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Bill 3697

                    Current Status

Bill Number:                      3697
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010312
Primary Sponsor:                  Harrison
All Sponsors:                     Harrison
Drafted Document Number:          l:\council\bills\skb\18256som01.doc
Residing Body:                    House
Current Committee:                Conference Committee 98 HCC
Date of Last Amendment:           20020508
Subject:                          Indigent Defense Commission 
                                  reconstituted, membership and terms of; 
                                  Attorneys, Courts, Indigents


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20020521  Conference Committee Appointed         98 HCC  Harrison
                                                                 Taylor
                                                                 F.N. Smith
Senate  20020516  Conference Committee Appointed         88 SCC  Alexander
                                                                 Hutto
                                                                 Kuhn
House   20020516  Non-concurrence in Senate amendment
House   20020515  Debate adjourned until
                  Thursday, 20020516
Senate  20020508  Amended, read third time, 
                  returned to House with amendment
Senate  20020425  Amended, read second time
Senate  20020424  Committee report: Favorable with       11 SJ
                  amendment
Senate  20010417  Introduced, read first time,           11 SJ
                  referred to Committee
House   20010412  Read third time, sent to Senate
House   20010411  Amended, read second time, 
                  unanimous consent for third reading 
                  on Thursday, 20010412
------  20010405  Scrivener's error corrected
House   20010404  Committee report: Favorable with       25 HJ
                  amendment
House   20010312  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on April 4, 2001 - Word format
Revised on April 5, 2001 - Word format
Revised on April 11, 2001 - Word format
Revised on April 24, 2002 - Word format
Revised on April 25, 2002 - Word format
Revised on May 8, 2002 - Word format

Indicates Matter Stricken

Indicates New Matter

AS PASSED BY THE SENATE

May 8, 2002

    H. 3697

S. Printed 5/8/02--S.

Read the first time April 17, 2001.

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 MEMBERSHIP ON JULY 1, 2001, WITH THREE MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION AND FOUR MEMBERS APPOINTED BY THE CHAIRMEN OF THE HOUSE AND SENATE JUDICIARY COMMITTEES, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2001.

    Amend Title To Conform

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 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 five members recommended by the South Carolina Public Defender Association. Of these five members, three must be public defenders, of whom at least one must be a part-time public defender, and two must be private attorneys who primarily practice criminal defense law. Of these five members, no more than one member may be from each congressional district.

        (2)        The chairman of the House Judiciary Committee must appoint one attorney in private practice from the general membership of attorneys licensed to practice law in the State.

        (3)        The chairman of the Senate Judiciary Committee must appoint one attorney in private practice from the general membership of attorneys licensed to practice law in the State.

        (4)        The membership of the commission shall elect a chairman by majority vote. The chairman shall serve a term of two years.

        (5)        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 the appointees recommended by the Public Defender Association must be appointed for initial two-year terms. The other two 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."

SECTION    2.    The terms of office of the present members of the Commission on Indigent Defense expire on October 1, 2002, 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 October 1, 2002.

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