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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.
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