Reference is to Introduced Version.
Amend the bill, as and if amended, by striking all after the title and inserting:
/Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 63-3-510 of the 1976 Code is amended to read:
"Section 63-3-510.
(A) Except as otherwise provided
herein, the court shall have exclusive original jurisdiction and
shall be the sole court for initiating action:
(1)
Concerning any child living or found within the
geographical limits of its jurisdiction:
(a)
who is neglected as to proper or necessary support or
education as required by law, or as to medical, psychiatric,
psychological, or other care necessary to his well-being,
or who is abandoned by his parent or other custodian;
(b)
whose occupation, behavior, condition, environment,
or associations are such as to injure or endanger his welfare or
that of others;
(c)
who is beyond the control of his parent or other
custodian;
(d)
who is alleged to have violated or attempted to violate
any state or local law or municipal ordinance, regardless of
where the violation occurred except as provided in Section
63-3-520;
(e)
whose custody is the subject of controversy, except in
those cases where the law now gives other courts concurrent
jurisdiction. In the consideration of these cases, the court
shall have concurrent jurisdiction to hear and determine the
issue of custody and support.
(2)
For the treatment or commitment to any mental institution
of a mentally defective or mentally disordered or emotionally
disturbed child. Provided, that nothing herein is intended to
conflict with the authority of probate courts in dealing with
mental cases.
(3)
Concerning any child seventeen person
eighteen years of age or over, living or found within the
geographical limits of the court's jurisdiction, alleged to have
violated or attempted to violate any state or local law or
municipal ordinance prior to having become
seventeen eighteen years of age and such
person shall be dealt with under the provisions of this title
relating to children.
(4)
For the detention of a juvenile in a juvenile detention
facility who is charged with committing a criminal offense when
detention in a secure facility is found to be necessary pursuant
to the standards set forth in Section 63-19-820 and when the
facility exists in, or is otherwise available to, the county in
which the crime occurred.
(B) Whenever the court
has acquired the jurisdiction of any child under
seventeen eighteen years of age,
jurisdiction continues so long as, in the judgment of the court,
it may be necessary to retain jurisdiction for the correction or
education of the child, but jurisdiction shall terminate when
the child attains the age of twenty-one
twenty-two years. Any child who has been adjudicated
delinquent and placed on probation by the court remains under
the authority of the court only until the expiration of the
specified term of his probation. This specified term of
probation may expire before but not after the
eighteenth twentieth birthday of the
child."
SECTION 2. Section 63-19-20(1) of the 1976 Code is amended to read:
"(1) 'Child' or
'juvenile' means a person less than seventeen
eighteen years of age. 'Child' or 'juvenile' does not
mean a person sixteen 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. However,
a person sixteen 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 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 3. Section 63-19-1030(B) of the 1976 Code is amended to read:
"(B) The petition
and all subsequent court documents must be entitled:
'In the Family Court of __________
County.
In the Interest of __________, a child
under seventeen eighteen years of
age.'
The petition must be verified and may be
upon information and belief. It shall set forth plainly:
(1)
the facts which bring the child within the purview of this
chapter;
(2)
the name, age, and residence of the child;
(3)
the names and residences of the child's parents;
(4)
the name and residence of a legal guardian, if there is
one, of the person or persons having custody of or control of
the child, or of the nearest known relative if no parent or
guardian can be found. If any of these facts are not known by
the petitioner, the petition shall state that."
SECTION 4. Section 63-19-1210 of the 1976 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 seventeen
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
sixteen 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, or 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 petition in the family court alleging the
child has committed the offense of murder or 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 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 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) When jurisdiction
is relinquished by the family court in favor of another court,
the 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) If a child fourteen
years of age or older is charged with a violation of Section
16-23-430(1), Section 16-23-20, assault and battery of a
high and aggravated nature, 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 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,
shall 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 5. Section 63-19-1410(A) of the 1976 Code is amended to read:
"(A) When a child
is found by decree of the court to be subject to this chapter,
the court shall in its decree make a finding of the facts upon
which the court exercises its jurisdiction over the child.
Following the decree, the court by order may:
(1)
cause a child concerning whom a petition has been filed to
be examined or treated by a physician, psychiatrist, or
psychologist and for that purpose place the child in a hospital
or other suitable facility;
(2)
order care and treatment as it considers best, except as
otherwise provided in this section and may designate a state
agency as the lead agency to provide a family assessment to the
court. The assessment shall include, but is not limited to, the
strengths and weaknesses of the family, problems interfering
with the functioning of the family and with the best interests
of the child, and recommendations for a comprehensive service
plan to strengthen the family and assist in resolving these
issues.
The lead agency shall provide the family
assessment to the court in a timely manner, and the court shall
conduct a hearing to review the proposed plan and adopt a plan
as part of its order that will best meet the needs and best
interest of the child. In arriving at a comprehensive plan, the
court shall consider:
(a)
additional testing or evaluation that may be needed;
(b)
economic services including, but not limited to,
employment services, job training, food stamps, and aid to
families with dependent children;
(c)
counseling services including, but not limited to, marital
counseling, parenting skills, and alcohol and drug abuse
counseling; and
(d)
any other programs or services appropriate to the child's
and family's needs.
The lead agency is responsible for
monitoring compliance with the court-ordered plan and shall
report to the court as the court requires. In support of an
order, the court may require the parents or other persons having
custody of the child or any other person who has been found by
the court to be encouraging, causing, or contributing to the
acts or conditions which bring the child within the purview of
this chapter to do or omit to do acts required or forbidden by
law, when the judge considers the requirement necessary for the
welfare of the child. In case of failure to comply with the
requirement, the court may proceed against those persons for
contempt of court;
(3)
place the child on probation or under supervision in the
child's own home or in the custody of a suitable person
elsewhere, upon conditions as the court may determine. A child
placed on probation by the court remains under the authority of
the court only until the expiration of the specified term of the
child's probation. This specified term of probation may expire
before but not after the eighteenth
twentieth birthday of the child. Probation means
casework services during a continuance of the case. Probation
must not be ordered or administered as punishment but as a
measure for the protection, guidance, and well-being of the
child and the child's family. Probation methods must be
directed to the discovery and correction of the basic causes of
maladjustment and to the development of the child's personality
and character, with the aid of the social resources of the
community. As a condition of probation, the court may order the
child to participate in a community mentor program as provided
for in Section 63-19-1430. The court may impose monetary
restitution or participation in supervised work or community
service, or both, as a condition of probation. The Department
of Juvenile Justice, in coordination with local community
agencies, shall develop and encourage employment of a
constructive nature designed to make reparation and to promote
the rehabilitation of the child. When considering the
appropriate amount of monetary restitution to be ordered, the
court shall establish the monetary loss suffered by the victim
and then weigh and consider this amount against the number of
individuals involved in causing the monetary loss, the child's
particular role in causing this loss, and the child's ability to
pay the amount over a reasonable period of time. The Department
of Juvenile Justice shall develop a system for the transferring
of court-ordered restitution from the child to the victim or
owner of property injured, destroyed, or stolen. As a condition
of probation the court may impose upon the child a fine not
exceeding two hundred dollars when the offense is one in which a
magistrate, municipal, or circuit court judge has the authority
to impose a fine. A fine may be imposed when commitment is
suspended but not in addition to commitment;
(4)
order the child to participate in a community mentor
program as provided in Section 63-19-1430;
(5)
commit the child to the custody or to the guardianship of
a public or private institution or agency authorized to care for
children or to place them in family homes or under the
guardianship of a suitable person. Commitment must be for an
indeterminate period but in no event beyond the child's
twenty-first twenty-second birthday;
(6)
require that a child under twelve years of age who is
adjudicated delinquent for an offense listed in Section
23-3-430(C) be given appropriate psychiatric or psychological
treatment to address the circumstances of the offense for which
the child was adjudicated; and
(7)
dismiss the petition or otherwise terminate its
jurisdiction at any time on the motion of either party or on its
own motion."
SECTION 6. Section 63-19-1420 of the 1976 Code is amended to read:
"Section 63-19-1420.
(A) If a child is adjudicated
delinquent for a status offense or is found in violation of a
court order relating to a status offense, the court may suspend
or restrict the child's driver's license until the child's
seventeenth eighteenth birthday.
(B) If a child is
adjudicated delinquent for violation of a criminal offense or is
found in violation of a court order relating to a criminal
offense or is found in violation of a term or condition of
probation, the court may suspend or restrict the child's
driver's license until the child's eighteenth
twentieth birthday.
(C) If the court
suspends the child's driver's license, the child must submit the
license to the court, and the court shall forward the license to
the Department of Motor Vehicles for license suspension.
However, convictions not related to the operation of a motor
vehicle shall not result in increased insurance premiums.
(D) If the court
restricts the child's driver's license, the court may restrict
the child's driving privileges to driving only to and from
school or to and from work or as the court considers
appropriate. Upon the court restricting a child's driver's
license, the child must submit the license to the court and the
court shall forward the license to the Department of Motor
Vehicles for reissuance of the license with the restriction
clearly noted.
(E) Notwithstanding the
definition of a 'child' as provided for in Section 63-19-20, the
court may suspend or restrict the driver's license of a child
under the age of seventeen until the child's eighteenth birthday
if subsection (B) applies.
(F) Upon suspending or
restricting a child's driver's license under this section, the
family court judge shall complete a form provided by and which
must be remitted to the Department of Motor Vehicles."
SECTION 7. Section 63-19-1440 of the 1976 Code, as last amended by Act 227 of 2012, is further amended to read:
"Section 63-19-1440.
(A) A child, after the child's twelfth
birthday and before the seventeenth
eighteenth birthday or while under the jurisdiction of
the family court for disposition of an offense that occurred
prior to the child's seventeenth
eighteenth birthday, may be committed to the custody of
the Department of Juvenile Justice which shall arrange for
placement in a suitable corrective environment. Children under
the age of twelve years may be committed only to the custody of
the department which shall arrange for placement in a suitable
corrective environment other than institutional confinement. No
child under the age of seventeen
eighteen years may be committed or sentenced to any other
penal or correctional institution of this State.
(B) All commitments to
the custody of the Department of Juvenile Justice for
delinquency as opposed to the conviction of a specific crime may
be made only for the reasons and in the manner prescribed in
Sections 63-3-510, 63-3-520, 63-3-580, 63-3-600, 63-3-650, and
this chapter, with evaluations made and proceedings conducted
only by the judges authorized to order commitments in this
section. When a child is committed to the custody of the
department, commitment must be for an indeterminate sentence,
not extending beyond the twenty-first
twenty-second birthday of the child unless sooner
released by the department, or for a determinate commitment
sentence not to exceed ninety days.
(C) The court, before
committing a child as a delinquent or as a part of a sentence
including commitments for contempt, shall order a community
evaluation or temporarily commit the child to the Department of
Juvenile Justice for not more than forty-five days for
evaluation. A community evaluation is equivalent to a
residential evaluation, but it is not required to include all
components of a residential evaluation. However, in either
evaluation the department shall make a recommendation to the
court on the appropriate disposition of the case and shall
submit that recommendation to the court before final
disposition. The department is authorized to allow any child
adjudicated delinquent for a status offense, a misdemeanor
offense, or violation of probation or contempt for any offense
who is temporarily committed to the department's custody for a
residential evaluation, to reside in that child's home or in his
home community while undergoing a community evaluation, unless
the committing judge finds and concludes in the order for
evaluation, that a community evaluation of the child must not be
conducted because the child presents an unreasonable flight or
public safety risk to his home community. The court may waive
in writing the evaluation of the child and proceed to issue
final disposition in the case if the child:
(1)
has previously received a residential evaluation or a
community evaluation and the evaluation is available to the
court;
(2)
has been within the past year temporarily or finally
discharged or conditionally released for parole from a
correctional institution of the department, and the child's
previous evaluation or other equivalent information is available
to the court; or
(3)
receives a determinate commitment sentence not to exceed
ninety days.
(D) When a juvenile is
adjudicated delinquent or convicted of a crime or has entered a
plea of guilty or nolo contendere in a court authorized to
commit to the custody of the Department of Juvenile Justice, the
juvenile may be committed for an indeterminate period until the
juvenile has reached age twenty-one
twenty-two or until sooner released by the releasing
entity or released by order of a judge of the Supreme Court or
the circuit court of this State, rendered at chambers or
otherwise, in a proceeding in the nature of an application for a
writ of habeas corpus. A juvenile who has not been paroled or
otherwise released from the custody of the department by the
juvenile's nineteenth birthday must be transferred to the
custody and authority of the Youthful Offender Division of the
Department of Corrections. If not sooner released by the
releasing entity, the juvenile must be released by age
twenty-one twenty-two according to the
provisions of the juvenile's commitment; however,
notwithstanding the above provision, any juvenile committed as
an adult offender by order of the court of general sessions must
be considered for parole or other release according to the laws
pertaining to release of adult offenders.
(E) A juvenile
committed to the Department of Juvenile Justice following an
adjudication for a violent offense contained in Section 16-1-60
or for the offense of assault and battery of a high and
aggravated nature, who has not been paroled or released from the
custody of the department by his seventeenth
eighteenth birthday must be transferred to the custody
and authority of the Youthful Offender Division of the
Department of Corrections. A juvenile who has not been paroled
or released from the custody of the department by his nineteenth
birthday must be transferred to the custody and authority of the
Youthful Offender Division of the Department of Corrections at
age nineteen. If not released sooner by the Board of Juvenile
Parole, a juvenile transferred pursuant to this subsection must
be released by his twenty-first
twenty-second birthday according to the provisions of his
commitment. Notwithstanding the above provision, a juvenile
committed as an adult offender by order of the court of general
sessions must be considered for parole or other release
according to the laws pertaining to release of adult
offenders.
(F) Notwithstanding
subsections (A) and (E), a child may be committed to the custody
of the Department of Juvenile Justice or to a secure evaluation
center operated by the department for a determinate period not
to exceed ninety days when:
(1)
the child has been adjudicated delinquent by a family
court judge for a status offense, as defined in Section
63-19-20, excluding truancy, and the order acknowledges that the
child has been afforded all due process rights guaranteed to a
child offender;
(2)
the child is in contempt of court for violation of a court
order to attend school or an order issued as a result of the
child's adjudication of delinquency for a status offense, as
defined in Section 63-19-20; or
(3) the child is
determined by the court to have violated the conditions of
probation set forth by the court in an order issued as a result
of the child's adjudication of delinquency for a status offense,
as defined in Section 63-19-20 including truancy.
Orders issued pursuant
to this subsection must acknowledge:
(a)
that the child has been advised of all due process rights
afforded to a child offender; and
(b)
that the court has received information from the
appropriate state or local agency or public entity that has
reviewed the facts and circumstances causing the child to be
before the court.
(G) A child committed
under this section may not be confined with a child who has been
determined by the department to be violent.
(H) After having served
at least two-thirds of the time ordered by a court, a child
committed to the Department of Juvenile Justice for a
determinate period pursuant to this section may be released by
the department prior to the expiration of the determinate period
for 'good behavior' as determined by the department. The court,
in its discretion, may state in the order that the child is not
to be released prior to the expiration of the determinate period
ordered by the court.
(I) Juveniles detained
in any temporary holding facility or juvenile detention center
or who are temporarily committed for evaluation to a Department
of Juvenile Justice evaluation center for the offense for which
they were subsequently committed by the family court to the
custody of the Department of Juvenile Justice shall receive
credit toward their parole guidelines, if indeterminately
sentenced, or credit toward their date of release, if
determinately sentenced, for each day they are detained in or
temporarily committed to any secure pre-dispositional facility,
center, or program."
SECTION 8. Section 63-19-1850(A) of the 1976 Code, as last amended by Act 151 of 2010, is further amended to read:
"(A) A juvenile
who shall have been conditionally released from a correctional
facility shall remain under the authority of the releasing
entity until the expiration of the specified term imposed in the
juvenile's conditional aftercare release. The specified period
of conditional release may expire before but not after the
twenty-first twenty-second birthday of
the juvenile. Each juvenile conditionally released is subject
to the conditions and restrictions of the release and may at any
time on the order of the releasing entity be returned to the
custody of a correctional institution for violation of aftercare
rules or conditions of release. The conditions of release must
include the requirement that the juvenile parolee must permit
the search or seizure, without a search warrant, with or without
cause, of the juvenile parolee's person, any vehicle the
juvenile parolee owns or is driving, and any of the juvenile
parolee's possessions by:
(1)
his aftercare counselor;
(2)
any probation agent employed by the Department of
Probation, Parole and Pardon Services; or
(3)
any other law enforcement officer.
However, the conditions of release of a
juvenile parolee who was adjudicated delinquent of a Class C
misdemeanor or an unclassified misdemeanor that carries a term
of imprisonment of not more than one year may not include the
requirement that the juvenile parolee agree to be subject to
search or seizure, without a search warrant, with or without
cause, of the juvenile parolee's person, any vehicle the
juvenile parolee owns or is driving, or any of the juvenile
parolee's possessions.
By enacting this provision, the General
Assembly intends to provide law enforcement with a means of
reducing recidivism and does not authorize law enforcement
officers to conduct searches for the sole purpose of harassment.
Immediately before each search or seizure conducted pursuant to
this subsection, the law enforcement officer seeking to conduct
the search or seizure must verify with the Department of
Probation, Parole and Pardon Services or by any other means
available to the officer that the individual upon whom the
search or seizure will be conducted is currently on parole or
probation or that the individual is currently subject to the
provisions of his conditional release. A law enforcement
officer conducting a search or seizure without a warrant
pursuant to this subsection shall report to the law enforcement
agency that employs him all of these searches or seizures, which
shall include the name, address, age, gender, and race or
ethnicity of the person that is the subject of the search or
seizure. The law enforcement agency shall submit this
information at the end of each month to the Department of
Probation, Parole and Pardon Services for review of abuse. A
finding of abuse of the use of searches or seizures without a
search warrant must be reported by the Department of Probation,
Parole and Pardon Services to the State Law Enforcement Division
for investigation. If the law enforcement officer fails to
report each search or seizure pursuant to this subsection, he is
subject to discipline pursuant to the employing agency's
policies and procedures."
SECTION 9. Section 63-19-2050(C) of the 1976 Code, as last amended by Act 22 of 2015, is further amended to read:
"(C)(1) If the
person has been taken into custody for, charged with, or
adjudicated delinquent for having committed a status offense,
the court shall grant the expungement order. If the person has
been taken into custody for, charged with, or adjudicated
delinquent for having committed multiple status offenses, the
court may grant an expungement order for the multiple status
offenses.
(2)
If the person has been taken into custody for, charged
with, or adjudicated delinquent for having committed a
nonviolent crime, as defined in Section 16-1-70, the court may
grant the expungement order.
(3)
The court shall not grant the expungement order unless the
court finds that the person is at least
seventeen eighteen years of age, has
successfully completed any dispositional sentence imposed, has
not been subsequently adjudicated for or convicted of any
criminal offense, and does not have any criminal charges pending
in family court or general sessions court. If the person was
found not guilty in an adjudicatory hearing in the family court,
the court shall grant the expungement order regardless of the
person's age and the person must not be charged a fee for the
expungement. An adjudication for a violent crime, as defined in
Section 16-1-60, must not be expunged."
SECTION 10. South Carolina Court Administration shall consult with the South Carolina Commission on Indigent Defense, South Carolina Commission on Prosecution Coordination, South Carolina Department of Corrections, South Carolina Department of Juvenile Justice, and South Carolina Department of Probation, Parole and Pardon Services to determine data and statistics that should be collected relevant to determining the fiscal and revenue impact of this act. All state and local agencies and courts shall collect the relevant data and statistics from July 1, 2016, through June 30, 2017, and transmit the data and statistics to court administration pursuant to court administration's instructions. Court Administration shall collect the relevant data and statistics and make a report to the General Assembly by September 1, 2017.
SECTION 11. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 12. Section 10 of this act takes effect upon approval by the Governor. Sections 1 through 9 and Section 11 of this act take effect on July 1, 2019. /
Renumber sections to conform.
Amend title to conform.