H*3535(Rat #0277, Act #0257 of 1996)  General Bill, By Delleney, J.M. Baxley, 
J.L. Harris, Harrison, Knotts, Littlejohn, L.M. Martin, Sheheen, P.H. Thomas, 
D.A. Wright and Young-Brickell

Similar(S 576)
 A Bill to amend Section 20-7-430, as amended, Code of Laws of South Carolina,
 1976, relating to transfer of juvenile jurisdiction, so as to require the
 family court to transfer jurisdiction of a child fourteen years of age or
 older if the child has been charged with an offense that, if committed by an
 adult, would provide for a term of imprisonment for ten years or more and the
 child has two prior adjudications for offenses carrying the same sentence, and
 to define a second adjudication or conviction.-amended title

   02/08/95  House  Introduced and read first time HJ-11
   02/08/95  House  Referred to Committee on Judiciary HJ-12
   04/05/95  House  Committee report: Favorable with amendment
                     Judiciary HJ-4
   04/12/95  House  Objection by Rep. Howard & Scott HJ-69
   04/12/95  House  Amended HJ-69
   04/12/95  House  Read second time HJ-69
   04/12/95  House  Objection withdrawn by Rep. Scott & Howard HJ-72
   04/18/95  House  Read third time and sent to Senate HJ-16
   04/19/95  Senate Introduced and read first time SJ-5
   04/19/95  Senate Referred to Committee on Judiciary SJ-5
   03/06/96  Senate Committee report: Favorable Judiciary SJ-22
   03/07/96  Senate Read second time SJ-18
   03/12/96  Senate Read third time and enrolled SJ-14
   03/26/96         Ratified R 277
   04/01/96         Signed By Governor
   04/01/96         Effective date 04/01/96
   04/09/96         Copies available
   04/09/96         Act No. 257

AN ACT TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JUVENILE JURISDICTION, SO AS TO REQUIRE THE FAMILY COURT TO TRANSFER JURISDICTION OF A CHILD FOURTEEN YEARS OF AGE OR OLDER IF THE CHILD HAS BEEN CHARGED WITH AN OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD PROVIDE FOR A TERM OF IMPRISONMENT FOR TEN YEARS OR MORE AND THE CHILD HAS TWO PRIOR ADJUDICATIONS FOR OFFENSES CARRYING THE SAME SENTENCE, AND TO DEFINE A SECOND ADJUDICATION OR CONVICTION.

Be it enacted by the General Assembly of the State of South Carolina:

Transfer of juvenile jurisdiction

SECTION 1. Section 20-7-430 of the 1976 Code is amended by adding at the end:

"(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 acting as committing magistrate shall 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."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 1st day of April, 1996.