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H. 4299
STATUS INFORMATION
General Bill
Sponsors: Reps. Clemmons, Altman, G.R. Smith, Loftis, Toole, Sandifer and Mahaffey
Document Path: l:\council\bills\ms\7019ahb06.doc
Introduced in the House on January 10, 2006
Currently residing in the House Committee on Judiciary
Summary: Post-conviction release
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 11/16/2005 House Prefiled 11/16/2005 House Referred to Committee on Judiciary 1/10/2006 House Introduced and read first time HJ-21 1/10/2006 House Referred to Committee on Judiciary HJ-22
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 17-27-65 SO AS TO PROVIDE THAT THE FILING OF A FRIVOLOUS APPLICATION FOR POST-CONVICTION RELIEF MAY RESULT IN THE INMATE'S LOSS OF GOOD TIME CREDITS EARNED IN ADDITION TO OTHER SANCTIONS THE COURT MAY IMPOSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 27, Title 17 of the 1976 Code is amended by adding:
"Section 17-27-65. (A) A prisoner whose application for post-conviction relief is determined by the court to be frivolous is subject to sanctions as provided in Section 15-36-10 and, in the discretion of the court, may be subject to the loss of good time credits earned as of the time that the court makes the finding that the application for post-conviction relief is frivolous.
(B) An attorney appointed by the court pursuant to the provisions of Section 17-27-60 is not subject to sanctions as provided in Section 15-36-10 relating to the filing of a frivolous claim for post-conviction relief for his client in accordance with the provisions of this chapter."
SECTION 2. This act takes effect upon approval by the Governor.
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