A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-19-1210, RELATING TO TRANSFER OF JURISDICTION IN JUVENILE JUSTICE CASES, SO AS TO ESTABLISH CERTAIN PREREQUISITES BEFORE TRANSFERRING JUVENILE CASES FROM FAMILY COURT TO GENERAL SESSIONS COURT, INCLUDING THE REQUIREMENT FOR A FULL INVESTIGATION AND HEARING AS WELL AS THE COURT'S CONSIDERATION OF CERTAIN FACTORS BEFORE ISSUING AN ORDER TO TRANSFER; AND FOR OTHER PURPOSES.

 

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

 

SECTION 1.  Section 63-19-1210 of the S.C. Code is amended to read:

 

    Section 63-19-1210.  In accordance with the jurisdiction granted to the family court pursuant to Sections 63-3-510, 63-3-520, and 63-3-530, jurisdiction over a case involving a child must be transferred or retained as follows:

    (1) If, during the pendency of a criminal or quasi-criminal charge against a child in a circuit court of this State, it is ascertained that the child was under the age of eighteen years at the time of committing the alleged offense, it is the duty of the circuit court immediately to transfer the case, together with all the papers, documents, and testimony connected with it, to the family court of competent jurisdiction, except in those cases where the Constitution gives to the circuit court exclusive jurisdiction or in those cases where jurisdiction has properly been transferred to the circuit court by the family court under the provisions of this section. The court making the transfer shall order the child to be taken immediately to the place of detention designated by the court or to that court itself, or shall release the child to the custody of some suitable person to be brought before the court at a time designated. The court then shall proceed as provided in this chapter. The provisions of this section are applicable to all existing offenses and to offenses created in the future unless the General Assembly specifically directs otherwise.

    (2) Whenever a child is brought before a magistrate or city recorder and, in the opinion of the magistrate or city recorder, the child should be brought to the family court of competent jurisdiction under the provisions of this section, the magistrate or city recorder shall transfer the case to the family court and direct that the child involved be taken there.

    (3) When an action is brought in a circuit court which, in the opinion of the judge, falls within the jurisdiction of the family court, he may transfer the action upon his own motion or the motion of any party.

    (4) If a child seventeen years of age or older is charged with an offense which, if committed by an adult, would be a misdemeanor, a Class E or F felony as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of ten years or less, and if the court, after full investigation, considers it contrary to the best interest of the child or of the public to retain jurisdiction, the court, in its discretion, acting as committing magistrate, may bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offense if committed by an adult.

    (5) If a child fourteen, fifteen, or sixteen years of age is charged with an offense which, if committed by an adult, would be a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more, the court, after full investigation and hearing, may determine it contrary to the best interest of the child or of the public to retain jurisdiction. The court, acting as committing magistrate, may bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offenses if committed by an adult.

    (6) Within thirty days after the filing of A person submitting a petition in the family court alleging thea child who is twelve years of age or older and has committed the offense of murder or is fourteen years of age or older and has committed the offense of criminal sexual conduct, the person executing the petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against the child as a criminal rather than as a child coming within the purview of this chapter. The request must be filed within ninety days of the petition but may be extended for good cause. A request for transfer in cases in which murder or criminal sexual conduct are not charged must be filed within thirty days of the petition absent good cause shown. The judge of the family court is authorized to determine this request. If the request is denied, the petitioner may appeal within five days to the circuit court. Upon the hearing of the appeal, the judge of the circuit court is vested with the discretion of exercising and asserting the jurisdiction of the court of general sessions or of relinquishing jurisdiction to the family court. If the circuit judge elects to exercise the jurisdiction of the general sessions court for trial of the case, he shall issue an order to that effect, and then the family court has no further jurisdiction in the matter.

    (7) Once a request for transfer to general sessions court is received, the chief administrative judge must set a status conference within thirty days. At the conclusion of the status conference, the presiding judge must issue a scheduling order regarding discovery, deadlines for evaluations including the necessity of an evaluation from the department, pretrial motions, final hearing, and any other matters the judge deems necessary. A consent order may be submitted and approved by the court prior to the scheduled status conference. The judge, for good cause shown, may alter or amend the order, sua sponte, or upon motion of any interested party.

    (8) The hearing on the request for transfer to general sessions court must take place within one hundred eighty days of the request for removal in cases in which the child is charged with murder or criminal sexual assault and ninety days in all other cases. The court, sua sponte, or upon motion of interested party, may continue the hearing for good cause shown but in no event may the final hearing be held beyond ninety days from the originally scheduled hearing.

    (9) At the final hearing the State and defense may introduce exhibits, examine and cross examine any witnesses whose testimony is relevant to the court's determination of removal to general sessions court, and offer opening and closing statements. The department's evaluation, if any, is a court's exhibit and the evaluator is subject to examination by either party.

    (10) If the request for transfer is denied, the petitioner may appeal within five days to the circuit court. Upon hearing the appeal, the judge of the circuit court is vested with the discretion of exercising and asserting the jurisdiction of the court of general sessions or of leaving jurisdiction with the family court. If the circuit judge elects to exercise the jurisdiction of the general sessions court for trial of the case, he shall issue an order to that effect, which shall result in the immediate relinquishment of the family court's jurisdiction in the matter.

    (7)(11) Once the family court relinquishes its jurisdiction over the child and the child is bound over to be treated as an adult, Section 63-19-2020 dealing with the confidentiality of identity and fingerprints does not apply.

    (8)(12) When jurisdiction is relinquished by the family court in favor of another court, thethat court shall have full authority and power to grant bail, hold a preliminary hearing and any other powers as now provided by law for magistrates in such cases.

    (9)(13) If a child fourteen years of age or older is charged with a violation of Section 16-23-430, Section 16-23-20, or Section 44-53-445, the court, after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, may bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offenses if committed by an adult.

    (10)(14) If a child fourteen years of age or older is charged with an offense which, if committed by an adult, provides for a term of imprisonment of ten years or more and the child previously has been adjudicated delinquent in family court or convicted in circuit court for two prior offenses which, if committed by an adult, provide for a term of imprisonment of ten years or more, the court, after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, may bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offense if committed by an adult. For the purpose of this item, an adjudication or conviction is considered a second adjudication or conviction only if the date of the commission of the second offense occurred subsequent to the imposition of the sentence for the first offense.

    (15) During the full investigation and hearing to transfer a youth to the court of general sessions pursuant to this section, the court must consider the following factors to determine if, by clear and convincing evidence, it is contrary to the best interest of the child or the public to retain jurisdiction:

       (a) the impact of the offense on the victim;

       (b) the impact of the offense on the community;

       (c) the threat posed by the juvenile to the safety of the public or any individual;

       (d) the nature and circumstances of the offense, taking into consideration:

           (i) the seriousness of the alleged offense;

           (ii) whether the offense was against persons or property, with greater weight being given to offenses against the person;

           (iii) whether the offense was committed in an aggressive, violent, premeditated and wilful manner;

           (iv) whether the offense involved the use of a firearm or other dangerous weapon by brandishing, threatening, displaying or otherwise employing such weapons; and

           (v) the nature of the juvenile's participation in the alleged offense;

       (e) the adequacy and duration of the dispositional alternatives available in family court and circuit court;

       (f) whether the juvenile is amenable to treatment, supervision, or rehabilitation in family court considering:

           (i) the juvenile's age;

           (ii) the juvenile's mental and emotional maturity;

           (iii) the degree of criminal sophistication exhibited;

           (iv) the juvenile's prior record, if any;

           (v) the nature and extent of any prior delinquent history, including the success or failure of any previous attempt of rehabilitation by the family court, including whether the juvenile has documented adverse childhood experiences and whether or not the juvenile has been previously provided with evidence-based therapeutic services;

           (vi) whether the alleged offense is part of a repetitive pattern of similarly adjudicated offenses;

           (vii) whether the juvenile can be rehabilitated prior to the expiration of family court jurisdiction;

           (viii) probation or institutional reports; and

           (ix) other relevant factors.

    (16) The court's order transferring a juvenile to the court of general sessions pursuant to this section must include specific findings of facts addressing the factors listed in item (15).

 

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

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