South Carolina General Assembly
114th Session, 2001-2002

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Bill 3159


Indicates Matter Stricken
Indicates New Matter


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


Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 25, 2001

    H. 3159

Introduced by Reps. Fleming and Altman

S. Printed 4/25/01--S.    [SEC 4/27/01 12:42 PM]

Read the first time February 21, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (H. 3159) to amend Section 7-5-120, as amended, Code of Laws of South Carolina, 1976, relating to qualifications and disqualifications for registration to vote, etc., respectfully

REPORT:

    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 7-5-120(B) of the 1976 Code is amended to read:

    "(B)    A person is disqualified from being registered or voting if he:

        (1)    is mentally incompetent as adjudicated by a court of competent jurisdiction; or

        (2)    is serving a term of imprisonment resulting from a conviction of a crime; or

        (3)    is convicted of murder, as defined in Section 16-3-10, unless the disqualification has been removed by pardon;

        (4)    is convicted of a violent crime, as defined in Section 16-1-60, except for murder, unless the disqualification has been removed by pardon or fifteen years or more has passed after the completion date of service of the sentence, including probation and parole time;

        (5)    is convicted of an offense against the election laws, unless the disqualification has been removed by pardon or fifteen years or more have passed after the completion date of service of the sentence, including probation and parole time; or

        (6)    is convicted of a any other felony or offenses against the election laws, unless the disqualification has been removed by service of the sentence, including probation and parole time unless sooner pardoned."

    SECTION    2.    If any section, or provision of this act is held by a court of competent jurisdiction to be unconstitutional or invalid, it does not affect the remaining provisions of this act and all provisions of this act are hereby declared to be severable from other provisions.

    SECTION    3.    This act takes effect upon approval by the Governor and applies to those persons convicted of violent crimes, as defined in Section 16-1-60, except for murder as defined in Section 16-3-10, committed on or after the effective date. This act applies retroactively to offenses against the election laws and the offense of murder as defined in Section 16-3-10. /

    Renumber sections to conform.

    Amend title to conform.

Majority favorable.    Minority unfavorable.

ADDISON G. WILSON    ROBERT FORD

For Majority.    For Minority.

            

A BILL

TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO SUBSTITUTE A PARDON FOR THE SERVICE OF A SENTENCE AS AN EXCEPTION TO DISQUALIFICATION FROM BEING REGISTERED TO VOTE.

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

SECTION    1.    Section 7-5-120(B) of the 1976 Code, as last amended by Act 365 of 1994, is further amended to read:

    "(B)    A person is disqualified from being registered or voting if he:

        (1)    is mentally incompetent as adjudicated by a court of competent jurisdiction; or

        (2)    is serving a term of imprisonment resulting from a conviction of a crime; or

        (3)    is convicted of a violent crime, as defined in section 16-1-60, or offenses against the election laws, unless the disqualification has been removed by pardon; or

        (3)(4)    is convicted of a any other felony or offenses against the election laws, unless the disqualification has been removed by service of the sentence, including probation and parole time unless sooner pardoned pardon or fifteen years or more has passed after the completion date of service of the sentence, including probation and parole time."

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

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