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Sponsors: Rep. J.E. Smith
Document Path: l:\council\bills\swb\5975cm04.doc
Introduced in the House on May 6, 2004
Currently residing in the House Committee on Judiciary
Summary: Pardoned offense, review of during sentencing phase of a trial, provisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 5/6/2004 House Introduced and read first time HJ-112 5/6/2004 House Referred to Committee on Judiciary HJ-112
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-1005 SO AS TO PROVIDE THAT A PARDONED OFFENSE MAY BE REVIEWED BY A COURT DURING THE SENTENCING PHASE OF A TRIAL WHEN A DEFENDANT WHO WAS PARDONED FOR A VIOLENT CRIME AS CONTAINED IN SECTION 16-1-60 IS SUBSEQUENTLY CONVICTED OF ANOTHER VIOLENT CRIME AS CONTAINED IN SECTION 16-1-60; AND TO AMEND SECTION 24-21-221, AS AMENDED, RELATING TO NOTICE OF BOARD HEARINGS THAT THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES MUST GIVE TO CERTAIN PERSONS REGARDING PAROLE CONSIDERATIONS, SO AS TO PROVIDE THAT THIS NOTICE MUST ALSO BE GIVEN TO THESE PERSONS BEFORE THE BOARD CONSIDERS GRANTING A PARDON.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 21, Title 24 of the 1976 Code is amended by adding:
"Section 24-21-1005. Notwithstanding another provision of law, a pardoned offense may be reviewed by a court during the sentencing phase of a trial when a defendant who was pardoned for a violent crime as contained in Section 16-1-60 is subsequently convicted of another violent crime as contained in Section 16-1-60."
SECTION 2. Section 24-21-221 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-221. The director must give a thirty-day written notice of any board hearing during which the board will consider parole or pardon for a
prisoner person to the following persons:
(1) any victim of the crime who suffered damage to his person as a result
thereof of it or if such the victim is deceased, to members of his immediate family to the extent practicable;
(2) the solicitor who prosecuted the
prisoner person or his successor in the jurisdiction in which the crime was prosecuted; and
(3) the law enforcement agency that was responsible for the arrest of the
prisoner concerned person."
SECTION 3. This act takes effect upon approval by the Governor.
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