South Carolina General Assembly
122nd Session, 2017-2018

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Indicates Matter Stricken
Indicates New Matter

S. 119

STATUS INFORMATION

General Bill
Sponsors: Senators Campsen and Hembree
Document Path: l:\council\bills\bh\7050ahb17.docx

Introduced in the Senate on January 10, 2017
Currently residing in the Senate Committee on Judiciary

Summary: Alteration, modification, or rescission of a court order

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/13/2016  Senate  Prefiled
  12/13/2016  Senate  Referred to Committee on Judiciary
   1/10/2017  Senate  Introduced and read first time (Senate Journal-page 69)
   1/10/2017  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 69)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/13/2016

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

A BILL

TO AMEND SECTION 17-25-326, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION, MODIFICATION, OR RESCISSION OF A COURT ORDER, SO AS TO PROVIDE THAT A COURT SHALL NOT ALTER, MODIFY, OR RESCIND A DEFENDANT'S CRIMINAL SENTENCE, UNLESS THE COURT HAS HELD A HEARING ALLOWING THE DEFENDANT, ATTORNEY GENERAL OR SOLICITOR, AND THE VICTIM TO TESTIFY REGARDING THE DECISION TO ALTER, MODIFY, OR RESCIND THE SENTENCE.

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

SECTION    1.    Section 17-25-326 of the 1976 Code is amended to read:

"Section 17-25-326.    (A)    Any A court order issued pursuant to the provisions of this article may be altered, modified, or rescinded upon the filing of a petition by the defendant, Attorney General, solicitor, or the victim for good and sufficient cause shown by a preponderance of the evidence.

(B)    A court shall not alter, modify, or rescind a defendant's criminal sentence, unless the court has held a hearing allowing the defendant, Attorney General or solicitor, and the victim to testify regarding the decision to alter, modify, or rescind the sentence. A court may deny a petition to alter, modify, or rescind a defendant's criminal sentence without a hearing."

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

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This web page was last updated on January 12, 2017 at 9:12 AM