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COMMITTEE REPORT
April 19, 2000
H. 4677
S. Printed 4/19/00--H.
Read the first time February 24, 2000.
To whom was referred a Bill (H. 4677), to amend Section 17-3-310, Code of Laws of South Carolina, 1976, relating to the Commission on Indigent Defense, its membership and terms, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 17-3-310(A) of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"(A) There is created the Commission on Indigent Defense consisting of seven members. appointed by the Governor on the recommendation of the South Carolina Public Defender Association as follows:
(1) one from each congressional district; and
(2) one from the State at large who shall serve as chairman.
(1) The Governor must appoint six members as follows:
(a) three members recommended by the South Carolina Public Defender Association; and
(b) three members recommended by the South Carolina Bar Association from the general membership of attorneys licensed to practice law in the State. The Governor may not appoint an individual to one of these seats who is currently a public defender or solicitor.
(2) The Chief Justice of the South Carolina Supreme Court must appoint one member in his discretion.
(3) The membership of the Commission shall elect a chairman by majority vote. The chairman shall serve a term of two years.
(4) Members shall serve for terms of four years and until their successors are appointed and qualify except that of those first appointed, to represent the first, third, and fifth congressional districts shall serve for a two-year term two of the appointees recommended by the Public Defender Association and two of the appointees recommended by the Bar Association must be appointed for initial two-year terms. The other three appointees shall serve initial four-year terms. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. No person may be appointed to the commission or, once appointed, may continue to serve on the commission unless the person is a public defender." /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON, for Committee.
TO AMEND SECTION 17-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION ON JULY 1, 2000, WITH NINE INSTEAD OF SEVEN MEMBERS, TO HAVE FOUR MEMBERS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE PUBLIC DEFENDERS ASSOCIATION AND FIVE MEMBERS APPOINTED BY THE GOVERNOR FROM THE GENERAL MEMBERSHIP OF ATTORNEYS LICENSED TO PRACTICE LAW IN THIS STATE, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2000.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-3-310(A) of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"(A) There is created the Commission on Indigent Defense consisting of seven nine members appointed by the Governor. Four members must be appointed on the recommendation of the South Carolina Public Defender Association. as follows: Five members must be appointed from the general membership of attorneys licensed to practice law in this State. The Governor may request recommendations for appointees from the South Carolina Trial Lawyers Association, the South Carolina Bar Association, and the South Carolina Association of Defense Lawyers. The Governor may not appoint an individual to one of these seats who is currently a public defender or solicitor. The Governor shall designate the chairman who shall serve a term of two years.
(1) one from each congressional district; and
(2) one from the State at large who shall serve as chairman.
Members shall serve for terms of four years and until their successors are appointed and qualify except that of those first appointed, two of the appointees recommended by the Public Defenders Association and two of the appointees recommended by the private bar must be appointed for initial two-year terms. The other five appointees shall serve initial four-year terms. to represent the first, third, and fifth congressional districts shall serve for a two-year term. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. No person may be appointed to the commission or, once appointed, may continue to serve on the commission unless the person is a public defender."
SECTION 2. The terms of office of the present members of the Commission on Indigent Defense expire on July 1, 2000, at which time the newly appointed members of the Commission appointed in the manner provided by Section 17-3-310 as amended by this act shall assume office.
SECTION 3. This act takes effect July 1, 2000.
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