Indicates Matter Stricken

Indicates New Matter

 

Amended

March 4, 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 3/4/26--H.                                                                            [SEC 3/5/2026 11:03 AM]

Read the first time March 5, 2025

 

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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.

    Amend Title To Conform

 

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, 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, 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; 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.

 

SECTION 2.  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.

 

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

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