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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 16, 2003
S. 224
S. Printed 4/16/03--H.
Read the first time February 26, 2003.
To whom was referred a Bill (S. 224) to amend Section 24-19-10, Code of Laws of South Carolina, 1976, relating to the corrections and treatment of youthful offenders, so as to provide that a youthful offender, 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:
/SECTION 1. Section 24-19-10 of the 1976 Code, as last amended by Act 441 of 1996, is further amended to read:
"Section 24-19-10. As used herein:
(a) 'Department' means the Department of Corrections.
(b) 'Division' means the Youthful Offender Division.
(c) 'Director' means the Director of the Department of Corrections.
(d) 'Youthful offender' means an offender who is:
(i) under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-7605 for allegedly committing an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of less than fifteen years fifteen years or less, or
(ii) who is seventeen but less than twenty-five years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, or a felony which provides for a maximum term of imprisonment of fifteen years or less.
(e) 'Treatment' means corrective and preventive guidance and training designed to protect the public by correcting the antisocial tendencies of youthful offenders,; this may also include vocational and other training deemed fit considered appropriate and necessary by the Division division.
(f) 'Conviction' means a judgment in a verdict or finding of guilty, plea of guilty, or plea of nolo contendere to a criminal charge where the imprisonment may be is at least one year, but excluding all offenses in which the maximum punishment provided by law is death or life imprisonment."
SECTION 2. Article 5, Chapter 5, Title 40 of the 1976 Code is amended by adding:
"Section 40-5-390. In any criminal case, an attorney may charge a nonrefundable flat fee."
SECTION 3. This act takes effect upon approval by the Governor. /
Amend the bill, further, as and if amended, by striking the title and inserting:
/TO AMEND SECTION 24-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTIONS AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT THE TERM "YOUTHFUL OFFENDER" INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY; AND BY ADDING SECTION 40-5-390 SO AS TO PROVIDE THAT IN ANY CRIMINAL CASE AN ATTORNEY MAY CHARGE A NONREFUNDABLE FLAT FEE. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND SECTION 24-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTIONS AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT A YOUTHFUL OFFENDER INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 24-19-10 of the 1976 Code is amended to read:
"Section 24-19-10. As used herein:
(a) 'Department' means the Department of Corrections.
(b) 'Division' means the Youthful Offender Division.
(c) 'Director' means the Director of the Department of Corrections.
(d) 'Youthful offender' means an offender who is:
(i) under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-7605 for allegedly committing an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of less than fifteen years fifteen years or less, or
(ii) who is seventeen but less than twenty-five years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, or a felony which provides for a maximum term of imprisonment of fifteen years or less.
(e) 'Treatment' means corrective and preventive guidance and training designed to protect the public by correcting the antisocial tendencies of youthful offenders,; this may also include vocational and other training deemed fit considered appropriate and necessary by the Division division.
(f) 'Conviction' means a judgment in a verdict or finding of guilty, plea of guilty, or plea of nolo contendere to a criminal charge where the imprisonment may be is at least one year, but excluding all offenses in which the maximum punishment provided by law is death or life imprisonment."
SECTION 2. This act takes effect upon approval by the Governor.
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