South Carolina General Assembly
116th Session, 2005-2006

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

H. 3298

STATUS INFORMATION

General Bill
Sponsors: Rep. W.D. Smith
Document Path: l:\council\bills\bbm\10517ahb05.doc

Introduced in the House on January 12, 2005
Currently residing in the House Committee on Judiciary

Summary: Waiver of presentment to the Grand Jury

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/12/2005  House   Introduced and read first time HJ-76
   1/12/2005  House   Referred to Committee on Judiciary HJ-76

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/12/2005

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

A BILL

TO AMEND SECTION 17-23-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WAIVER OF PRESENTMENT BY THE GRAND JURY, SO AS TO ALLOW THE DEFENDANT TO REQUEST THAT THE PRESIDING JUDGE ENTER ON THE RECORD HIS WAIVER OF THE PRESENTMENT TO THE GRAND JURY AT THE TIME OF HIS PLEA OF GUILTY.

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

SECTION    1.    Section 17-23-130 of the 1976 Code is amended to read:

"Section 17-23-130.    Upon receipt by the solicitor of the warrant forwarded to him pursuant to the provisions of Section 17-23-120, he may forthwith prepare a formal indictment as now provided by law in such these cases and shall return it to the clerk of court. The clerk of court shall then notify the sheriff or one of his duly authorized deputies to bring the defendant before the clerk at a time and place to be stated in the notice at which time the clerk shall have the defendant sign a waiver of the presentment by the grand jury and his plea of guilty or the defendant may request that the presiding judge enter on the record his verbal waiver of the presentment by the grand jury at the time of his plea of guilty; provided, that no a plea shall may not be entered or made under pursuant to this section except by and with the consent of the solicitor of the circuit after investigation by such the solicitor."

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

----XX----

This web page was last updated on Friday, December 4, 2009 at 3:40 P.M.