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Indicates Matter Stricken
Indicates New Matter
H. 4342
STATUS INFORMATION
General Bill
Sponsors: Reps. Clemmons and G.M. Smith
Document Path: l:\council\bills\ms\7324ahb14.docx
Introduced in the House on January 14, 2014
Currently residing in the House Committee on Judiciary
Summary: Offenses Against Property
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/3/2013 House Prefiled 12/3/2013 House Referred to Committee on Judiciary 1/14/2014 House Introduced and read first time (House Journal-page 39) 1/14/2014 House Referred to Committee on Judiciary (House Journal-page 39)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-445 SO AS TO PROVIDE THAT AN APPEAL ON AN ORDER RULING ON THE APPLICABILITY OF THE CHAPTER REGARDING PROTECTION OF PERSONS AND PROPERTY MAY BE IMMEDIATELY TAKEN IN A CRIMINAL OR CIVIL CASE AND THE FILING OF THE APPEAL STAYS THE ACTION DURING THE PENDENCY OF THE APPEAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 6, Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-445. Notwithstanding any other provision of law, an appeal may be immediately taken of an order ruling on the applicability of this chapter by a trial court in a criminal or civil case. The filing of an appeal pursuant to this section immediately stays the action during the pendency of the appeal."
SECTION 2. 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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.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 3. This act takes effect upon approval by the Governor.
This web page was last updated on January 15, 2014 at 9:54 AM