South Carolina General Assembly
114th Session, 2001-2002

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Bill 3218

Indicates Matter Stricken
Indicates New Matter

                    Current Status

Bill Number:                      3218
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010110
Primary Sponsor:                  Altman
All Sponsors:                     Altman
Drafted Document Number:          l:\council\bills\skb\18055som01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Solicitor's Certification Act of 2001, 
                                  Criminal case for trial, guilty verdict by 
                                  jury; Courts, Crimes and Offenses


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010110  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO ENACT THE "SOLICITOR'S CERTIFICATION ACT OF 2001" BY INCLUDING A PROVISION TO AMEND ARTICLE 3, CHAPTER 7, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOLICITORS, BY ADDING SECTION 1-7-345 SO AS TO REQUIRE THE SOLICITOR, BEFORE CALLING A CRIMINAL CASE FOR TRIAL, TO CERTIFY IN WRITING THAT IT IS THE SOLICITOR'S PROFESSIONAL OPINION THAT A JURY, UPON THE TRIAL OF THIS PARTICULAR CASE, WILL MORE LIKELY THAN NOT RETURN A VERDICT OF GUILTY, TO PROVIDE THE CERTIFICATION TO THE COURT AND COUNSEL FOR THE DEFENDANT, AND TO RECORD IT IN THE SOLICITOR'S OFFICE.

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

SECTION    1.    This act may be cited as the "Solicitor's Certification Act of 2001".

SECTION    2.    The 1976 Code is amended by adding:

    "Section    1-7-345.        (A)    Before calling a criminal case for trial, the solicitor shall certify in writing that it is the solicitor's professional opinion that a jury, upon the trial of this particular case, will more likely than not return a verdict of guilty.

    (B)    The solicitor shall provide the certification to the court and counsel for the defendant, and record it in the solicitor's office. The certification must not be referred to during the trial. The certification becomes a public record after the trial."

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

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