South Carolina General Assembly
123rd Session, 2019-2020

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

S. 94

STATUS INFORMATION

General Bill
Sponsors: Senator Campsen
Document Path: l:\s-res\gec\001paro.kmm.gec.docx

Introduced in the Senate on January 8, 2019
Currently residing in the Senate

Summary: Electronic information

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/12/2018  Senate  Prefiled
  12/12/2018  Senate  Referred to Committee on Corrections and Penology
    1/8/2019  Senate  Introduced and read first time (Senate Journal-page 83)
    1/8/2019  Senate  Referred to Committee on Corrections and Penology 
                        (Senate Journal-page 83)
   1/16/2019  Senate  Polled out of committee Corrections and Penology 
                        (Senate Journal-page 6)
   1/16/2019  Senate  Committee report: Favorable Corrections and Penology 
                        (Senate Journal-page 6)
   1/17/2019          Scrivener's error corrected

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/12/2018
1/16/2019
1/17/2019

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

Indicates Matter Stricken

Indicates New Matter

POLLED OUT OF COMMITTEE

MAJORITY FAVORABLE

January 16, 2019

S. 94

Introduced by Senator Campsen

S. Printed 1/16/19--S.    [SEC 1/17/19 11:18 AM]

Read the first time January 8, 2019.

            

THE COMMITTEE ON CORRECTIONS AND PENOLOGY

To whom was referred a Bill (S. 94) to amend Section 24-21-710 of the 1976 Code, relating to film, videotape, or other electronic information that may be considered by the Board of Probation, etc., respectfully

REPORT:

Has polled the Bill out majority favorable.

A BILL

TO AMEND SECTION 24-21-710 OF THE 1976 CODE, RELATING TO FILM, VIDEOTAPE, OR OTHER ELECTRONIC INFORMATION THAT MAY BE CONSIDERED BY THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES IN PAROLE DETERMINATION, TO PROVIDE THAT THE VICTIM OF A CRIME'S IMMEDIATE FAMILY MAY SUBMIT FILM, VIDEOTAPE, OR WRITTEN OR OTHER ELECTRONIC INFORMATION, TO PROVIDE THAT ANY FILM, VIDEOTAPE, OR WRITTEN OR OTHER ELECTRONIC INFORMATION SUBMITTED BY THE VICTIM OR THE VICTIM'S IMMEDIATE FAMILY MUST BE RETAINED BY THE BOARD AND MUST BE SUBMITTED AT SUBSEQUENT PAROLE HEARINGS UNLESS THE SUBMITTING PERSON PROVIDES A WRITTEN STATEMENT DECLARING THAT THE INFORMATION NO LONGER REPRESENTS THE PRESENT POSITION OF THE PERSON, AND TO PROVIDE THAT FILM, VIDEOTAPE, OR WRITTEN OR OTHER ELECTRONIC INFORMATION SUBMITTED BY THE PROSECUTING SOLICITOR'S OFFICE OR THE PERSON WHOSE PAROLE IS BEING CONSIDERED MAY BE SUBMITTED AT SUBSEQUENT PAROLE HEARINGS EACH TIME THE SUBMITTING OFFICE OR PERSON PROVIDES A WRITTEN STATEMENT DECLARING THAT THE INFORMATION REPRESENTS THE PRESENT POSITION OF THE OFFICE OR PERSON; AND TO AMEND SECTION 30-4-40(a) OF THE 1976 CODE, RELATING TO MATTERS EXEMPT FROM DISCLOSURE, TO PROVIDE THAT A PUBLIC BODY MAY EXEMPT FROM DISCLOSURE FILM, VIDEOTAPE, OR WRITTEN OR OTHER ELECTRONIC INFORMATION SUBMITTED BY THE VICTIM OF A CRIME FOR WHICH A PRISONER HAS BEEN SENTENCED OR BY THE VICTIM'S IMMEDIATE FAMILY.

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

SECTION    1.    Section 24-21-710 of the 1976 Code is amended to read:

"Section 24-21-710.    (A)    Film, videotape, or written or other electronic information that is both visual and aural, submitted pursuant to this section, must be considered by the Board of Probation, Parole and Pardon Services in making its determination of parole.

(B)    Upon receipt of the notice required by law this chapter, the following people may submit film, videotape, or written or other electronic information:

(1)    the victim of the crime, as defined in Section 16-3-1510, for which the prisoner has been sentenced;

(2)    the victim's immediate family;

(3)    the prosecuting solicitor's office; and

(3)(4)    the person whose parole is being considered.

(C)    The A person submitting the electronic information shall provide the Board of Probation, Parole and Pardon Services with the following, if applicable:

(1)    identification of each voice heard and each person seen;

(2)    a visual or aural statement of the date the information was recorded; and

(3)    the name of the person whose parole eligibility is being considered.

(D)(1)    If the film Film, videotape, or written or other electronic information submitted pursuant to subsections (B)(1) and (2) of this section is must be retained by the board, it may be and submitted at subsequent parole hearings, each time that unless the submitting person provides a written statement declaring that the information no longer represents the present position of the person who is submitting the information.

(2)    Film, videotape, or written or other electronic information submitted pursuant to subsections (B)(3) and (4) of this section may be submitted at subsequent parole hearings each time the submitting office or person provides a written statement declaring that the information represents the present position of the office or person.

(E)    The Department of Corrections may install, maintain, and operate a two-way closed circuit television system in one or more correctional institutions of the department that confines persons eligible for parole. The Board of Probation, Parole and Pardon Services shall install, maintain, and operate closed circuit television systems at locations determined by the board and conduct parole hearings by means of a two-way closed circuit television system provided in this section. A victim of a crime must be allowed access to this system to appear before the board during a parole hearing.

(F)    Nothing in this section shall be construed to prohibit submission of information in other forms as provided by law.

(G)    The Director of the Department of Probation, Parole and Pardon Services may develop written policies and procedures for parole hearings to be held pursuant to this section.

(H)    The Board of Probation, Parole and Pardon Services is not required to install, maintain, or operate film, videotape, or other electronic equipment to record a victim's testimony to be presented to the board."

SECTION    2.    Section 30-4-40(a) of the 1976 Code is amended by adding an appropriately numbered new item to read:

"(    )    Film, videotape, or written or other electronic information submitted pursuant to Section 24-21-710 by the victim of a crime for which a prisoner has been sentenced or by the victim's immediate family."

SECTION    3.    This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on January 17, 2019 at 11:21 AM