(June 14, 2023)
The General Assembly has passed H. 3532 (R. 98),
committing crimes while out on bond and enrolled it
for ratification.
This measure imposes a mandatory five-year jail term for anyone
out on a pretrial bond, or other
pretrial release, for committing a statutorily listed
violent crime who is then found, beyond a reasonable doubt, to have committed
another, unrelated, and statutorily-listed, violent crime or possessing a
firearm while committing a felony. These
violent crimes include rape, domestic
violence, offenses
involving preying on minors, strong
arm robbery, weapons
offenses, or using weapons to commit these types of crimes while out of
jail on bond. This jail time could be
imposed only after the conclusion of a separate sentencing hearing, to be
conducted as soon as possible after a defendant is convicted of the second,
unrelated violent crime. If a defendant is found guilty of the second violent
crime through a jury verdict, that jury would hear all evidence
related to this offense. If a conviction results after a non-jury hearing or
guilty plea, the trial judge would hear the entire, relevant evidence as
defined in the legislation.
Solicitors would be required to file a written 30-Day Notice with
defendants of their intent to pursue this charge. They also would have to prove
the elements of it beyond a reasonable doubt. Also, if the second offense is
committed in another judicial circuit, that circuit solicitor must send notice
to the original offense circuit solicitor.
Once the first pretrial bond or other pretrial release is revoked,
and a written order has been issued with findings of fact and conclusions of
law, a hearing on setting any subsequent bond would have to be held within 14
days of the first bond being revoked.
These subsequent bond hearings require personal appearance by the
offender, and this legislation sets out specific minimum information that the
court must cover with the offender at this hearing. Any subsequent bond in
these circumstances would have to be paid in full in US currency, to the
exclusion of all other forms of bond, but could be posted either by a defendant
or a bondsman. Motions for revocation or modification of any bond would have to
be in writing, heard, and a ruling made within 30 days after notice was
filed. These hearings could not be held
unless all sureties or bondsmen have been given notice of it. Additionally, any surety or cash bond
provider who accepted collateral to issue that subsequent bond could not
liquidate it without providing notice of their intent via certified mail,
return receipt requested.
While serving this five-year sentence, offenders would not be
eligible for good-time credits, parole, work release, or extended work release.
Defendants or prosecutors would still be able to file speedy trial motions for
disposition of this offense. As a final
feature, this legislation exempts electronic monitoring device service technicians
from existing law that sets out criminal penalties for altering or otherwise
tampering with an electronic monitoring device.
The General Assembly has
overridden the governor’s veto of H.
3890, R. 85, which facilitates
Youthful Offender Driving Under Suspension Conviction Expungements. It is now the law in this state.
Youthful offenders convicted of driving under suspension or disturbing schools would be able to expunge
these convictions after they meet specified prerequisites. These include having
no other in-state or out-of-
state convictions, other than one
for driving under suspension or, prior to May 17, 2018, a conviction for
disturbing schools, during their service of a youthful offender sentence
including probation and parole or during the five‑year
period following completion of their youthful offender sentence, also including
probation and parole time.
The General
Assembly has passed, and enrolled for ratification, H. 3553 (R. 99), a bill to
remove Adoption Waiting Periods in South Carolina Department of Social
Services [SCDSS] cases. This bill
eliminates the existing statutory 90-day waiting period after adoption
petitions have been filed before adoptions may be finalized with an adoption
decree. Adoptions would still have to be completed within six months of the adoption petition being filed. However,
adoptions of special needs children are allowed to take up to twelve months for
completion. This ratified legislation allows the petitioning, or amending any
pending paperwork, to terminate the parental rights of the birth parents at any
time, even if a permanency placement petition has not yet been granted in a SC DSS
removal case. In the event a child is left at a statutorily-defined ‘safe
haven’ location, this legislation deems that action to be grounds for
terminating parental rights at that moment. Also, the definition of a ‘special
needs child’ will include any child with a marginalized ethnic background.
S. 96 that allows minors aged 16
and younger to go jet skiing after obtaining safety certification has
been enrolled for ratification as R. 90. It
would prohibit any minor from operating a ‘personal watercraft,’ jet
ski, or other specialty prop-craft, less than 16 feet long, along
with other specifications set out in this bill, until they have successfully
completed a SC Department of Natural Resources (SC DNR) approved boating safety
education class. Exceptions to these requirements include riding with someone
18 years or older who has a boating operation certification or other licensure
from the United States Coast Guard.
The House and Senate adopted the free conference committee report
on S. 108,
a bill that makes provisions for death benefits for first responders killed
in the line of duty,
and the legislation was ratified. The benefit, paid to surviving spouses or
other beneficiaries, applies to certain law enforcement officers, reserve
officers, detention and correctional officers, constables, emergency medical
technicians, paid and volunteer firefighters, coroners, and deputy
coroners. The amount of the benefit is $75,000,
but is increased to $150,000 if certain conditions apply, such as if the death
is the result of an unlawful deliberate act, or is due to an accident that
occurs in the pursuit of a suspect, during an emergency response, while at the
scene of a traffic accident, or in the enforcement of traffic laws and
ordinances.
The conference committee report on S. 330, malicious injury to electric, telephone, or telegraph utility
systems and infrastructure, has
been adopted by the General Assembly, is enrolled as R. 92, and is on the
governor’s desk for his signature. After national incidents of damage to these installations, this
legislation puts in place a graduated, tiered system of punishments that
enhances those set out in our existing criminal code. Jail time can be up to 25
years depending on the amount of damage perpetrators inflict on any of these
utility installations. Any fines levied
will be in the discretion of the trial court judge. One last component of this
legislation is the right of injured parties to civilly sue offenders and
recover their losses, including their costs of the lawsuit.
The House
adopted the conference report on H. 4023, amendments to the First Steps To
School Readiness Act (H. 4023, ratified). The bill has been ratified. Of primary significance to the legislation is that First
Steps is now permanently enacted (future
reauthorization is not necessary). Another significant change is that the
legislative delegation may by resolution delegate some or all of its
appointments to the county council.
The legislation asserts that the First
Steps Board will continue to hire the Executive Director, while much of this
amending legislation focuses on local partnership boards. On the local boards,
appointed members shall comprise a voting majority of the board. Local
partnership boards will consist of elected and appointed members, with no more
than 4 elected members; members to be elected by the local partnership board; 6
members appointed by the legislative delegation (the legislative delegation may
be resolution delegate all or some of its appointments to county council); 3
members appointed by the legislative delegation upon recommendation by the
local DSS, DHEC, and Head Start offices; 1 member appointed by the county
council with a recommendation from the county library system; and 1 appointed from
each school district located within the partnership region (this number could
vary from 1 to 7 (i.e., Spartanburg has 7 districts).
The Office of First Steps, in
consultation with the Office of State Procurement, must adopt and develop
procurement policies and procedures. Local partnerships must adopt these
policies and procedures for the purchase of goods and services. First Steps is
to still participate in data-sharing initiatives supported by the advisory
council and act as the governing body for a unified and integrated data
collection system, implement sound data governance policies that protect
privacy, and maintain a comprehensive infrastructure for integrated, and also,
if possible, longitudinal data for public early childhood education and development
programs; develop and maintain parent knowledge-building activities, including
web-based portals to inform parents of all publicly funded early childhood
programs and services which include, but are not limited to, an eligibility
screener and common application.
S. 397, is a bill that transfers regulatory
authority of athletic skills trainers from the Department of Health and
Environmental Control (DHEC) to the Board of Medical Examiners, which is under
the Department of Labor, Licensing and Regulation (LLR). In an effort to
strengthen athlete training services, the bill creates licensure for athletic
skills trainers. The bill outlines requirements and certifications that an
applicant must possess in order to obtain an initial athletic trainer license
and for license renewal. "Athletic skills trainer” means an allied
health professional with specific qualifications who provide services under the
direction of or in collaboration with a licensed physician. Services provided
by athletic skills trainers may include the prevention, identification,
assessment, treatment, or rehabilitation of injuries and illnesses under the
direction of a licensed physician. A person who holds himself out as an
athletic trainer without being licensed is guilty of a misdemeanor and, upon
conviction, must be fined not more than $300 or imprisoned for not more than
ninety days, or both. The bill also creates an Athletic Trainers Advisory
Committee consisting of nine members appointed by the Board of Medical
Examiners. The House receded from
amendments and enrolled the bill for ratification (6/14/2023).
INTRODUCTIONS
Judiciary
H. 4529 "SOUTH
CAROLINA SAVE OUR VENUES ACT" Rep. S. Jones
The "South Carolina Save Our
Venues Act” would
add certain civil rights of action for injuries resulting from alcoholic
consumption.
NOTE: These summaries are prepared by the South Carolina House of
Representatives staff and are not the expression of the legislation's
sponsor(s) or the House of Representatives. They are strictly for the use and
benefit of members of the House of Representatives and are not to be construed
by a court of law as an expression of legislative intent.