South Carolina House of Representatives
Representative James H. Harrison
Chairman
Susan O. McNamee
Staff Counsel
Erin B. Crawford
Staff Attorney
Ruth W. Tidwell
Executive Secretary
Act 391 -- Judicial Reform
H. 3961 -- Representative David Wilkins
This Act and H. 3962, the joint resolution proposing to amend the SC Constitution, reform the judicial selection process in South Carolina. The reforms consist of establishing a Judicial Merit Selection Commission of ten members to screen judicial candidates for election to the bench by the General Assembly, of making its nominations binding on the General Assembly, and of requiring the resignation of a legislator prior to application to the Commission.
The Act establishes a Judicial Merit Selection Commission to replace the Joint Legislative Committee on Judicial Screening. The Commission would have 10 members: 5 members appointed by the House Speaker of whom 3 would be sitting legislators and 2 would be non-legislators; 3 members appointed by the Senate Judiciary Committee Chairman and 2 members appointed by the Senate President Pro Tempore of whom 3 would be legislators and 2 would be non-legislators. In making appointments to the Commission, race, gender, national origin, and other demographic factors should be considered to ensure nondiscrimination to all segments of the State's population. Under previous law, all members of the screening committee were legislators.
The Judicial Merit Selection Commission will determine upcoming judicial vacancies, publicize the judicial vacancies in the appropriate publications, investigate the qualifications of the candidates and hold public hearings, and nominate three candidates whom it considers best qualified for the position. The Commission's findings will be set forth in a written report. In making nominations, the Commission should consider the candidate's ethical fitness, ability, character, and physical and mental health. Race, gender, national origin, and other demographic factors also should be considered by the Commission to ensure nondiscrimination to all segments of the State's population. If the Commission submits fewer than three names, it must also submit a written explanation.
Nominations of the Judicial Merit Selection Commission are binding on the General Assembly. The General Assembly may reject all nominees and require the Commission to submit additional names for the office. If an incumbent judge is found not qualified or the judge withdraws, the election must be postponed and the application process reopened.
A sitting member of the General Assembly interested in submitting an application must resign the legislative office one year before the election is held. The one year is calculated as either one year from the scheduled election for the judgeship or one year from failing to file for re-election. A former Senator or House member does not have the privilege of the floor while the application is pending with the Commission or before the General Assembly.
No candidate may seek a pledge of a legislator's vote until the qualifications for all candidates for that office have been released. A legislator may not pledge to vote for legislation or for other candidates in exchange for another member's pledge to vote for a candidate. A violation of this section is a misdemeanor and punishable by a fine of up to $1000 or imprisonment up to 90 days.
Qualifications of family court judges and masters-in-equity are revised so that they must be at least 32 years of age, instead of 26, and must have been a licensed attorney for at least 8 years, instead of 5. The legislation further requires masters-in-equity to be found qualified by the Judicial Merit Selection Commission. Under previous law, masters-in-equity were not screened.
The changes in qualifications for masters-in-equity are effective with the Governor's approval of H. 3961. Family judge changes are not effective until adoption of the constitutional amendment.
Upon the Governor's approval of H. 3961, the powers and duties of the Joint Committee to Review Judicial Candidates are devolved to the Judicial Merit Selection Commission. After a constitutional amendment authorizing the establishment of the Commission has been approved by the voters and ratified by the next General Assembly, the Commission may begin making binding nominations to the General Assembly for vacancies which occur on or after July 1, 1997. Until that time, present law remains in effect, and all candidates may be nominated, regardless of findings about their qualifications.
Signed June 4, 1996 and effective July 1, 1997 and contingent upon ratification of constitutional amendment.
Act 471 -- Constitutional Amendment for Judicial Reform
H. 3962 -- Representative David Wilkins
This joint resolution raises the qualifications for justices and judges of the Supreme Court, Court of Appeals and Circuit Court, so that the minimum age is 32 instead of 26 and the minimum experience is 8 years as a licensed attorney instead of 5. It also proposes establishing the Commission, requiring sitting legislators to resign one year before applying and requiring the General Assembly to elect judges from the nominees of the Commission. The proposed amendment will be submitted to the voters at the next general election for representatives.
Act 469 -- Constitutional Amendment for Victims Rights
S. 1050 -- Senator Glenn McConnell
This joint resolution amends the state Constitution to add a section guaranteeing certain rights to the victims of crime; rights such as the right to be informed of all judicial proceedings of the perpetrator, the right to be heard either in writing or orally at certain stages and the right to restitution. This joint resolution also presents to the voters a constitutional amendment to deny bail to persons charged with certain violent offenses.
The proposed amendment will be submitted to the voters at the next general election for representatives.
Act 472 -- Constitutional Amendment Prohibiting Felons from Serving in Elected Offices
S. 556 -- Senator John Russell
This joint resolution proposes to amend three sections of the South Carolina Constitution. The proposed amendment to Article III, Section 7 would make a person ineligible to serve as a member of the SC House or Senate, if he or she has been convicted or pled guilty or nolo contendere to a felony under state or federal law, tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections,impersonating a voter, or swearing falsely at elections/taking oath in another's name.
Persons convicted of these offenses may serve as a SC House or Senate member, if: (1) they have been pardoned, (2) when they file for office, at least 15 years have elapsed since they completed service of their sentence (including probation and parole time), or (3) they are in office before ratification of the proposed Constitutional change.
The proposed amendment to Article VI, Section 1 would prohibit a person from being popularly elected and serving in any state office or in any office of a political subdivision, if the person has been convicted or pled guilty or nolo contendere to any of the same violations that would bar service as a member of the SC House or Senate. The three exceptions that allow persons convicted of these offenses to serve as SC House or Senate members would also allow persons convicted of these offenses to be elected and serve in other popularly elected state offices and political subdivision offices.
Finally, the joint resolution proposes to amend Article II, Section 4, so as to allow those who have attained the age of 18 by the general election date to be an elector for the calendar year in which he or she becomes 18.
The proposed amendments will be submitted to the voters at the next general election for representatives.
Act 470 -- Constitutional Amendment on Voting Requirements
S. 1213 -- Senator Donald Holland
This constitutional amendment will delete the requirement that a voter is entitled to vote only in his precinct of residence. This change is necessary because federal law now permits voters who move to vote in a special county wide precinct in addition to their previous precinct.
The proposed amendment will be submitted to the voters at the next general election for representatives.
Act 287 -- Child Support Past Age Eighteen
H. 3101 -- Representative June Shissias
This Act provides for child support past the age of eighteen if the child is still in high school and making satisfactory progress or if the child has physical or mental disabilities or other exceptional circumstances.
Signed May 6, 1996.
Act -- Joint Custody
H. 3285 -- Representative Denny Neilson
This Act authorizes the court to order joint or divided custody and it requires the judge to have a compelling reason if his order prohibits a custodial parent from moving residences within the state.
Signed June 18, 1996.
Act 383 -- Juvenile Justice Code
H. 3566 -- Representative James Harrison
This Act recodifies the Juvenile Code (including provisions passed this session). In addition to this recodification of current law, the Act provides that law enforcement may also fingerprint juveniles when they are convicted of a crime or subject to investigation of a crime pursuant to a family court order (Current law provides that a juvenile may only be fingerprinted by law enforcement when they are charged with a violent crime, grand larceny, a crime in which a weapon was used, or distribution or trafficking in unlawful drugs).
Signed June 5, 1996.
Act 237 -- Adoption Requirements
H. 3954 -- Representative Annette Young-Brickell
This Act requires the court to make specific findings concerning the reasonableness of costs incurred before approving an out of state adoption under the 'unusual and exceptional circumstances' reason. The Act also requires the consent to be given after the birth of the adoptee.
Signed March 4, 1996.
Act 393 -- Fees in Child Abuse and Neglect Cases
H. 3992 -- Representative Gilda Cobb-Hunter
This Act relates to fees assessed in family court in dependency and abuse cases. It amends Section (D) to state that in an abuse hearing initiated by DSS, the court may impose a fee only after the hearing on the merits. If the court does not order removal of the child, the fee must be waived. If the defendant's legal assistance is paid with public funds (Legal Services) or if the defendant qualifies for appointed counsel, the court may not assess the defendant a fee. Another amendment to subsection (C) clarifies that the 3% costs assessment in support actions is 3% of the support paid.
Signed June 5, 1996.
Act 322 -- Payment of Fees in Family Court
H. 4341 -- Representative David Wilkins
This Act provides the family court can order the child's parents to reimburse the Indigent Defense Fund or pay the court-appointed attorney in a delinquency proceeding where the court appoints counsel for the youth.
Became law without the Governor's signature May 21, 1996.
Act 428 -- Restitution in Juvenile Cases
H. 4344 -- Representative Douglas Jennings
This Act deletes the $500 cap on restitution which a court may order a juvenile defendant to pay, provides the amount is in the court's discretion, and provides factors the court must consider in setting the amount.
Signed June 18, 1996.
Act 327 -- Prohibition Against Same Sex Marriage
H. 4502 -- Representative Gary Simrill
This Act prohibits two persons of the same sex from marrying.
Signed May 20, 1996.
Act 396 -- Petitions for Protective Orders
H. 4522 -- Representative Rita Allison
This Act prohibits the clerk of court from charging a fee for filing a petition for an order for protection from domestic abuse. As a type of restraining order, orders of protection are issued to protect the petitioner or any minor family or household member from abuse by another family or household member. The act also provides that no mutual order of protection may be granted unless both parties consent, or the court makes findings of fact necessitating such an order.
Signed June 4, 1996.
Act 450 -- Child Protection Reform Act
H. 4614 -- Representative Mark Kelley
This Act changes the foster care system and abuse and neglect procedures to prevent the "foster care drift" which forces many children to spend years in multiple foster care settings. The act also aims to limit state intervention except when truly necessary, emphasizing instead reliance on family and community. The legislation requires that children be removed from the home only when necessary to protect them from substantial harm. The decision to take a child into custody is transferred from a law enforcement officer to a Department of Social Services caseworker. The caseworker is provided with greater immunity from liability to protect decisions about removal which are made in good faith. Once a child is removed from the home, a twenty-four hour waiting period is put in place before the child is actually taken into custody. During this time DSS consults with the child's extended family, investigating whether there has been a pattern of abuse or neglect and whether measures short of removal might adequately protect the child. When children are removed, placement with relatives is authorized whenever possible, with only a limited background check required. DSS is required to create temporary crisis placement facilities where parents may voluntarily place children for up to seventy-two hours during a family crisis. Steps are taken to handle less serious cases of abuse (i.e. excessive punishment) and most neglect outside of court with an emphasis on corrective programs.
School officials, substance abuse treatment staff, foster care facilities, and persons responsible for processing film are all required to report evidence of abuse or neglect under the act. Physicians are authorized to perform medical exams in addition to X-rays without parental consent.
Whereas the act calls for more caution in the removal of a child from the home, it also demands prompt and decisive resolution once the child has been removed. DSS must make a finding of whether abuse or neglect has occurred within thirty days after receipt of the report if the child is in custody, and within forty-five days if the child is not in custody. The present time limit is sixty days. After a child has been in foster care for one year, a hearing must be held to decide upon a permanent placement, be it a return to the home, adoption, or another arrangement. In the case of drug or alcohol impaired infants, a presumption of neglect may be established by testing at birth. If a parent either refuses to participate in or fails to pass a treatment program twice, the family court may presume that the condition is unlikely to change and terminate parental rights.
Signed June 18, 1996.
Act 452 -- Amendments to the Family Independence Act of 1995
H. 4789 -- Representative James Harrison
This Act makes certain changes to the Family Independence Act of 1995 (welfare reform). It requires license applicants or renewal applicants for drivers, recreational, professional, or occupational licenses to supply their Social Security number in the application. The Family Independence Act requires the revocation of licenses for persons who are 2 months in arrears with child support. The 1995 Act also requires licensing entities to provide, among other information, the SS# of its licensees. The most accurate way of identifying licensees with child support cases is through SS#s but some licensing entities did not require this information on the application.
The Act amends the UIFSA subarticle (Uniform Interstate Family Support Act) to provide that in addition to the family court, the Child Support Division of DSS is a 'tribunal' of the state. This has the effect of making the UIFSA statute conform to Family Independence Act's administrative process statute which authorizes the Child Support Division to administratively determine paternity and orders of support. With these amendments it is clear DSS can do the same with out of state support orders. The Act also amends time periods in the Administrative Process for Establishing Child Support (Section to 7-9565). It amends DSS's obligation to report to consumer credit agencies when obligors are delinquent in an amount equal to two months' support obligation instead of when they have not made a child support payment in two consecutive months. This particular amendment is mandated by federal law.
Became law without the Governor's signature June 20, 1996.
Act 404 -- Juvenile Justice Task Force Recommendations
H. 4818 -- Representative James Harrison
This legislation was recommended by the Governor and the Governor's Juvenile Justice Task Force. Previously, the Code provided 6 reasons for which a juvenile can be detained in a secure juvenile detention facility. Section 1 of the Act adds a 7th reason: when the juvenile has no suitable alternative placement and the court determines that continued detention is in the child's best interest or is necessary to protect the child or public, or both.
Previously, the Code provided that a detention hearing must be held within 48 hours of the juvenile being taken into custody. If a family court judge determines at this hearing that a juvenile should be detained, the law provides that "periodic reviews of the detention order must be conducted in accordance with the rules of practice in a family court." (Every 7 days). Section 2 of this Act deletes this language and adds language that entitles the juvenile to a review: (1) within 10 days following the juvenile's initial detention hearing; (2) within 30 days following the 10 day hearing; and (3) at any other time for good cause shown upon the motion of the child, the State, or the department.
Previous law provides for certain offenses for which a law enforcement agency can fingerprint a juvenile charged with a crime (violent crimes, grand larceny or a motor vehicle, a crime in which a weapon was used, or distribution/trafficking in unlawful drugs). This section also provides that DJJ may fingerprint and photograph a juvenile upon commitment to a juvenile correctional institution. These fingerprints and photographs taken by DJJ must remain confidential and must not be transmitted to SLED or FBI except for aiding the department in apprehending an escapee or in locating a missing child.
The Act amended this section so as to authorize DJJ to photograph and fingerprint any juvenile also upon the filing of a petition, release from detention, or release on house arrest. Further, the photographs and fingerprints may be transmitted to SLED or the FBI for the purposes of locating and identifying a child who fails to appear in court as summoned or who is the subject of a house arrest order.
Previously, family court judges were required to commit a juvenile for an indeterminate sentence, not extending beyond the 21st birthday of the child. Family court judges only had the ability for determinate sentencing for status offenders only (up to 90 days). This Act (see section 4) extends the judges' sentencing ability so that the family court has authority to order a determinate commitment sentence not to exceed 90 days in all cases.
Further, prior law provides that a juvenile must be sent to R & E for a 45 day evaluation before final commitment to DJJ. There are only limited situations when a family court judge may waive this evaluation. This Act also gives the family court more flexibility in waiving the evaluations as follows: (1) the juvenile has been evaluated by DJJ in the past and the evaluation is available to the court; (2) the juvenile has been, within the past year, temporarily or finally discharged from DJJ; or (3) the child receives a determinate sentence not to exceed 90 days.
Signed June 4, 1996.
Act 366 -- Confidentiality for Juveniles Convicted of Violent Crime
S. 926 -- Senator Kay Patterson
This Act allows DJJ to release information to the victim of any crime perpetrated by a juvenile offender. Current law limits the release to victims of violent crimes. This information includes status and disposition of delinquency action, hearing times, dates, location and information concerning services available to the victims. Also, this code section (Section (A)) is further amended to state that the name, identity, and picture of a juvenile offender may be released to the media if the juvenile has been bound over to a court which would have jurisdiction if the juvenile had been an adult (general sessions court) or if the juvenile is adjudicated delinquent in family court for a violent crime under Section 16-1-60, grand larceny of an auto, crime where a deadly weapon is used, or distribution or trafficking in unlawful drugs.
Signed May 29, 1996.
Act 334 -- Youth Mentor Act
S. 1033 -- Senator Darrell Jackson
This Act requires the Attorney General's Office to establish a youth mentor program, with mentoring services provided by religious and community organizations. Solicitors may divert juveniles charged with non-violent offenses to a church mentor program rather than proceeding with a disposition by family court. Participation in a church mentor program is voluntary, and the child or his parents may refuse to participate. However, if a child successfully completes the program, the proceedings in family court must be dismissed.
If a child is adjudicated delinquent for a nonviolent offense, family court judges may order the child to participate in a community mentor program for six months to one year. Children failing to complete a community mentor program must be brought before the family court for appropriate sanctions or revocation of any suspended commitment to an institution or family home.
Signed May 29, 1996.
Act 370 -- Parents' Share of Minor's Estate
S. 1164 -- Senate Judiciary Committee
This Act adds Section to the Probate Code. This code section enables the probate court to deny or limit either parent's (or any other party of potential interest based upon the decedent having died intestate) entitlement to a share of the proceeds of an estate if the parent or parents failed to reasonably support the decedent during his or her minority. The determination by the Probate Court must be supported by a preponderance of the evidence. The act also amends a Workers Compensation statute, Section , in the same manner. The Commission is authorized to deny or limit a parent's entitlement if it determines that the parent refused to reasonably support the decedent. Finally, the wrongful death statute, Section , was likewise amended.
Signed May 29, 1996.
Act 444 -- Day Care Center Employees/ Sex Offender Registry
S. 1286 -- Senate Judiciary Committee
This Act revises current law which subjects day-care employees to criminal background checks and prohibits day-care centers from hiring persons convicted of violent crimes, sex crimes, and certain other offenses. It requires anyone who is at least fifteen years old and who lives in a family day-care home to undergo the same fingerprint review used to determine the criminal history of day-care employees. Anyone who has a person fifteen years or older convicted of such a crime living in a proposed day-care home is prohibited from applying for a license to operate a day-care center. Such applicants would be guilty of a misdemeanor and subject to a fine of up to $5,000, a sentence of not more than one year, or both. Under the measure, fingerprint checks are required only for those day-care employees who interact with the children (a day-care's bookkeeper, for example, might not be required to submit to a fingerprint check). Volunteers who work in day-care settings under the supervision of employees now will be specifically exempted from fingerprint reviews. Provisions of this measure pertain to religious day care centers, as well as group and family centers.
The Act also authorizes local law enforcement officers to participate in the State Employee Adoption Assistance Program which helps pay for adoption proceedings. If the employee adopts a child with special needs, he may receive up to $10,000 for expenses. For all other adoptions, he may receive up to $5,000.
Lastly, the Act affords the general public access to data in the state's sex offender registry which has been available only to law enforcement officials. Under existing law, all individuals convicted of certain sexual offenses are, so long as they reside in the state, required to register annually with their county sheriff and keep him informed of changes in residence. The information collected from sex offenders is compiled in a centralized database maintained by the State Law Enforcement Division. Under this act, any individual may make a written request to a county sheriff's office to find out if a particular person is listed in the sex offender registry. If the individual is listed in the registry, the sheriff will respond to the request with the full name of the offender, any aliases, the date of birth, a current home address, the offense for which the individual was required to register, the time and place of the conviction, and a photocopy of a current photograph of the offender. A sheriff may not, however, release information on a juvenile offender adjudicated delinquent in a family court.
The Act alters the list of sexual offenses which the registry tracks. Kidnappers are no longer automatically entered into the registry. An individual convicted of indecent exposure must register as a sex offender only if the court specifically directs that he do so. An individual is not included in the registry if he is convicted of criminal sexual conduct with a minor and the judge specifically finds the sex to have been consensual. Also, the legislation gives the presiding judge the ability to order inclusion in the sex offender registry for any offense so long as the solicitor shows good cause.
New penalties are prescribed for an offender's failure to cooperate with the registry. A first offense for failing to register or for providing false information is a misdemeanor punishable by a mandatory sentence of ninety days; a second offense is a misdemeanor, with a mandatory one year sentence. No part of these sentences is subject to suspension or probation. A third or subsequent offense is considered a felony and subject to a five year sentence with three years not subject to suspension or probation.
Signed June 18, 1996.
Act 290 -- Enticing Juvenile to Commit Crime
H. 3229 -- Representative Lucille Whipper
This act makes it illegal to solicit, hire, persuade, etc. a person under 18 years of age to commit a violent crime, the crime of lynching, or the distribution of cocaine, crack cocaine, heroin, marijuana, or LSD. A person who violates these sections is guilty of a felony and must be sentenced to imprisonment for not less than 5 years or more than 15 years. The act clarifies that the felonies established in this section are in addition to charges for the underlying criminal activity.
Signed May 6, 1996.
Act 464 -- Concealed Weapons
H. 3730 -- Representative Jeff Young
This bill repeals state law concerning persons to whom firearms permits may be issued and concerning training and bonding of persons issued firearms permits. The bill enacts the "Law Abiding Citizens' Self-Defense Act of 1996," providing new requirements for the State Law Enforcement Division to issue permits allowing certain individuals to carry concealed weapons.
The bill provides that a person at least twenty-one years of age who pays a $50 fee, who is not prohibited by state law from possessing a weapon, and who passes an eight hour (minimum) training course and an FBI background check can carry a concealable weapon in public. A "concealable weapon" is defined in this bill as a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense, defense of others, and the protection of real or personal property.
Under this bill, concealable weapons may not be carried into certain places, including: police, sheriff, or highway patrol stations, or any other law enforcement facility; any correctional facility or office; any courthouse or courtroom; any polling place on election days; any office of, or the business meeting of the governing body of a county, public school district, municipality, or special purpose district; any school or college athletic event not related to firearms; any day care facility or pre-school facility; any place where the carrying of firearms is prohibited by federal law; any church or other established religious sanctuary; any hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer. Any person who wilfully violates these provisions is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court, and shall have his permit revoked for five years.
The bill also provides that any private property owner or person in legal possession or control has the right to allow or prohibit the carrying of a concealable weapon upon his premises. Any person in violation of this provision may be charged under SC Code Section (concerning entering premises after a warning or refusing to leave on request), punishable upon conviction by a fine of not more than two hundred dollars or imprisonment for not more than thirty days. No person may carry a concealable weapon into the residence or dwelling place of another person without the express permission of the owner or person in legal control. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned for not more than one year, or both, at the discretion of the court, and his permit will be revoked for five years. Previous law concerning the carrying of weapons into businesses which sell alcohol for on-premises consumption was amended so as to prohibit a person from possessing a pistol or firearm in these establishments, with violators subject to a fine of not more than two thousand dollars or imprisonment of not more than three years, or both. Also, the violator's concealed weapon permit will be revoked. The bill also provides that it is unlawful for any person who is under the influence of alcohol or a controlled substance to use a firearm. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or imprisoned for not more than two years.
Previous law (SC Code Section ) prohibiting the carrying of firearms into a school, college, or university or any publicly owned building, is amended to include any premises or property owned, operated, or controlled by the school, college, or university. That section is also amended to provide that the terms "premises" and "property" do not include state or locally owned or maintained roads, streets, or rights of way thereof, running through or adjacent to premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, which are open full time to public vehicular traffic. H. 3730 does not change the law providing the penalty for violation of this section, which is that the violation is a felony and the fine must be not more than five thousand dollars or imprisonment of not more than five years, or both.
Signed July 24, 1996.
Act 398 -- Hit and Run Accidents
H. 4589 -- Representative Chip Limehouse
This bill revises the penalty for a driver's failure to stop when involved in an accident causing personal injury or death. Previous law provided that a driver involved in an accident resulting in death or personal injury who fails to stop or to comply with his statutory duty to give information and render aid shall, upon conviction, be punished by imprisonment for not less than thirty days nor more than one year or by a fine of not less than one hundred dollars nor more than five thousand dollars, or both. H. 4589 revises that law as follows: If the accident results in injury but does not result in life-threatening or permanent injury or death, the driver who fails to stop is guilty of a misdemeanor, upon conviction punishable by imprisonment of not less than thirty days nor more than one year or a fine of not less than one hundred dollars nor more than five thousand dollars, or both. If the accident results in life-threatening, serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ, the driver who fails to stop is guilty of a felony, upon conviction punishable by imprisonment of not less than thirty days nor more than ten years, and a fine not less than five thousand dollars nor more than ten thousand dollars. If the accident results in death, the driver who failed to stop is guilty of a felony, upon conviction punishable by imprisonment of not less than one year nor more than twenty-five years and a fine not less than ten thousand dollars nor more than twenty-five thousand dollars. Also, any person convicted under this law will have his driver's license revoked.
Signed June 4, 1996.
Act 448 -- Effective Death Penalty Act
H. 4469 -- Representative David Wilkins
This Act was passed as an attempt to expedite the post-conviction relief (PCR) process in cases in which a death sentence has been imposed. The Act sets specific time limits for post-conviction relief proceedings, as follows:
In addition to setting forth time limits, the Act requires the South Carolina Supreme Court to promulgate a standard written jury instruction, which all trial judges must give verbally and in writing to the jury in cases in which a person is sentenced to death. The standard instruction is intended to inform the jury of its rights regarding discussion of its verdict. Specifically, the instruction must inform the jurors of their right to refuse to discuss the verdict, to discuss the verdict to the extent each individual juror chooses, to terminate any discussion pertaining to the verdict whenever a juror chooses, and to report any person who harasses a juror after he or she has refused to discuss the verdict. The instruction must also give the name, address and telephone number of the person to whom any harassment may be reported.
The Act also provides that a defendant automatically waives the attorney-client privilege when the defendant alleges ineffective assistance of counsel as a ground for post-conviction or other collateral relief. The privilege is waived with respect to oral and written communications between defendant and the allegedly ineffective counsel, and between defendants and experts, but only to the extent necessary for counsel to respond to defendant's allegation of ineffective assistance. The waiver provision applies to capital and non-capital cases, and the court does not need to enter an order waiving the privilege.
In cases of a defendant convicted of a capital offense and sentenced to death, the Act requires prior counsel to make the complete files available to defendant's new counsel. New counsel may inspect and photocopy the files, but prior counsel must maintain custody of his or her files, except as to any portion admitted into evidence.
The Act limits parties' use of discovery in non-capital post-conviction relief proceedings. Under the Act, discovery devices may be used in non-capital post-conviction relief proceedings only if, and only to the extent that the judge finds good cause to do so. In capital post-conviction relief proceedings, parties may use discovery without leave from the court.
Finally, an indigent capital defendant, who desires counsel, must be appointed two counsel to represent him or her, and at least one of the appointed attorneys must have previously represented a death sentenced inmate in post-conviction relief proceedings or must meet the minimum qualifications for felony trial appointments and have successfully completed, within the previous two years, at least 12 hours of professional training involving advocacy in the field of appellate and/or post-conviction defense. The Act also provides that the judge assigned to hear the post-conviction relief must not be the original sentencing judge.
Signed June 18, 1996.
Act 455 -- Inmate Litigation
H. 4472 -- Representative James Klauber
This Act is designed to reduce the filing of 'frivolous ' civil litigation by prisoners and those persons held in custody awaiting trial or sentencing by requiring inmates (unless otherwise provided by law) to make a partial payment of the filing fees of 20% of the preceding 6 months' income from the prisoner's trust account, and thereafter, monthly payments of 10% of the preceding month's income. This Act also holds the inmate responsible for all of the court costs.
Article 2 provides for the loss of all or part of the inmate's earned work, education, or good conduct credits in an amount to be determined by the Department of Corrections upon recommendation of the court if the court finds that the prisoner has done any of the following in a case pertaining to his incarceration or apprehension filed by him in state or federal court or in an administrative hearing while incarcerated: (1) submitted a malicious claim, or one that is intended solely to harass the party filed against; (2) testified falsely or otherwise presented false evidence or information to the court; (3) unreasonably expanded or delayed a proceeding; or (4) abused the discovery process.
Article 3, concerning successive claims, provides that the court is given the authority to find the inmate in contempt of court if it finds that the inmate has on 3 or more prior occasions, while incarcerated, brought a civil action or appeal that was dismissed prior to a hearing on the merits on the grounds that it was frivolous, malicious, or meritless. The court may sentence the inmate to a term of imprisonment not exceeding one year to be served consecutive to any terms of imprisonment previously imposed. However, if the court finds the prisoner was under imminent danger of great bodily injury at the time of the filing of the present action or appeal, the prisoner shall not be held in contempt.
Further, a section was added to the Act which states that this chapter is inapplicable to any case in which the Constitution of the US or SC requires that an indigent person be allowed access to the Courts (i.e., bankruptcy).
Signed July 3, 1996.
Act 406 -- Penalty for Escape or Attempted Escape
S. 62 -- Senator Glenn McConnell
This Act provides that a prisoner who escapes or attempts to escape while assigned to medium, close, or maximum custody may not serve his sentence for the original conviction or an additional sentence for the escape or attempted escape at a minimum security facility for at least 5 years after the escape or attempted escape and 1 year before his projected release date. The Act also amends the penalty for escape or attempt to escape to up to 15 years.
Signed June 4, 1996.
Act 441 -- Armed Robbery/Youthful Offender Revisions
S. 95 -- Senator Glenn McConnell
Prior to passage of this legislation, state law authorized the Department of Corrections to establish an extended work release program. This program allowed the exceptional inmate to serve his sentence outside a correctional facility, with the privilege of living at home or another approved residence and working in the community. Inmates with convictions for certain crimes and for more than two offenses were prohibited from participation in the program. This bill abolishes the extended work release program for all offenders.
Second, the Act extends the armed robbery statute to include the commission of robbery with a "representation" of a deadly weapon, such as a toy pistol or rubber knife. Under S. 95, a person is guilty of armed robbery, if the person alleges, by actions or words, that he or she is armed, while using a representation of a deadly weapon or any object which a person present during commission of the robbery reasonably believed to be a deadly weapon. The same provision was included in S. 90, sponsored by Senator Joe Wilson, and signed into law on May 29, 1996 (Act 362).
The Act also changes who is eligible for sentencing as a youthful offender. Prior law generally allowed a person under the age of 25 to be sentenced as a youthful offender, as long as he or she was not convicted of a crime for which the maximum punishment was life imprisonment or death. A person could participate in the youthful offender program a maximum of two times. Under this Act, a youthful offender sentence would still be allowed for persons under the age of 25 but only for offenses that are not defined as violent and that are either a misdemeanor or a felony with a maximum imprisonment of less than fifteen years. The Act also reduces the number of times a person may be in the youthful offender program from twice to once. Punishment as a youthful offender is unchanged by the Act and is by a sentence for an indefinite period not to exceed six years or probation.
Signed June 18, 1996.
Act 433 -- Committing a Lewd Act on a Minor
S. 1152 -- Senator Michael Fair
This Act increases the age of the victim of this crime from under 14 to under 16.
Signed June 4, 1996.
Act 437 -- Increase in Restitution Requirements
S. 1293 -- Senator David Thomas
This Act requires general law enforcement agencies to provide crime victims, without charge, a copy of the crime incident report related to their case and a document which (1) describes the statutory rights South Carolina grants crime victims in criminal cases and, (2) lists local crime victim assistance providers.
In addition, the Act defines "restitution" and makes several additions to state law to enhance collection of restitution. "Restitution" is defined as payment by a defendant convicted of a crime for injuries, specific losses and expenses sustained by the crime victim and resulting from the offender's criminal conduct. Included in the definition are such losses and expenses as medical and psychological counseling expenses, economic losses, funeral expenses, child care costs and transportation related to a victim's participation in the criminal justice process. Excluded from the definition are awards for pain and suffering, wrongful death, emotional distress and loss of consortium.
The Act addresses collection of restitution by requiring courts to specify a monthly payment schedule in their restitution orders. The payment schedule must be set so as to result in full payment of both the restitution amount and collection fees by the end of 80% of the offender's supervision period. In the absence of a court-ordered monthly payment schedule, the Department of Probation, Parole, and Pardon Services (DPPPS) is required to impose a schedule of equal monthly payments, with full pay-off by the end of 80% of the offender's supervision period.
If a probationer is six months in arrears in restitution payments, DPPPS must initiate legal process to bring the probationer back to court, so the court may address the probationer's failure to pay. DPPPS is required to initiate such proceedings, even if the probationer's failure to pay is not wilful. Also, an offender may not be granted a pardon until he or she has made full payment of restitution and collection fees.
Courts may order restitution for secondary victims and third-party payees, except the offender's insurer. However, DPPPS is required to ensure that a primary victim receives his or her restitution first.
DPPPS is responsible for collecting and distributing restitution on a monthly basis and is required to assess a collection fee of 20% of each restitution program. Collection fees must be deposited to a separate account and may not be used until specifically authorized by law.
The Attorney General is added to the list of persons who have the right to: (1) be present and heard on the amount and method of restitution; (2) object to the Court's determinations regarding restitution; (3) make a motion for the court to treat an offender's default in restitution payments as a civil judgement and have a judgement lien attached, and; (4) petition the court to modify, alter or rescind an order of restitution.
Other provisions of the Act provide that restitution orders do not limit any civil claims a crime victim may file; the applicable statute of limitations for a crime victim, who has a cause of action against an incarcerated offender, is extended, if necessary, until three years after the offender's release from his sentence, and DPPPS; must maintain a minimum of twelve restitution beds for every 2,500 offenders the Department supervises.
Implementation of the Act is contingent upon appropriations of sufficient funding by the General Assembly, except for two provisions authorizing the Attorney General's participation in restitution matters. With sufficient funding, the Act takes effect on January 1, 1997 and applies to all persons sentenced on or after April 1, 1997. The provision requiring a minimum of twelve restitution beds takes effect on January 1, 1997.
Signed July 9, 1996.
Act 343 -- Limited Liability Corporations
H. 4830 -- Representative James Harrison
A Limited Liability Corporation (LLC) is an unincorporated business association that provides its owners (members) limited liability and flexible management and financial alternatives. It has become a popular new form of business entity since a properly formed LLC provides the favorable pass-through tax treatment of partnerships, and the limited liability of corporations.
SC first adopted a LLC Act in 1994 which was prepared by a committee organized by the Sec. of State's Office and chaired by Burnet Maybank. The original LLC Act was largely written in 1992 and did not include a set of pro-taxpayer pronouncements issued by the IRS in 1994 and 1995. Since The Uniform Limited Liability Company Act deals with these issues, the decision was made to replace the SC act with this act.
This act is derived from the Uniform Limited Liability Company Act approved and recommended for all states by the Nat'l Conference of Commissioners on Uniform State Laws. The act and the comments were prepared by a national committee, including Dean Harry J. Haynsworth, IV, formerly a professor at the University of South Carolina School of Law and draftsman of many South Carolina business statutes. The comments are intended to assist those who use and interpret this act to determine the intention of the drafters and the interrelationship between the various sections. They are reproduced with permission.
The act combines the best features of all of the states' individual acts, modern practice, and the most recent developments in tax rulings. It is definite enough to meet the current needs of the country, yet flexible enough to allow LLC law and practice to continue to evolve in the future. The Act is flexible in the sense that the vast majority of its provisions may be modified by the owners in a private agreement. To simplify, those nonwaivable provisions are set forth in a single subsection. Thus, sophisticated parties will negotiate their own deal. On the other hand, recognizing that small entrepreneurs without the benefit of counsel should have access to the act, the great bulk of the act sets forth default rules designed to operate a limited liability company without sophisticated agreements and to recognize that members may also modify the default rules by oral agreements defined in part by their own conduct.
Signed May 20, 1996.
Act 281 -- Employer Immunity for Reference Information
S. 1041 -- Senator Greg Gregory
This Act provides immunity for two categories of information disclosed by a former employer about the employee: absolute immunity for disclosing dates of employment, wage history and pay level and qualified immunity for a written response to a written request which could include the following information: about an applicant's job performance, a written employee evaluation (which was conducted before separation and which the employee signed before separation and which the employee was given a copy of upon his request), reasons for separation and whether the separation was voluntary or involuntary. The immunity and protection in this section does not apply if the employer knowingly or recklessly releases false information.
Signed May 6, 1996.
Act 284 -- Alternate Dispute Resolution for State Employee Grievances
S. 1079 -- Senator John Drummond
This Act amends the state employee grievance process to incorporate alternative dispute resolution for less severe employee actions. The purpose of this change is to decrease the formality of the grievance process as it pertains to less severe employment actions and increase its efficiency. The bill divides adverse employment actions into two categories:
less severe actions, which are lack of promotional consideration, punitive reclassifications, suspensions of ten days or less, and involuntary reassignments greater than 30 miles from prior work station.
The State Human Resources Director will forward to a person called a mediator-arbitrator appeals of the less severe employment actions. The mediator-arbitrator will meet with both sides, jointly and independently and will review documents submitted by both sides. Both sides may have counsel or a representative present and mediation conferences are confidential. If the parties cannot mediate their dispute (HRD estimates 60% of appeals will be successfully mediated), the mediator-arbitrator will arbitrate the dispute. This means this person will make findings of fact and make a binding decision within 45 days of the conference.
The mediator-arbitrators will be trained in this curriculum (9 days of instruction and practice) and would be appointed from a pool of Office of Human Resources staff and agency staff.
Signed May 6, 1996. Effective Oct. 1, 1996.
Act 415 -- Alcoholic Beverage Laws Recodification
S. 1084 -- Senate Judiciary Committee
This Act is strictly a recodification of the ABC laws accomplished by convening a committee of all interested parties -- the retail beer, wine, alcoholic beverages industries, wholesalers, DAODAS, Revenue Dept., Department of Public Safety, Administrative Law Judge Division, etc.
Signed June 4, 1996. Effective January 1, 1997.
Act 411 -- Agency Regulation Revisions
S. 921 -- Senator James Bryan
This Act requires each state agency to conduct a formal review of its regulations every five years. The first such review is to occur by July 1, 1997. Upon completion of the review, the agency is required to submit a report to the Code Commissioner. The report must identify those regulations for which the agency intends to begin the process of amendment or repeal and those which require no action. The report does not prohibit agencies amending or repealing a regulation in accordance with the Administrative Procedures Act before or after the regulation is identified in the report.
Existing State law requires agencies to give public notice that they will hold a public hearing on their proposed regulations, if requested by the requisite entities or number of persons. Before passage of this legislation, the notice had to include, among other things, the text or a synopsis of the proposed regulation. Under this Act, agencies no longer have a choice. They must include both the text and a synopsis. The synopsis is now called a preamble, and its contents are specified. The preamble must include a section-by-section discussion of the proposed regulation and a justification for any provision not required to maintain compliance with federal law.
This Act clarifies what factors are included in an analysis of the need for and reasonableness of an agency's proposed regulation. Specifically excluded are the regulation's effect on competition, cost of living and doing business in the affected geographical area, sources of revenue for the regulation's implementation and enforcement, and a conclusion on the short- and long-term economic impact of the regulation. The Act clarifies that these factors, along with others, are the subject of an assessment report.
Since 1993, state law has required an assessment report to be prepared for a regulation that has a substantial economic impact, if two members of the General Assembly make a written request for the report. This Act clarifies that the written request by two members must be made before the agency submits the regulation to the General Assembly. However, the Act also allows a legislative committee, to which the regulation has been referred, by majority vote, to send a written notice to an agency that the committee cannot approve the regulation unless an assessment report is provided. If a committee sends such notice, the 120-day period for legislative review before a regulation lapses into effect stops running and does not begin again until the committee receives an assessment report. Upon receipt of an assessment report, enough legislative review days are added to whatever remains, so that not less than 20 days are available for review. Each committee member must be provided a copy of the assessment report.
The Act also prohibits an agency withdrawing or modifying a regulation after the agency has submitted the regulation to the General Assembly, unless the legislative committee to which the regulation has been referred, by majority vote, gives the agency written notice that it cannot approve the regulation, as submitted.
Finally, the Act provides that policies or guidelines issued by an agency, but not promulgated as a regulation pursuant to the Administrative Procedures Act, do not have the force and effect of law.
Signed June 4, 1996.
Act 408 -- Voting Age
S. 583 -- Senator John Russell
This Act will allow a person reaching 18 on or before the general election day to vote in any election that year. This will be effective after the ratification of the constitutional amendment which will permit this change in the law.
Signed June 21, 1996.
Act 252 -- Poll Watchers and Badges
S. 625 -- Senate Judiciary Committee
This Act makes several changes concerning poll watchers: nonpartisan candidates may appoint poll watchers, poll watchers must have written certification that he or she is a registered voter in that county, the size of the poll watcher identification badge is specified and the location for the poll watcher to observe from must be designated by the manager.
Signed April 1, 1996.
Act 222 -- Registration for Discharged Servicemen
S. 641 -- Senator Marshall Williams
This Act permits servicemen discharged or separated from military service who arrive home too late to register (within 30 days of an election) to register up to 5 PM on election day by going to the county board of registration and being issued a registration notification telling him his precinct and a certification for him to present to the poll managers to place him on the registration rolls of the precinct.
Signed March 6, 1996.
Act 226 -- Candidate Filing Requirements
S. 771 -- Senator Donald Holland
This Act requires candidates for all offices to file the statement of intention of candidacy in a single filing period, between March 16th and March 30th . It also provides that state legislative candidates must file with the county party executive committee in their county of residence. It also removes the requirement that petition candidates must file a statement of intention of candidacy and it provides that in special elections, petition candidates may file for the office for one week beginning the eleventh Tuesday after the vacancy occurs.
Signed February 12, 1996.
Act 434 -- Technical Amendments to Election Laws
S. 1160 -- Senator Donald Holland
This Act makes many technical changes to the election laws such as requiring the Bureau of Vital Statistics to provide the Election Commission with information about deceased persons over 18 instead of over 21, to require a county party chairman to designate a place other than a private residence where persons can file the statement of intention of candidacy, to provide procedures for challenged votes and to delete references to absentee registration which is of no use since the state has registration by mail.
Signed June 4, 1996.
Act 321 -- Anonymous At-Home Testing for HIV
H. 4136 -- House Judiciary Committee
This Act adds Section to the Code which provides that a person who collects and anonymously submits a sample of his or her body fluid or tissue for HIV testing is not required to report a positive test result, and the test results are confidential. This section does provide that the person or lab performing the test on an anonymous sample shall report a positive HIV infection test result to DHEC, but the report must not contain any information identifying the subject of the report.
Essentially, this Act allows the sale of HIV Home Test Kits (such as the "Confide" test produced by Johnson & Johnson and currently under examination by the Federal Food and Drug Administration). These tests would allow a person, in the privacy of his or her home, to use a kit to collect and send a blood sample to a lab for testing for HIV. The test by J & J would provide the purchaser of the kit with an anonymous number code which would be used to obtain results (which are 99% accurate) by phone. Counselors would give the results as well as medical referral information to the infected subject.
Signed May 20, 1996.
Act 457 -- African-American Monument
H. 3515 -- Representative James Harrison
This Act establishes a privately-funded African-American History Monument to be erected on the State House grounds after approval by concurrent resolution of the General Assembly and completion of State House renovations. The Act also creates a nine member African-American History Monument Commission to raise the necessary funds and to determine the design and the specific location for the monument. The Commission members are appointed by the President Pro Tempore of the Senate (four appointments,one of whom must be a Senator); the Speaker of the House (four appointments, one of whom must be a House member); and the Governor (one appointment).
The Commission is directed to report the proposed design and location of the monument to the State House Committee by April 1, 1997. After approval of the design by the State House Committee, a concurrent resolution will be introduced in the General Assembly. The monument will be erected upon approval of the resolution and completion of the State House Renovation Project.
The Commission is also directed to study the feasibility of establishing an African-American History Museum and to report its preliminary findings and recommendations on this subject to the State House Committee by April 1, 1997, with a final report and recommendations due by January 1, 2000. The Commission is dissolved on January 1, 2000, or earlier if the issuance of a final report on the feasibility of the museum and dedication of the monument both occur before that date.
Signed July 3, 1996.
Act 467 -- Jury Lists
H. 3845 -- Representative Bubba Cromer
Under current law, the State Election Commission receives each November a list of each county's registered drivers and identification card holders which it merges with the county's list of registered voters and turns over to the county each December for use as the list of eligible jurors. This schedule has caused difficulties for clerks of court. In response, this act requires the list of eligible jurors to be compiled every three years rather than annually. Every third year, the Department of Public Safety would be responsible for compiling the driver's license list by September and the State Election Commission would supply the completed list to counties by October.
Signed August 21, 1996
The S.C. General Assembly HOME PAGE
Last Updated: September 21, 2001 at 9:19 AM