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Bill 1078

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 10, 2002

    S. 1078

S. Printed 4/10/02--S.

Read the first time February 28, 2002.

    To whom was referred a Bill (S. 1078) to amend Section 16-25-90, as amended, Code of Laws of South Carolina, 1976, relating to conditions for early parole for certain offender victims of spousal abuse, 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 all after the enacting words and inserting therein the following:

    /    SECTION    1.    Section 16-25-90 of the 1976 Code, as last amended by Act 401 of 1998, is further amended to read:

    "Section 16-25-90.    Notwithstanding any provision of Chapters 13 and 21 of Title 24, and notwithstanding any other provision of law, an inmate who was convicted of, or pled guilty or nolo contendere to, an offense against a household member shall be eligible for parole after serving one-fourth of his prison term when the inmate at the time he pled guilty to, nolo contendere to, or was convicted of an offense against the household member, or in post-conviction proceedings pertaining to the plea or conviction, presented credible evidence of a history of criminal domestic violence, as provided in Section 16-25-20, suffered at the hands of the household member a person who is convicted of, or pleads guilty or nolo contendere to, an offense against a household member is eligible for parole after serving one-fourth of a sentence of imprisonment if the sentencing judge finds by a preponderance of the evidence and makes a factual finding on the record that the person suffered a history of criminal domestic violence, as provided in Chapter 25 of Title 16, inflicted by the household member and that the domestic violence contributed to the offense. The evidence must be presented at the plea hearing by a person pleading guilty or nolo contendere, and the judge must make a factual finding before the sentence is imposed. If the person is convicted at trial, the person may present evidence at the sentencing hearing or may rely on any evidence presented during the trial, and the judge must make a factual finding before the sentence is imposed. An attorney's failure to present evidence under this section is not grounds to grant post-conviction relief if the presiding judge at the post-conviction relief hearing determines that the person knowingly and voluntarily waived his right to present evidence under this section at the plea or trial. This section shall does not affect the provisions of Section 17-27-45."

    SECTION    2.    This act takes effect upon approval by the Governor and applies to a person being tried or pleading guilty or nolo contendere on or after the effective date of the act.    /

    Renumber sections to conform.

    Amend title to conform.

C. BRADLEY HUTTO for Committee.

EXPLANATION OF IMPACT:

    The Department of Probation, Parole and Pardon Services has determined this bill would not lead to any additional costs to the Agency as it would not affect the number of offenders under supervision. There would not be any fiscal impact on federal and/or other funds.

    Approved By:

    Don Addy

    Office of State Budget

TO AMEND SECTION 16-25-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS FOR EARLY PAROLE FOR CERTAIN OFFENDER VICTIMS OF SPOUSAL ABUSE, SO AS TO PROVIDE THAT THE OFFENDER MUST PRESENT EVIDENCE THAT CONVINCES THE SENTENCING JUDGE BY A PREPONDERANCE OF THE EVIDENCE IN ORDER TO BE ELIGIBLE FOR EARLY PAROLE AND TO MAKE CERTAIN OTHER CHANGES.

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

SECTION    1.    Section 16-25-90 of the 1976 Code, as last amended by Act 401 of 1998, is further amended to read:

    "Section 16-25-90.    Notwithstanding any provision of Chapters 13 and 21 of Title 24, and notwithstanding any other provision of law, an inmate who was convicted of, or pled guilty or nolo contendere to, an offense against a household member shall be eligible for parole after serving one-fourth of his prison term when the inmate at the time he pled guilty to, nolo contendere to, or was convicted of an offense against the household member, or in post-conviction proceedings pertaining to the plea or conviction, presented credible evidence of a history of criminal domestic violence, as provided in Section 16-25-20, suffered at the hands of the household member. a person who is convicted of, or pleads guilty or nolo contendere to, an offense against a household member is eligible for parole after serving one-fourth of a sentence of imprisonment if the sentencing judge makes a factual finding that the person was a victim of criminal domestic violence, as provided in Section 16-25-20, inflicted by the household member. The person must present evidence that convinces the sentencing judge by a preponderance of the evidence that the person suffered a history of domestic violence inflicted by the household member and the domestic violence contributed to the offense. The evidence must be presented at the plea hearing by a person pleading guilty or nolo contendere and the judge must make a factual finding before the sentence is imposed. If the person is convicted at trial, the person may present evidence at the sentencing hearing or may rely on any evidence presented during the trial and the judge must make a factual finding before the sentence is imposed. An attorney's failure to present evidence under this section is not grounds to grant post-conviction relief if the presiding judge determines that the person knowingly and voluntarily waived his right to present evidence under this section at the plea or trial. This section shall not affect the provisions of Section 17-27-45."

SECTION    2.    This act takes effect upon approval by the Governor.

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