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S. 789
STATUS INFORMATION
General Bill
Sponsors: Senator Fair
Document Path: l:\council\bills\nbd\11736ac05.doc
Introduced in the Senate on April 26, 2005
Currently residing in the Senate Committee on Judiciary
Summary: Youthful offenders
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/26/2005 Senate Introduced and read first time SJ-6
4/26/2005 Senate Referred to Committee on Judiciary SJ-6
5/2/2005 Senate Referred to Subcommittee: Hutto (ch), Jackson, Knotts,
Bryant
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND CHAPTER 1, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES BY ADDING SECTION 17-1-25, SO AS TO PROVIDE THAT AN INDIVIDUAL MAY NOT BE TRIED OR SENTENCED AS A YOUTHFUL OFFENDER IF THE INDIVIDUAL HAS ALLEGEDLY COMMITTED OR BEEN CONVICTED OF A VIOLENT CRIME, A CLASS A, B, C, OR D FELONY, ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE, CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, OR STALKING AND TO PROVIDE THAT AN INDIVIDUAL WHO IS SENTENCED AS A YOUTHFUL OFFENDER, CONTRARY TO THIS SECTION, MUST BE REFERRED TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES FOR PROPER DISPOSITION; AND TO AMEND SECTION 24-19-10, AS AMENDED, RELATING TO DEFINITION OF TERMS USED IN CONNECTION WITH THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO REVISE THE DEFINITION OF "YOUTHFUL OFFENDER" TO EXCLUDE OFFENDERS WHO HAVE COMMITTED CLASS D FELONIES, A FELONY WITH A MAXIMUM TERM OF MORE THAN TEN YEARS, ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE, CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, AND STALKING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 17 of the 1976 Code is amended to read:
"Section 17-1-25. (A) Notwithstanding any other provision of law, a judge may not try, or sentence, an individual as a youthful offender if the individual committed, or has been convicted of:
(1) a violent crime;
(2) a Class A, B, C, or D felony, as defined in Section 16-1-20;
(3) a felony which provides for a maximum term of imprisonment of more than ten years;
(4) assault and battery of a high and aggravated nature;
(5) criminal sexual conduct in the third degree;
(6) assault with intent to commit criminal sexual conduct in the third degree;
(7) stalking, as defined in Section 16-3-1730(B).
(B) If an individual is sentenced as a youthful offender, contrary to the provisions of subsection (A), the individual immediately must be referred to the Board of the Department of Probation, Parole and Pardon Services for disposition in accordance with rules adopted by the board."
SECTION 2. Section 24-19-10(d) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"(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:
(A) that is not:
(1) a violent crime, as defined in Section 16-1-60,;
(2) assault and battery of a high and aggravated nature;
(3) criminal sexual conduct in the third degree;
(4) assault with intent to commit criminal sexual conduct in the third degree;
(5) stalking, as defined in Section 16-3-1730(B); and
(B) that is:
(1) a misdemeanor, a Class D,;
(2) a Class E, or Class F felony, as defined in Section 16-1-20, ; or
(3) a felony which provides for a maximum term of imprisonment of fifteen ten years or less,; or
(ii) seventeen but less than twenty-five years of age at the time of conviction for an offense:
(A) that is not:
(1) a violent crime, as defined in Section 16-1-60,;
(2) assault and battery of a high and aggravated nature;
(3) criminal sexual conduct in the third degree;
(4) assault with intent to commit criminal sexual conduct in the third degree;
(5) stalking, as defined in Section 16-3-1730(B); and
(B) that is:
(1) a misdemeanor, a Class D,;
(2) a Class E, or Class F felony, as defined in Section 16-1-60; or
(3) a felony which provides for a maximum term of imprisonment of fifteen ten years or less."
SECTION 3. 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 4. This act takes effect upon approval by the Governor and applies to crimes committed after this act's effective date.
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