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COMMITTEE REPORT
April 4, 2001
H. 3697
S. Printed 4/4/01--H.
Read the first time March 12, 2001.
To whom was referred a Bill (H. 3697) to amend Section 17-3-310, Code of Laws of South Carolina, 1976, relating to the Commission on Indigent Defense, its membership and terms, 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 SECTION 1 in its entirety and inserting:
/ 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 and two must be private attorneys who primarily practice criminal defense law.
(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." /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
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.
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 three members recommended by the South Carolina Public Defender Association.
(2) The chairman of the House Judiciary Committee must appoint two attorneys 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 two attorneys 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 four 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 July 1, 2001, 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 July 1, 2001.
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