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Current Status Bill Number:View additional legislative information at the LPITS web site.5155 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20000530 Primary Sponsor:Barfield All Sponsors:Barfield Drafted Document Number:l:\council\bills\skb\18489som00.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Criminal trials, judge may call suspension sentence 'prayer for judgment continued', provisions; Courts, Crimes History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000530 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND CHAPTER 23, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCESS OF CRIMINAL TRIALS, SO AS TO ADD SECTION 17-23-85 AND PROVIDE A JUDGE WITH THE POWER TO SUSPEND THE IMPOSITION OF A SENTENCE, FOR A SPECIFIC PERIOD, WITH OR WITHOUT CONDITIONS, AND TO CALL THIS SUSPENSION OF A SENTENCE, "PRAYER FOR JUDGEMENT CONTINUED", AND TO PROVIDE THAT PRAYER FOR JUDGMENT CONTINUED WITHOUT CONDITIONS DOES NOT CONSTITUTE A JUDGMENT OR A CONVICTION AND IS NOT A PRIOR CONVICTION FOR PURPOSES OF SENTENCING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 17-23-85. Notwithstanding any other provision of law, a circuit judge, magistrate, or municipal judge has the authority to suspend the imposition of a sentence for a criminal offense for a specified period and with or without conditions attached. The suspension of the imposition of a sentence is known as a 'prayer for judgment continued'. The prayer for judgment continued upon payment of costs, without more, does not constitute the entry of judgment. If the judge sets no conditions, the consent of the defendants is not required for prayer for judgment continued. A prayer for judgment continued without any conditions does not constitute a judgment, conviction, or sentence and is not a prior conviction for purposes of sentencing. An unconditional prayer for judgment continued postpones sentencing by the judge, either to a future date specified by the judge, or indefinitely if no date is set. If the judge sets conditions such as a fine or imprisonment, the order is a final judgment and the court may not impose additional punishment. If the defendant violates the conditions of a prayer for judgment continued at any time after it is imposed, the state may file a motion that the court impose a sentence. A prayer for judgment is not probation since it does not involve a conviction or a suspended sentence. The judge may not require as a condition of prayer for judgment continued that the defendant be supervised by a probation officer."
SECTION 2. This act takes effect July 1, 2000, and applies to all offenses committed on or after that date.
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