S 212 Session 111 (1995-1996)
S 0212 General Bill, By L.E. Richter, Elliott, Giese, Passailaigue and
M.T. Rose
A Bill to amend Section 20-7-390, Code of Laws of South Carolina, 1976,
relating to the definition of a "child", so as to provide that a child means a
person less than sixteen years of age and to amend Sections 20-7-400(A)(3),
20-7-400(B) and Section 20-7-410 to conform to this definition; to amend
Section 20-7-430, Code of Laws of South Carolina, 1976, relating to the
jurisdiction of certain courts over juveniles so as to grant the circuit court
exclusive and original jurisdiction over a child fourteen to fifteen years of
age charged with certain violent crimes for proper criminal proceedings; and
to amend Section 24-19-10(d), Code of Laws of South Carolina, 1976, relating
to definitions in the correction and treatment of youthful offenders, so as to
revise the definition of youthful offender to include those who are under
sixteen years of age and who have been bound over to General Sessions Court.
10/17/94 Senate Prefiled
10/17/94 Senate Referred to Committee on Judiciary
01/10/95 Senate Introduced and read first time SJ-73
01/10/95 Senate Referred to Committee on Judiciary SJ-73
A BILL
TO AMEND SECTION 20-7-390, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE DEFINITION OF A
"CHILD", SO AS TO PROVIDE THAT A CHILD
MEANS A PERSON LESS THAN SIXTEEN YEARS OF AGE
AND TO AMEND SECTIONS 20-7-400(A)(3), 20-7-400(B) AND
SECTION 20-7-410 TO CONFORM TO THIS DEFINITION; TO
AMEND SECTION 20-7-430, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE JURISDICTION OF
CERTAIN COURTS OVER JUVENILES SO AS TO GRANT
THE CIRCUIT COURT EXCLUSIVE AND ORIGINAL
JURISDICTION OVER A CHILD FOURTEEN TO FIFTEEN
YEARS OF AGE CHARGED WITH CERTAIN VIOLENT
CRIMES FOR PROPER CRIMINAL PROCEEDINGS; AND TO
AMEND SECTION 24-19-10(d), CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO DEFINITIONS IN THE
CORRECTION AND TREATMENT OF YOUTHFUL
OFFENDERS, SO AS TO REVISE THE DEFINITION OF
YOUTHFUL OFFENDER TO INCLUDE THOSE WHO ARE
UNDER SIXTEEN YEARS OF AGE AND WHO HAVE BEEN
BOUND OVER TO GENERAL SESSIONS COURT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 20-7-390 of the 1976 Code is amended to
read:
"Section 20-7-390. When used in this article, unless the
context otherwise requires, `child' means a person less than
seventeen sixteen years of age, where the child is
dealt with as a juvenile delinquent. Where the child is dealt with as
a dependent or neglected child the term `child' shall mean a person
under eighteen years of age."
SECTION 2. Sections 20-7-400(A)(3) and 20-7-400(B) of the
1976 Code are amended to read:
"(3) Concerning any child seventeen
sixteen 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 state or
local law or municipal ordinance prior to having become
seventeen sixteen years of age and such person shall
be dealt with under the provisions of this chapter relating to
children.
(B) Whenever the court has acquired the jurisdiction of any
child under seventeen sixteen 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 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 birthday of the
child."
SECTION 3. Section 20-7-410 of the 1976 Code is amended to
read:
"Section 20-7-410. The magistrate courts and municipal
courts of this State have concurrent jurisdiction with the family
courts for the trial of persons under seventeen
sixteen years of age charged with traffic violations or
violations of the provisions of Title 50 relating to fish, game, and
watercraft when these courts would have jurisdiction of the offense
charged if committed by an adult.
The family court shall report to the Department of Public Safety
all adjudications of a juvenile for moving traffic violations and
other violations that affect the juvenile's privilege to operate a
motor vehicle including, but not limited to, controlled substance and
alcohol violations as required by other courts of this State pursuant
to Section 56-1-330 and shall report to the Department of Natural
Resources adjudications of the provisions of Title 50."
SECTION 4. Section 20-7-430 of the 1976 Code is amended to
read:
"Section 20-7-430. Jurisdiction over a case involving a
juvenile may be transferred in the following instances:
(1) If, during the pendency of a criminal or quasi-criminal
charge against any minor in a circuit court of this State, it shall be
ascertained that the minor was under the age of seventeen
sixteen years at the time of committing the alleged offense,
it shall be the duty of such court forthwith to transfer the case,
together with all the papers, documents, and testimony connected
therewith, 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 such other instances as
are provided herein. The court making such transfer shall order
the minor to be taken forthwith to the place of detention designed
by the court or to that court itself, or shall release such minor to the
custody of some suitable person to be brought before the court at a
time designated. The court shall then proceed as provided in this
article. Notwithstanding any other provision of law, the provisions
of this section shall be applicable to all offenses embraced therein,
irrespective of whether such offenses may be directed solely at
children coming within the scope of this article and shall likewise
be applicable to such offenses as shall be created in the future
unless the General Assembly shall specifically otherwise direct.
(2) Whenever a person is brought before a magistrate or city
recorder and, in the opinion of the magistrate or city recorder, the
person should be brought to the family court of competent
jurisdiction under the provisions of this section, the magistrate or
city recorder shall thereupon transfer such case to the family court
and direct that the persons involved be taken thereto.
(3) When an action is brought in any county court or circuit
court which, in the opinion of the judge thereof, falls within
court other than the family court, and in the opinion of the
judge of such court in which the action is brought, such action falls
within the jurisdiction of the family court, he may transfer the
action thereto upon his own motion or the motion of any party.
(4) If a child less than sixteen years of age or
older is charged with an offense which would be a
misdemeanor or felony if committed by an adult and if the court,
after full investigation, deems it contrary to the best interest of such
child or of the public to retain jurisdiction, the court may, in its
discretion, acting as committing magistrate, bind over such child for
proper criminal proceedings to any court which would have trial
jurisdiction of such offense if committed by an adult.
(5) If a child fourteen or fifteen years of age who has two
prior and unrelated adjudications of assault, assault and battery with
intent to kill, assault and battery of a high and aggravated nature,
arson, housebreaking, burglary, kidnapping, attempted criminal
sexual conduct or robbery and is currently charged with a third or
subsequent such offense, the court may after full investigation and
hearing, if it deems it contrary to the best interest of such child or
of the public to retain jurisdiction, acting as committing magistrate,
bind over such child for proper criminal proceedings to any court
which would have trial jurisdiction of such offenses if committed
by an adult.
(5) If a child fourteen or fifteen years of age is charged
with the offense of murder, manslaughter, assault and battery with
intent to kill, assault and battery of a high and aggravated nature,
armed robbery, kidnapping, or criminal sexual conduct in any
degree, the circuit court shall have exclusive jurisdiction. If the
circuit court deems it contrary to the best interest of the child or of
the public to retain jurisdiction, the court shall issue an order to that
effect relinquishing jurisdiction to the family court.
(6) Within thirty days after the filing of a petition in the family
court alleging the that a child under fourteen
years of age has committed the offense of murder or
criminal sexual conduct, murder, manslaughter, assault and
battery with intent to kill, assault and battery of a high and
aggravated nature, armed robbery, kidnapping, or criminal sexual
conduct in any degree 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 article. 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 or when the circuit court has jurisdiction over a child
and the child is bound over to be treated as an adult, the provisions
of Section 20-7-780 dealing with the confidentiality of identity and
fingerprints will not be applicable.
(8) When jurisdiction is relinquished by the family court in
favor of another court or when the circuit court has jurisdiction
over a child, the such 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 or fifteen years of age or
older is charged with a violation of Section 16-23-430(1) or
Section 44-53-445, the court may 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,
bind over the child for proper criminal proceedings to a court which
would have trial jurisdiction of the offenses if committed by an
adult."
SECTION 5. Section 24-19-10(d) of the 1976 Code is amended
to read:
"(d) `Youthful offender' means all male and female
offenders an offender who are seventeen is
under sixteen years of age and has been bound over for proper
criminal proceedings to the court of general sessions pursuant to
Section 20-7-430 or who is under sixteen years of age at the
commission of the act but less than twenty-five years of age at
the time of conviction."
SECTION 6. This act takes effect upon approval by the
Governor.
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