Indicates Matter Stricken

Indicates New Matter

 

Committee Report

February 25, 2026

 

H. 4151

 

Introduced by Reps. W. Newton, G. M. Smith, Hiott, Hixon, Caskey, Robbins, C. Mitchell, Pope, Gagnon, Taylor, Whitmire, B. Newton, Vaughan, Chapman, M. M. Smith, J. E. Johnson, Yow, Bustos, Landing, Gibson, McCravy, Gilliam, Hager, Rankin, Schuessler, Teeple, Erickson, Herbkersman, Hartnett, Wooten, Lawson, Long and Lowe

 

S. Printed 2/25/26--H.                                                                         [SEC 2/26/2026 11:00 AM]

Read the first time March 5, 2025

 

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The committee on House Judiciary

To whom was referred a Bill (H. 4151) to amend the South Carolina Code of Laws by amending Section 63-19-20, relating to terms defined in the "Juvenile Justice Code," so as to change the definition of, 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 63-19-20(1)(a) and (b) and inserting:

       (a) a person seventeen years of age or older who is charged with 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, or any offense in Chapter 23, Title 16, charged pursuant to Section 44-53-379, or a felony and has previously been adjudicated delinquent in family court or convicted in circuit court of a felony. However, a person seventeen years of age who is charged with 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, or any offense in Chapter 23, Title 16, charged pursuant to Section 44-53-379, or with a felony and has previously been adjudicated delinquent in family court or convicted in circuit court of a felony may be remanded to the family court for disposition of the charge at the discretion of the solicitor, by the circuit court, sua sponte, or upon motion of the defendant after a hearing and order issued by the circuit court judge; or

       (b) a person sixteen years of age or older who is charged with a felony that provides for a term of imprisonment of thirty years or more, the offense of burglary in the first degree as defined in Section 16-11-311, or the offense of attempted murder as defined in Section 16-3-29. However, a person sixteen years of age or older who is charged with a felony that provides for a term of imprisonment of thirty years or more, the offense of burglary in the first degree as defined in Section 16-11-311, or the offense of attempted murder as defined in Section 16-3-29 may be remanded to the family court for disposition of the charge at the discretion of the solicitor, by the circuit court, sua sponte, or upon motion of the defendant after a hearing and order issued by the circuit court judge.

    An additional or accompanying charge associated with the charges contained in this item must be heard by the court with jurisdiction over the offenses contained in this item.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Section 63-19-1210 (9) and (10) of the S.C. Code is amended to read:

 

    (9) If a child fourteen, fifteen, or sixteen 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) If a child fourteen, fifteen, or sixteen 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 twoa prior offensesoffense which, if committed by an adult, provideprovides 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.

Renumber sections to conform.

Amend title to conform.

 

W. NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill adds to the exclusions to the definition of a child or juvenile for the purposes of the Juvenile Justice Code.  The new exclusions include a person aged seventeen or older who is charged with any offense involving a weapon, as well as a person aged sixteen or older who is charged with a felony offense carrying a term of imprisonment for thirty years or more, a first-degree burglary offense, or the offense of attempted murder.

Currently, family court has original jurisdiction for these seventeen- and sixteen-year-olds, and DJJ and the Commission of Prosecutions Coordination manage the defense and prosecution of these cases.

This bill shifts the court of original jurisdiction from family court to circuit court for these excluded individuals. However, the bill authorizes the family court to, at the discretion of the solicitor, hear cases for these individuals. Judicial anticipates the potential shift of cases from family court to circuit court can be managed within existing appropriations.  Additionally, this bill does not alter the responsibility for the Commission of Prosecution Coordination, and therefore, will have no expenditure impact for the commission.

Further, this bill may result in a shift in cases from DJJ to CID.  This bill may impact the workload of DJJ and CID due to the potential shift in cases between the two agencies and may impact Corrections and PPP due to a potential increase in incarcerations.  CID anticipates being able to manage any impact to expenses due to this bill within existing appropriations.  For information, according to Corrections, in FY 2023-24, the annual total cost per inmate was $40,429, of which $36,553 was state funded.  

The fiscal impact for Corrections, PPP, and DJJ is pending, contingent upon a response from these agencies.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-19-20, RELATING TO TERMS DEFINED IN THE "JUVENILE JUSTICE CODE," SO AS TO CHANGE THE DEFINITION OF "CHILD" OR "JUVENILE," TO PROVIDE EXCEPTIONS FOR MINORS WHO COMMIT CERTAIN VIOLENT CRIMES, AND FOR OTHER PURPOSES.

 

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

 

SECTION 1.  Section 63-19-20(1) of the S.C. Code is amended to read:

 

    (1) "Child" or "juvenile" means a person less than eighteen years of age. "Child" or "juvenile" does not mean:

       (a) a person seventeen years of age or older who is charged with 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, or any offense in Chapter 23, Title 16. However, a person seventeen years of age who is charged with 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, or any offense in Chapter 23, Title 16 may be remanded to the family court for disposition of the charge at the discretion of the solicitor.; or

       (b) a person sixteen years of age or older who is charged with a felony that provides for a term of imprisonment of thirty years or more, the offense of burglary in the first degree as defined in Section 16-11-311, or the offense of attempted murder as defined in Section 16-3-29. However, a person sixteen years of age or older who is charged with a felony that provides for a term of imprisonment of thirty years or more, the offense of burglary in the first degree as defined in Section 16-11-311, or the offense of attempted murder as defined in Section 16-3-29 may be remanded to the family court for disposition of the charge at the discretion of the solicitor.

    An additional or accompanying charge associated with the charges contained in this item must be heard by the court with jurisdiction over the offenses contained in this item.

 

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

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