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Committee Report

April 29, 2025

 

H. 3910

 

Introduced by Reps. Davis, G. M. Smith and B. J. Cox

 

S. Printed 4/29/25--S.

Read the first time April 10, 2025

 

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The committee on Senate Judiciary

To whom was referred a Bill (H. 3910) to amend the South Carolina Code of Laws by amending Sections 3-1-150 and 63-3-510, relating to jurisdiction over certain lands relinquished by the United States, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 3-1-150(B)(1) and inserting:

    (B)(1) Notwithstanding any other provision of this title, the State shall exercise concurrent jurisdiction with the United States over aany military installation of the United States Department of Defense located or established within the State in the matter relating to a violation of federal law by a juvenile within the boundaries of that military installation if:

           (a) the United States Attorney, or the United States District Court, for the applicable district in South Carolina, waives exclusive jurisdiction; and

           (b) the violation of federal law is also a crime or infraction under state law.

Amend the bill further, SECTION 1, Section 3-1-150, by adding a subsection to read:

    (C) Upon the establishment of concurrent jurisdiction, any state or local agency may enter into a reciprocal agreement with any agency of the United States for coordination and designation of responsibilities related to the concurrent jurisdiction.

Amend the bill further, SECTION 2, by striking Section 63-3-510(5) and inserting:

    (5) When concurrent jurisdiction has been established pursuant to Section 3-1-150(B), the court has exclusive original jurisdiction over any case involving a juvenile who is alleged to be delinquent as the result of an act committed within the boundaries of a military installation that is a crime or infraction under state law., except as provided in Section 63-19-1210 as it relates to waiver procedures to the circuit court.

Renumber sections to conform.

Amend title to conform.

 

LUKE RANKIN for Committee.

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 3-1-150 AND 63-3-510, RELATING TO JURISDICTION OVER CERTAIN LANDS RELINQUISHED BY THE UNITED STATES AND THE EXCLUSIVE ORIGINAL JURISDICTION OF THE FAMILY COURT, RESPECTIVELY, BOTH SO AS TO PROVIDE FOR CONCURRENT JURISDICTION WITH THE UNITED STATES IN CERTAIN MATTERS INVOLVING JUVENILES WITHIN A MILITARY INSTALLATION.

 

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

 

SECTION 1.  Section 3-1-150 of the S.C. Code is amended to read:

 

    Section 3-1-150. (A)(1) Whenever a duly authorized official or agent of the United States, acting pursuant to authority conferred by the Congress, notifies the State Fiscal Accountability Authority or any other State official, department or agency, that the United States desires or is willing to relinquish to the State the jurisdiction, or a portion thereof, held by the United States over the lands designated in such notice, the State Fiscal Accountability Authority may, in its discretion, accept such relinquishment. Such acceptance may be made by sending a notice of acceptance to the official or agent designated by the United States to receive such notice of acceptance. The State Fiscal Accountability Authority shall send a signed copy of the notice of acceptance, together with the notice of relinquishment received from the United States, to the Secretary of State, who shall maintain a permanent file of the notices.

        (2) Upon the sending of the notice of acceptance to the designated official or agent of the United States, the State shall immediately have such jurisdiction over the lands designated in the notice of relinquishment as the notice shall specify.

        (3) The provisions of this section subsection shall apply to the relinquishment of jurisdiction acquired by the United States under the provisions of Sections 3-1-110 and 3-1-120.

    (B)(1) Notwithstanding any other provision of this title, the State shall exercise concurrent jurisdiction with the United States over a military installation of the United States Department of Defense located within the State in the matter relating to a violation of federal law by a juvenile within the boundaries of that military installation if:

           (a) the United States Attorney, or the United States District Court, for the applicable district in South Carolina, waives exclusive jurisdiction; and

           (b) the violation of federal law is also a crime or infraction under state law.

       (2) The provisions of this subsection shall apply to the relinquishment of jurisdiction acquired by the United States under the provisions of Sections 3-1-110, 3-1-120, and the specific grants the United States outlined in Chapter 3 of this title.

 

SECTION 2.  Section 63-3-510 of the S.C. Code is amended by adding:

 

    (5) When concurrent jurisdiction has been established pursuant to Section 3-1-150(B), the court has exclusive original jurisdiction over any case involving a juvenile who is alleged to be delinquent as the result of an act committed within the boundaries of a military installation that is a crime or infraction under state law.

 

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

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