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H. 3802

STATUS INFORMATION

General Bill
Sponsors: Rep. Howard
Document Path: l:\council\bills\ms\7384ahb05.doc

Introduced in the House on March 29, 2005
Currently residing in the House Committee on Judiciary

Summary: Violent offenders

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   3/29/2005  House   Introduced and read first time HJ-12
   3/29/2005  House   Referred to Committee on Judiciary HJ-12

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/29/2005

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-70 SO AS TO PERMIT THE COURT TO ALLOW A PERSON CHARGED WITH A VIOLENT OFFENSE TO PARTICIPATE IN HIS TRIAL THROUGH THE USE OF TWO-WAY CLOSED CIRCUIT TELEVISION UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE A PROCEDURE FOR THE USE OF THE TWO-WAY CLOSED CIRCUIT TELEVISION.

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

SECTION    1.    Chapter 23, Title 17 of the 1976 Code is amended by adding:

"Section 17-23-70.    (A)    Notwithstanding the provisions of Section 17-23-60 or another provision of law, the court may require a defendant charged with a violent offense, as defined in Section 16-1-60, to participate in his trial via two-way closed circuit television if the court makes a case-specific finding of necessity and the court determines:

(1)    there is a substantial risk that the defendant will attempt to commit another violent offense based on his conduct in preliminary hearings or while awaiting trial; or

(2)    the defendant has threatened to harm the judge, jail or court personnel, a victim or member of a victim's family, or another person whether or not associated with the trial.

(B)    If the court requires the defendant to participate in his trial via two-way closed circuit television pursuant to the provisions of subsection (A), it must be operated in a manner which is the least restrictive of the defendant's right of confrontation. The defendant must be:

(1)    allowed to communicate with his attorney at all times through the use of headphones or other method of communication determined by the court to be appropriate; and

(2)    able to view the judge, jury, and witnesses without obstruction during the proceedings, and they must be able to view the defendant during the proceedings."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    3.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

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SECTION 4.    This act takes effect upon approval by the Governor.

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