South Carolina General Assembly
123rd Session, 2019-2020

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Bill 3228


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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 THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-460 SO AS TO PROVIDE THAT AN ORDER CONCERNING IMMUNITY FROM PROSECUTION PURSUANT TO THE PROTECTION OF PERSONS AND PROPERTY ACT IS IMMEDIATELY APPEALABLE AND TO PROVIDE THAT A DEFENDANT WHO DOES NOT APPEAL THE ORDER IMMEDIATELY MAY APPEAL THE DENIAL AFTER CONVICTION AND SENTENCING.

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 16-11-460.    An order concerning a defendant's motion for immunity from prosecution pursuant to the provisions of this article is immediately appealable. A defendant who does not immediately appeal an order denying a request for immunity has nevertheless preserved the issue for appeal after conviction and sentencing."

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

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