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The following Bill was taken up.

H. 3653 -- Reps. Cato, H. Brown, G. Brown, Neilson, Bailey, A. Young, Knotts, Meacham, Davenport, Simrill, Shissias, Cooper, Wright, Jennings, Spearman, Marchbanks and Harrison: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR VEHICLE LIABILITY POLICY".

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 23, by the Committee on Labor, Commerce and Industry.

Rep. CATO explained the amendment.

Rep. WALKER objected to the Bill.

Rep. CATO continued speaking.

Reps. FLEMING, INABINETT, MASON and PHILLIPS objected to the Bill.

The following Bill was taken up.

H. 3843 -- Reps. Cromer, J. Brown and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3910 SO AS TO PROHIBIT PERSONS UNDER FIFTEEN YEARS OF AGE FROM STANDING OR SITTING IN THE OPEN BED OF A PICKUP TRUCK OR TRAILER UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES.

Reps. FLEMING, COOPER, SHARPE, RHOAD and WITHERSPOON objected to the Bill.

The following Bill was taken up.

S. 180 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS TO BE HELD BY VIDEO CAMERA AND TO PROMULGATE CERTAIN REGULATIONS, ALLOW THE VICTIM OF THE CRIME FOR WHICH A PRISONER HAS BEEN SENTENCED TO SUBMIT ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY AT THE PRISONER'S PAROLE HEARING INFORMATION FOR CONSIDERATION BY THE BOARD OF PROBATION, PAROLE AND PARDON, ALLOW THE SAME PROCEDURE FOR THE PROSECUTING SOLICITOR, REQUIRE THE BOARD TO CONSIDER, IN MAKING ITS DETERMINATION REGARDING PAROLE FOR A PRISONER, MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING SUBMITTED BY THE PERSON WHOSE PAROLE IS BEING CONSIDERED AND MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY SUBMITTED BY THE PROSECUTING SOLICITOR OR THE VICTIM OR BOTH, AND PROVIDE FOR RELATED MATTERS AND DETAILS CONCERNING SUCH FILM, VIDEO TAPE, OTHER ELECTRONIC INSTRUMENT, OR RECORDING ALLOWED BY THIS SECTION; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO INSTALL AND USE A CLOSED CIRCUIT TELEVISION SYSTEM IN EACH

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 23, by the Committee on Medical, Military, Public and Municipal Affairs.

Rep. WALDROP explained the amendment.

The amendment was then adopted.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.

Rep. SHARPE moved that the House recur to the morning hour, which was agreed to.

The following was introduced:

H. 4246 -- Reps. R. Smith, Clyburn, Mason, Sharpe and Huff: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE OUTSTANDING SERVICE OF MELANIE W. HUTTO ON THE OCCASION OF HER RETIREMENT FROM THE AIKEN COUNTY CONSOLIDATED SCHOOL DISTRICT AND WISHING FOR HER MANY HAPPY AND FULFILLING YEARS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

Debate was resumed on the following Bill, the pending question being the consideration of amendments.

S. 180 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS TO BE HELD BY VIDEO CAMERA AND TO PROMULGATE CERTAIN REGULATIONS, ALLOW THE VICTIM OF THE CRIME FOR WHICH A PRISONER HAS BEEN SENTENCED TO SUBMIT ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY AT THE PRISONER'S PAROLE HEARING INFORMATION FOR CONSIDERATION BY THE BOARD OF PROBATION, PAROLE AND PARDON, ALLOW THE SAME PROCEDURE FOR THE PROSECUTING SOLICITOR, REQUIRE THE BOARD TO CONSIDER, IN MAKING ITS DETERMINATION REGARDING PAROLE FOR A PRISONER, MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING SUBMITTED BY THE PERSON WHOSE PAROLE IS BEING CONSIDERED AND MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY SUBMITTED BY THE PROSECUTING SOLICITOR OR THE VICTIM OR BOTH, AND PROVIDE FOR RELATED MATTERS AND DETAILS CONCERNING SUCH FILM, VIDEO TAPE, OTHER ELECTRONIC INSTRUMENT, OR RECORDING ALLOWED BY THIS SECTION; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO INSTALL AND USE A CLOSED CIRCUIT TELEVISION SYSTEM IN EACH CORRECTIONAL INSTITUTION OF THE DEPARTMENT THAT HAS PERSONS ELIGIBLE FOR PAROLE, AND REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO INSTALL AND USE THE SAME SYSTEM AT THE PRINCIPAL OFFICE OF THE DEPARTMENT, FOR THE PURPOSE OF THE CONDUCT OF PAROLE HEARINGS BY MEANS OF A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM, AND REQUIRE THAT PAROLE HEARINGS BE CONDUCTED BY MEANS OF THIS SYSTEM.

Amend the Report of the Committee on Medical, Military, Public and Municipal Affairs, as and if amended, Section 23-21-710(A), SECTION 1, page 180-2, line 4, by striking /may/ and inserting /must/.

Amend further, Section 24-21-710, page 180-2, by adding an appropriately lettered subsection to read:

/ ( ) The Board of Probation, Parole, and Pardon Services is not required to install, maintain, or operate film, videotape, or other electronic equipment to record a victim's testimony to be presented to the board. /

Renumber subsections to conform.

Amend title to conform.

Rep. TRIPP explained the amendment.

Rep. WALDROP moved to table the amendment.

Rep. TRIPP demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Anderson         Breeland         Byrd
Cave             Cromer           Dantzler
Hallman          Harris, J.       Harris, P.
Howard           Jennings         Kennedy
Keyserling       Lloyd            McMahand
Moody-Lawrence   Richardson       Scott
Sheheen          Shissias         Stoddard
Stuart           Tucker           Waldrop
Whatley          Whipper, L.      White
Wilder           Williams

Those who voted in the negative are:

Allison          Askins           Bailey
Brown, G.        Cain             Cato
Chamblee         Clyburn          Cooper

Cotty            Davenport        Delleney
Easterday        Fair             Fleming
Gamble           Harrell          Haskins
Hodges           Huff             Hutson
Inabinett        Jaskwhich        Keegan
Kelley           Klauber          Knotts
Koon             Lanford          Limehouse
Marchbanks       Mason            McCraw
McKay            Neilson          Phillips
Quinn            Rhoad            Rice
Riser            Robinson         Sandifer
Seithel          Sharpe           Simrill
Smith, D.        Smith, R.        Spearman
Stille           Thomas           Tripp
Trotter          Walker           Whipper, S.
Wilkes           Wofford          Wright
Young, A.

So, the House refused to table the amendment.

Rep. SCOTT moved to adjourn debate upon the Bill.

Rep. TRIPP moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Allison          Askins           Bailey
Brown, G.        Cain             Chamblee
Clyburn          Cooper           Cotty
Dantzler         Davenport        Easterday
Fair             Fleming          Gamble
Hallman          Harrell          Haskins
Hodges           Huff             Jaskwhich
Jennings         Keegan           Kelley
Klauber          Knotts           Koon
Limehouse        Mason            Neilson
Phillips         Quinn            Rhoad
Rice             Richardson       Riser

Robinson         Seithel          Sharpe
Simrill          Smith, R.        Spearman
Stoddard         Stuart           Thomas
Tripp            Trotter          Walker
Wells            Whatley          Whipper, S.
Wilkes           Witherspoon      Wofford
Wright           Young, A.        Young, J.

Those who voted in the negative are:

Anderson         Baxley           Breeland
Byrd             Cave             Cromer
Delleney         Hines            Inabinett
Keyserling       Lloyd            McMahand
Moody-Lawrence   Scott            Sheheen
Shissias         Tucker           Whipper, L.
White            Williams

So, the motion to adjourn debate was tabled.

Reps. ANDERSON, McMAHAND, L. WHIPPER, KENNEDY, WILLIAMS, TRIPP, HINES, LIMEHOUSE, J. YOUNG and KNOTTS objected to the Bill.

The following Bill was taken up.

S. 362 -- Senators Cork, Washington, Lander and Elliott: A BILL TO AMEND CHAPTER 5 OF TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO CREATE A RESERVE DETENTION OFFICER PROGRAM, AND TO DESIGNATE SECTIONS 24-5-10 THROUGH 24-5-170 AS ARTICLE 1, CHAPTER 5 OF TITLE 24.

Rep. WALDROP explained the Bill.

Rep. COOPER objected to the Bill.

Rep. WALDROP continued speaking.

The Bill was read the second time and ordered to third reading.

The following Bill was taken up.

S. 96 -- Senators McConnell, Rose, Wilson, Giese and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-175 SO AS TO PROVIDE THAT A MOTOR VEHICLE USED AND OWNED BY A PERSON IN THE THEFT OF PROPERTY MAY BE CONFISCATED.

Reps. SCOTT, INABINETT, HINES, WITHERSPOON, MOODY-LAWRENCE and KNOTTS objected to the Bill.

The following Bill was taken up.

S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4050CM.95), which was adopted.

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/SECTION __. Section 16-25-60 of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:

"Section 16-25-60. (A) Unless the complaint is voluntarily dismissed or the charge is dropped prior to the scheduled trial date, a person charged with a violation provided in this chapter shall appear before a judge for disposition of the case.

(B) When a person is convicted of a violation of Section 16-25-20 or 16-25-50, the court may suspend the imposition or execution of all or part of the sentence conditioned upon the participation of the offender

(C) When a person is convicted of a violation of Section 16-25-40 or 16-25-65, the court may suspend execution of all or part of the sentence and place the offender on probation, conditioned upon:

(1) the participation of the offender completing, to the satisfaction of the court, in a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling;

(2) fulfillment of all the obligations arising under court order pursuant to Section 20-4-60 and this section;

(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.

(D) In determining whether or not to suspend the imposition or execution of all or part of a sentence as provided in this section, the court must consider the nature and severity of the offense, the number of times the offender has repeated the offense, and the best interests and safety of the victim. A court may require an offender to pay for participation in a program or treatment or counseling as an appropriate term or condition for suspending the imposition or execution of all or part of a sentence."

SECTION __. Section 20-4-70 of the 1976 Code is amended to read:

"Section 20-4-70. (A) Any An order of protection issued under subsection (a) of Section 20-4-60 shall must be for a fixed time not to exceed six months, but of a minimum of six months not to exceed one year unless the parties have reconciled as evidenced by an order of dismissal and may be extended by order of the court upon motion by the petitioner, showing good cause, with notice to the respondent. A respondent shall have has the right to a hearing on the extension of an order issued pursuant to this section within thirty days of the date upon which the order will expire.

(B) Any Provisions included in an order of protection granting relief pursuant to Section 20-4-60(c) shall dissolve without motion sixty days must be enforced until further order of the court following the issuance of such the order unless, prior to before the expiration of such the period, the court has scheduled a hearing pursuant to the filing of an action for divorce or separate support and maintenance to determine the temporary rights and obligations of the parties with respect to support of a spouse or children, custody and visitation, or the distribution of personal property. If such the hearing has been scheduled, relief granted under Section

(C) The Family Court may modify the terms of any order issued under this section.

(D) Any An order of protection issued by a magistrate shall expire expires as provided under the terms of the order or upon the issuance of a subsequent order by the Family Court, whichever occurs first."

SECTION __. The 1976 Code is amended by adding:

"Section 56-5-2780. (A) A driver of a vehicle violating Section 56-5-2770(a) or (e) is guilty of a misdemeanor and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a first offense must be fined not less than one thousand five hundred dollars or imprisoned not more than thirty days. In lieu of imprisonment, the court may require that the individual complete an appropriate term of community service of not fewer than ten days upon terms and conditions the court considers proper. Upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a second or subsequent violation of Section 56-5-2770(a) or (e), a person is guilty of a misdemeanor and must be fined not less than two thousand dollars or more than five thousand dollars or imprisoned for not fewer than thirty days and not more than sixty days.

(B) If a driver of a vehicle violates Section 56-5-2770(a) or (e), and the violation proximately causes great bodily injury or death to a pedestrian, the person is guilty of a felony and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bond, the person must be:

(1) fined not less than five thousand dollars or more than ten thousand dollars and imprisoned for not less than sixty days or more than one year when great bodily injury results;

(2) fined not less than ten thousand dollars or more than twenty-five thousand dollars and imprisoned for not less than one year or more than five years when death results.

As used in this subsection, `great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

The department shall suspend the driver's license of a person who is convicted or who receives a sentence upon a plea of guilty or nolo contendere pursuant to this subsection for the term of imprisonment plus one year."

SECTION __. Section 56-5-2775 of the 1976 Code, as last amended by Act 399 of 1992, is further amended to read:

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