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H. 3088

STATUS INFORMATION

General Bill
Sponsors: Reps. Harrison, Mahaffey and W.D. Smith
Document Path: l:\council\bills\ms\7043ahb05.doc

Introduced in the House on January 11, 2005
Currently residing in the House Committee on Judiciary

Summary: Provisions for the court to correct reduction of sentence

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/8/2004  House   Prefiled
   12/8/2004  House   Referred to Committee on Judiciary
   1/11/2005  House   Introduced and read first time HJ-76
   1/11/2005  House   Referred to Committee on Judiciary HJ-76
   1/25/2005  House   Member(s) request name added as sponsor: W.D.Smith

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/8/2004

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-65 SO AS TO PROVIDE THAT THE COURT MAY CORRECT, WITHIN SEVEN DAYS OF SENTENCING, A SENTENCE THAT RESULTED FROM ARITHMETICAL, TECHNICAL, OR OTHER CLEAR ERROR, AND TO PROVIDE THAT UPON MOTION OF THE STATE, A COURT MAY REDUCE A SENTENCE WHEN A DEFENDANT, AFTER SENTENCING, PROVIDES SUBSTANTIAL ASSISTANCE IN THE INVESTIGATION OR PROSECUTION OF ANOTHER PERSON AND TO PROVIDE THE COURT MAY REDUCE A SENTENCE BELOW THE MINIMUM SENTENCE SET BY LAW WHEN THE DEFENDANT PROVIDES SUBSTANTIAL ASSISTANCE AFTER SENTENCING.

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

SECTION    1.    Chapter 25, Title 17 of 1976 Code is amended by adding:

"Section 17-25-65.    (A) The court may correct, within seven days of sentencing, a sentence that resulted from arithmetical, technical, or other clear error.

(B)    Upon motion of the State:

(1)    within one year of sentencing, the court may reduce a sentence if the defendant, after sentencing, provides substantial assistance in investigating or prosecuting another person; and

(2)    one year or more after sentencing, the court may reduce a sentence if the defendant's substantial assistance involves information:

(a)    not known by the defendant until one year or more after the defendant's sentencing;

(b)    provided by the defendant to the State within one year of sentencing, but which did not become useful to the State until more than one year after sentencing; or

(c)    the usefulness of which could not reasonably be anticipated by the defendant until more than one year after sentencing and which he promptly provided to the State after its usefulness became reasonably apparent to him.

(C)    In evaluating whether the defendant has provided substantial assistance, the court may consider the presentence assistance of the defendant.

(D)    Notwithstanding another provision of law, this section authorizes the court to reduce a sentence below the minimum sentence established by law."

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

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