilot project is to adjudicate expeditiously, but with all established due process guarantees, the following offenses committed by juveniles under the age of seventeen on school grounds or at school-sponsored events:

(1) assault and battery including, but not limited to, assault and battery against school personnel (Section 16-3-612);

(2) extortion;

(3) bomb threats;

(4) possession, use, or transfer of dangerous weapons;

(5) vandalism;

(6) furnishing, selling, or possession of controlled substances;

(7) theft, possession or sale of stolen property; and

(8) sexual offenses.

(C) When jurisdiction is transferred from the family court to the magistrate's court, the magistrate's court shall have full authority and power to grant bail, hold a preliminary hearing, and any other powers as now provided by law. During this pilot project, magistrates also shall have the authority to transfer these cases to the circuit court in the same manner the family court may now do so as provided by law.

(D) The Supreme Court shall report to the Judiciary Committees of the Senate and the House of Representatives on this pilot project by December 31, 2001.

SECTION 2. This joint resolution takes effect upon approval by the Governor.

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