South Carolina General Assembly
117th Session, 2007-2008

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Bill 4309


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Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 24-13-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "NO PAROLE OFFENSE", SO AS TO REVISE ITS DEFINITION TO INCLUDE CLASS D, E, AND F FELONIES, OFFENSES CLASSIFIED AS EXEMPT WHICH ARE PUNISHABLE BY A MAXIMUM TERM OF IMPRISONMENT FOR AT LEAST ONE YEAR, AND CLASS A AND B MISDEMEANORS, TO PROVIDE THAT A PERSON WHO IS FOUND GUILTY OF, PLEADS GUILTY TO, OR PLEADS NOLO CONTENDRE TO A "NO PAROLE OFFENSE" IS ELIGIBLE FOR EARLY RELEASE FROM INCARCERATION UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION DO NOT AFFECT THE PROVISIONS CONTAINED IN THE YOUTHFUL OFFENDER ACT.

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

SECTION    1.    Section 24-13-100 of the 1976 code is amended to read:

"Section 24-13-100.    (A)    For purposes of definition under South Carolina law, a 'no parole offense' means a class A, B, or C, D, E, or F felony, or an offense exempt from classification as enumerated in Section 16-1-10(d), which is punishable by a maximum term of imprisonment for twenty years one year or more, or a class A or B misdemeanor.

(B)    A person who is found guilty of, pleads guilty to, or pleads nolo contendre to a 'no parole offense' as defined in section (A) is not eligible for early release from incarceration except as provided by Section 24-13-210(B). Nothing in this section may be construed to amend, repeal, or affect the Youthful Offender Act contained in Chapter 19 of Title 24."

SECTION    2.    This act takes effect upon approval by the Governor.

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