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Current Status Bill Number:View additional legislative information at the LPITS web site.3045 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010109 Primary Sponsor:Harrison All Sponsors:Harrison, McGee, Altman, Jennings, Whipper Drafted Document Number:l:\council\bills\skb\18033som01.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Criminal cases, courts may reduce sentence when defendant aids in prosecution of another; Crimes and Offenses History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010109 Introduced, read first time, 25 HJ referred to Committee House 20001206 Prefiled, referred to Committee 25 HJ Versions of This Bill
TO AMEND ARTICLE 1, CHAPTER 25, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONVICTION AND SENTENCING OF CRIMINAL CASES, BY ADDING SECTION 17-25-65 SO AS TO PROVIDE, UPON THE STATE'S MOTION, THAT A COURT MAY REDUCE THE SENTENCE IMPOSED TO REFLECT A DEFENDANT'S SUBSEQUENT SUBSTANTIAL ASSISTANCE IN THE INVESTIGATION OR PROSECUTION OF ANOTHER PERSON AND TO PROVIDE THE COURT MAY REDUCE THE SENTENCE BELOW THE MINIMUM SENTENCE SET BY STATUTE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 17-25-65. (A) Upon motion made by the State:
(1) within one year of imposition of a sentence, the court may reduce a sentence to reflect a defendant's subsequent substantial assistance in investigating or prosecuting another person who has committed an offense; and
(2) one year or more after imposition of a sentence, the court may reduce a sentence to reflect a defendant's subsequent substantial assistance if that assistance involves information or evidence not known by the defendant until one year or more after the defendant's sentence was imposed.
(B) In evaluating whether substantial assistance has been rendered, the court may consider the defendant's pre-sentence assistance.
(C) Notwithstanding any other provision of law, this section authorizes the court to reduce a sentence to a level below that established by statute as a minimum sentence."
SECTION 2. This act takes effect upon approval by the Governor.
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