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COMMITTEE REPORT
May 3, 2006
H. 3343
Introduced by Reps. Hagood, Cotty, Harrison, Limehouse, Loftis, McLeod, Townsend, Merrill, Herbkersman, Pinson, Altman, Barfield, Battle, Branham, G. Brown, Cato, Ceips, Coleman, Davenport, Funderburk, Mack, McGee, Miller, J.H. Neal, Ott, Rivers, Scarborough, J.E. Smith, W.D. Smith and Young
S. Printed 5/3/06--H.
Read the first time January 25, 2005.
To whom was referred a Bill (H. 3343) to amend Chapter 22, Title 17, Code of Laws of South Carolina, 1976, relating to the pretrial intervention program by designating the existing sections as Article 1 and by, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by deleting SECTION 2 in its entirety, page 1, beginning on line 30, and inserting:
/ SECTION 2. Chapter 22, Title 17 of the 1976 Code is amended by adding:
Section 17-22-300. This article may be cited as the 'Traffic Diversion Program Act'.
Section 17-22-310. (A) Each circuit solicitor has the prosecutorial discretion as defined in this chapter and shall as a matter of prosecutorial discretion establish a traffic diversion program in the respective circuits for persons who commit traffic-related offenses that are punishable only by a fine and loss of four points or less.
(B) The circuit solicitors are specifically endowed with and retain all discretionary powers pursuant to the common law.
(C) A traffic diversion program must be under the direct supervision and control of the circuit solicitor; however, the solicitor may contract for services with a county or municipality in the circuit.
(D) The South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for the traffic diversion programs.
(E) A traffic diversion program must include a community service or an educational component, or both.
Section 17-22-320. (A) A person may be considered for a traffic diversion program if he has no prior traffic-related offenses on his record. A person may not participate in a traffic diversion program more than once.
(B) A person's participation in a traffic diversion program does not prevent his participation in a pretrial intervention program pursuant to the provisions and conditions of Article 1.
Section 17-22-330. (A) When a person successfully completes a traffic diversion program, the circuit solicitor shall effect a noncriminal disposition, as defined in this chapter, of the traffic-related offense, and there must be no record maintained of the traffic-related offense except by the appropriate traffic diversion program in order to ensure that a person does not benefit from the provisions of this article more than once.
(B) If applicable, the person may apply to the court for an order to destroy all official records relating to his arrest.
(C) If a person violates the conditions of a traffic diversion program, then the person may be terminated from the program and the traffic-related offense reinstated by the circuit solicitor in the appropriate municipality or county.
Section 17-22-340. Each circuit solicitor may establish an Office of Traffic Diversion Program Coordinator whose responsibility is to assist in the establishment and maintenance of the traffic diversion program.
Section 17-22-350. (A) A person shall pay a nonrefundable one hundred forty-dollar fee to apply for a traffic diversion program that cannot be reduced or suspended. Additionally, a person shall pay a nonrefundable fee, not to exceed one hundred forty dollars, to participate in a traffic diversion program. Participation in a traffic diversion program may not be denied due to a person's inability to pay. If a person is deemed unable to pay, both the application fee and the participation fee must be waived.
(B) For offenses that would have been otherwise tried in magistrate's court, the circuit solicitor shall retain the participation fees to support the traffic diversion program. The application fees must be remitted to the county treasurer. The county treasurer shall remit 9.17 percent of the revenue from the application fees to the county to be used for the purposes set forth in Section 14-1-207(D) and remit the balance of the revenue from the application fees to the State Treasurer's Office on a monthly basis, by the fifteenth day of each month, and make reports on a form and in a manner prescribed by the State Treasurer. Fees paid in installments must be remitted as received. The State Treasurer shall deposit the amounts received as follows:
(1) 23.62 percent to the Department of Probation, Parole and Pardon Services;
(2) 15.12 percent to the Department of Public Safety;
(3) .44 percent to the Department of Public Safety's South Carolina Law Enforcement Officers Hall of Fame;
(4) 13.73 percent to the State Office of Victim Assistance;
(5) 6.01 percent to the General Fund;
(6) 10.79 percent to the Office of Indigent Defense;
(7) 1.34 percent to the Attorney General's Office;
(8) .90 percent to the Department of Juvenile Justice Arbitration Program;
(9) .81 percent to the Department of Juvenile Justice Marine Institutes;
(10) .90 percent to the Department of Juvenile Justice Regional Status Offender Program;
(11) 3.95 percent to the Department of Juvenile Justice Coastal Evaluation Center;
(12) 6.74 percent to the Circuit Solicitors;
(13) 2.68 percent to the State Law Enforcement Division;
(14) 2.68 percent to the Department of Corrections;
(15) .67 percent to the Judicial Department;
(16) .28 percent to the Department of Natural Resources;
(17) .18 percent to the Office of Appellate Defense; and
(18) .02 percent to the Forestry Commission.
(C) For offenses that would have been otherwise tried in municipal court, the circuit solicitor shall retain the participation fees to support the traffic diversion program. The application fees must be remitted to the city treasurer. The city treasurer shall remit 9.17 percent of the revenue from the application fees to the municipality to be used for the purposes set forth in Section 14-1-208(D) and remit the balance of the revenues from the application fees to the State Treasurer's Office on a monthly basis, by the fifteenth day of each month, and make reports on a form and in a manner prescribed by the State Treasurer. Fees paid in installments must be remitted as received. The State Treasurer must deposit the amounts received as follows:
(1) 10.25 percent to the Department of Probation, Parole and Pardon Services;
(2) 10.13 percent to the Department of Public Safety;
(3) .26 percent to the Department of Public Safety's South Carolina Law Enforcement Officer's Hall of Fame;
(4) 7.57 percent to the State Office of Victim Assistance;
(5) 2.77 percent to the General Fund;
(6) 10.84 percent to the Office of Indigent Defense;
(7) 1.07 percent to the Attorney General's Office;
(8) .65 percent to the Department of Mental Health;
(9) 7.64 percent for the programs established pursuant to Section 56-5-2953(E);
(10) 9.93 percent to the Governor's Task Force on Litter;
(11) 9.93 percent to the Department of Juvenile Justice;
(12) .90 percent to the Department of Juvenile Justice Arbitration Program;
(13) .81 percent to the Department of Juvenile Justice Marine Institutes;
(14) .90 percent to the Department of Juvenile Justice Regional Status Offender Program;
(15) 3.95 percent to the Department of Juvenile Justice Coastal Evaluation Center;
(16) 6.74 percent to the Circuit Solicitors;
(17) 2.68 percent to the State Law Enforcement Division;
(18) 2.68 percent to the Department of Corrections;
(19) .67 percent to the Judicial Department;
(20) .28 percent to the Department of Natural Resources;
(21) .18 percent to the Office of Appellate Defense; and
(22) .02 percent to the Forestry Commission.
Section 17-22-360. Each circuit solicitor shall submit a traffic diversion program annual report, by the first day of August, to the Commission on Prosecution Coordination providing the total number of participants by original traffic-related offenses, the total number of participants that successfully completed the traffic diversion program, the total amount of fees collected, and the total revenue remitted to the municipalities, counties, and State Treasurer's Office for the state's fiscal year. The Commission on Prosecution Coordination may establish additional guidelines for the annual reports. The annual reports must be made available, upon request, to the Judicial Department and to the entities contained in Section 17-22-350(B) and (C).
Section 17-22-370. Each circuit solicitor shall submit to the Commission on Prosecution Coordination necessary identifying information on each participant for the creation and maintenance of a list of participants in traffic diversion programs. This list is to be used by the commission for the sole purpose of complying with Section 17-22-320(A). The information collected by the commission only may be released to a circuit solicitor for the purpose of determining eligibility for a traffic diversion program." Amend the bill further, as and if amended, page 3, by striking SECTION 4 in its entirety and inserting:
/ SECTION 4. This act takes effect upon approval by the Governor. All circuit solicitors shall have a traffic diversion program in effect by July 1, 2007, and no person shall have the right to apply to the program until the program is established. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO CREATE THE TRAFFIC DIVERSION PROGRAM, TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR LOSS OF POINTS, TO PROVIDE THAT THE APPROPRIATE MUNICIPALITY OR COUNTY IS AUTHORIZED TO CREATE A PROGRAM WITH THE APPROVAL OF THE SOLICITOR, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.
SECTION 1. Sections 17-22-10 through 17-22-170 of the 1976 Code are designated as Article 1 of Chapter 22, Title 17.
SECTION 2. The 1976 Code is amended by adding:
Section 17-22-300. This article may be cited as the 'Traffic Diversion Program Act'.
Section 17-22-310. (A) Notwithstanding another provision of law, each circuit solicitor has the prosecutorial discretion, as defined in this chapter, to establish and administer a traffic diversion program for persons who commit traffic-related offenses which are punishable only by a fine or loss of points.
(B) If a circuit solicitor chooses not to establish a traffic diversion program in his circuit, with his approval the appropriate municipality or county is authorized to establish and administer a traffic diversion program.
(C) A traffic diversion program must include a community service or an educational component, or both.
Section 17-22-320. (A) A person may be considered for a traffic diversion program if he has no significant prior traffic-related offenses on his record. A person may not participate in the traffic diversion program more than once.
(B) A person's participation in the traffic diversion program does not prevent his participation in the pretrial intervention program pursuant to the provisions and conditions of Article 1.
Section 17-22-330. (A) When a person successfully completes a traffic diversion program, the circuit solicitor or his designee in the appropriate municipality or county shall effect a noncriminal disposition, as defined in this chapter, of the traffic-related offense and there may be no record maintained of the traffic-related offense except by the appropriate traffic diversion program in order to ensure that a person does not take advantage of the provisions of this article more than once.
(B) If applicable, the offender may apply to the court for an order to destroy all official records relating to his arrest.
(C) If a person violates the conditions of a traffic diversion program, the person may be terminated from the program and the traffic-related offense reinstated by the circuit solicitor or his designee in the appropriate municipality or county.
Section 17-22-340. Each circuit solicitor, or if designated by the circuit solicitor pursuant to Section 17-22-310(B), a municipality, or county, as appropriate, may establish its own Office of Traffic Diversion Program Coordinator whose responsibility is to assist in the establishment and maintenance of the program.
Section 17-22-350. A person shall pay a nonrefundable fee for this program. A person may not be charged an amount exceeding one hundred fifty dollars for participation in this program; however, services may not be denied due to a person's inability to pay."
SECTION 3. The Code Commissioner is authorized to change references in Article 1, Chapter 22, Title 17, as provided in SECTION 1, from "chapter" to "article" as appropriate.
SECTION 4. This act takes effect upon approval by the Governor.
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