Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Dear Lord and Father of all, as we as a Nation have just observed a day sacred to the memory of our Country's war dead, we thank You for all who have fought the good fight, nobly lived, bravely died, and kept the faith. In grateful remembrance, and with dignity and honor, may we strengthen their efforts to win a new and better life. Give a consciousness of work well done to those whom war has left weakened in body, mind and spirit. Grant that they may live constructive, cheerful and useful lives among a grateful people.

"Lord God of hosts, be with us yet; lest we forget, lest we forget". Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by Rep. BARFIELD.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

The following was received.
Columbia, S.C., May 23, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 985:

S. 985 -- Senators Dennis, Lindsay and Holland: A BILL TO AMEND SECTION 9-1-1710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LUMP-SUM CONTRIBUTIONS BY A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO BECOME ENTITLED TO CREDITABLE SERVICE FOR OUT-OF-STATE SERVICE, SO AS TO PROVIDE THAT A MEMBER WHO ELECTS TO RECEIVE CREDITABLE OUT-OF-STATE SERVICE MAY ESTABLISH A PORTION OF THE SERVICE ON A ONE-TIME BASIS.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President

No. 89

Received as information.

The following was received.
Columbia, S.C., May 23, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 694:

S. 694 -- Senator Applegate: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-23-43 SO AS TO PROVIDE FOR SUBDIVISION REGULATIONS FOR RESERVATION AND DEDICATION OF LAND FOR PUBLIC RECREATIONAL PURPOSES OR THE PAYMENT OF CASH CONTRIBUTIONS EARMARKED IN LIEU OF THOSE PURPOSES; SECTION 5-23-45 SO AS TO AUTHORIZE THE ZONING COMMISSION TO RECOMMEND TO THE MUNICIPAL COUNCIL AMENDMENTS TO THE ZONING ORDINANCE WHICH PERMIT REDUCTION OR WAIVER OF PARKING REQUIREMENTS IN RETURN FOR CASH CONTRIBUTIONS OR DEDICATION OF LAND EARMARKED FOR PUBLIC PARKING SPACES; SECTION 5-23-47 SO AS TO AUTHORIZE THE ZONING COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY CONDITIONAL USE PERMITS FOR PLANNED RESIDENTIAL, COMMERCIAL, AND COMMUNITY FACILITY DEVELOPMENTS AUTHORIZED PURSUANT TO THE ZONING ORDINANCES; SECTION 5-23-685 SO AS TO AUTHORIZE THE PLANNING COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY CONDITIONAL USE PERMITS FOR PLANT, RESIDENTIAL, COMMERCIAL, AND COMMUNITY FACILITY DEVELOPMENTS AUTHORIZED PURSUANT TO THE ZONING ORDINANCES; SECTION 5-23-687 SO AS TO AUTHORIZE THE PLANNING COMMISSION TO RECOMMEND TO THE CITY COUNCIL AMENDMENTS TO THE ZONING ORDINANCES WHICH PERMIT REDUCTION OR WAIVER OF PARKING REQUIREMENTS IN RETURN FOR CASH CONTRIBUTIONS OR DEDICATIONS OF LAND EARMARKED FOR PUBLIC PARKING SPACES; TO AMEND SECTION 5-23-20, RELATING TO THE DIVISION OF A MUNICIPALITY INTO ZONING DISTRICTS, SO AS TO ADD TO THE POWERS CONFERRED UPON MUNICIPALITIES THE AUTHORITY TO REQUIRE OFF-STREET PARKING AND LOADING AND TO PROVIDE THAT THE REGULATIONS ESTABLISHED PURSUANT TO THIS SECTION MAY PROVIDE THAT LAND, BUILDINGS, AND STRUCTURES AND THE USES THEREOF, WHICH ARE LAWFUL AT THE TIME OF ENACTMENT OR AMENDMENT OF ZONING REGULATIONS, MAY BE CONTINUED; TO AMEND SECTION 5-23-60, RELATING TO THE RECOMMENDATIONS FOR ZONING AMENDMENTS MADE BY THE ZONING COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY APPROVAL OF CONDITIONAL PERMITS AUTHORIZED BY THE ZONING ORDINANCE; TO AMEND SECTION 5-23-620, RELATING TO THE CONTENTS OF REGULATIONS GOVERNING LAND SUBDIVISIONS, SO AS TO MAKE A TECHNICAL AMENDMENT; AND TO AMEND SECTION 5-23-680, RELATING TO THE RECOMMENDATIONS FOR ZONING AMENDMENTS MADE BY THE PLANNING COMMISSION TO THE MUNICIPAL GOVERNING BODY, SO AS TO AUTHORIZE THE COMMISSION TO RECOMMEND THE APPROVAL OF CONDITIONAL PERMITS.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President

No. 90

Received as information.

The following was received.
Columbia, S.C., May 23, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 947:

S. 947 -- Senators Bryan and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 39 SO AS TO ENACT THE SOUTH CAROLINA SELF-SERVICE STORAGE FACILITY ACT; TO PROVIDE THAT THE OWNER OF A SELF-SERVICE STORAGE FACILITY HAS A LIEN UPON ALL PERSONAL PROPERTY LOCATED IN A FACILITY; AND TO PROVIDE A PROCEDURE FOR THE ENFORCEMENT OF THE LIEN.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President

No. 92

Received as information.

The following was received from the Senate.

Columbia, S.C., May 23, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 733:

S. 733 -- Senators Saleeby, Martin, Land, McLeod and Holland: A BILL TO ESTABLISH THE MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD REPORTING-IMMUNITY ACT, TO PROVIDE FOR THE EXCHANGE OF INFORMATION RELATING TO MOTOR VEHICLE THEFT OR MOTOR VEHICLE INSURANCE FRAUD BETWEEN AUTHORIZED GOVERNMENTAL AGENCIES AND INSURERS, TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR THE EXCHANGES, TO PROVIDE FOR CONFIDENTIALITY, AND TO PROVIDE A PENALTY.

Very respectfully,
President

No. 91

Received as information.

On motion of Rep. McLELLAN, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. McLELLAN, McLEOD, and W. ARTHUR to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received.
Columbia, S.C., May 24, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 836:

S. 836 -- Senators E. Patterson, Theodore and Nell W. Smith: A BILL TO AMEND SECTION 20-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S POLICY OF THE STATE OF SOUTH CAROLINA, SO AS TO REVISE REPORTING REQUIREMENTS OF AGENCIES, DEPARTMENTS, AND INSTITUTIONS WHICH ARE REQUIRED TO SUBMIT ANNUAL STATEMENTS OF HOW THEIR PROGRAMS CONTRIBUTE TO THE IMPLEMENTATION OF THIS CHILDREN'S POLICY, AND TO MAKE THE ABOVE REPORTING REQUIREMENTS APPLICABLE TO ALL AGENCIES AND NOT JUST STATE AGENCIES WHICH ARE CONCERNED WITH OR ARE RESPONSIBLE FOR CHILDREN.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President

No. 93

Received as information.

The following was received.

The General Assembly, Columbia, S.C., May 22, 1986

The Committee of Free Conference to whom was referred S. 459 (Omnibus Crime Bill) (S. Printed 3/19/86--S):

S. 459 -- Senators Horace C. Smith, Mitchell, Theodore, J. Verne Smith, Drummond, Newman, Doar, Waddell, Land, Nell Smith and Long: A BILL TO ENACT "THE OMNIBUS CRIMINAL JUSTICE IMPROVEMENTS ACT OF 1985" WHICH INCLUDES PROVISIONS TO AMEND CHAPTER 25 OF TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AND EXECUTION, BY ADDING ARTICLE 2 SO AS TO CREATE A COMMUNITY PENALTIES PROGRAM AND PROVIDE FOR GRANT FUNDING THROUGH THE OFFICE OF THE GOVERNOR; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 17, RELATING TO CRIMINAL JUDGMENT AND EXECUTION, BY ADDING SECTION 17-25-115 SO AS TO EMPOWER JUDGES SITTING IN GENERAL SESSIONS TO ORDER RESTITUTION AS A CONDITION OF PAROLE; TO AMEND TITLE 2, RELATING TO STATE GOVERNMENT BY ADDING CHAPTER 48 SO AS TO AUTHORIZE CERTAIN COST OF COURT FEES TO BE ASSESSED IN CRIMINAL CASES AND PROVIDE FOR THE USE OF THESE ASSESSMENTS FOR PRISONER INCARCERATION PURPOSES; TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 24, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-31 TO AUTHORIZE THE PAYMENT OF GENERAL REVENUE FUNDS TO LOCAL GOVERNMENTS AS A SUBSIDY FOR INCREASES IN LOCAL INMATE POPULATIONS AND TO PROVIDE FOR SUBSIDY PAYMENTS BY THE DEPARTMENT OF CORRECTIONS TO LOCAL GOVERNMENTS TO MAINTAIN A DESIGNATED FACILITIES PROGRAM; TO AMEND CHAPTER 13 OF TITLE 24, RELATING TO PRISONERS, BY ADDING ARTICLE 11 SO AS TO ESTABLISH VOLUNTARY PROGRAMS FOR WORK/PUNISHMENT OF INMATES CONFINED TO LOCAL CORRECTIONAL FACILITIES; TO AMEND ARTICLE 3, CHAPTER 1 OF TITLE 42, RELATING TO WORKERS' COMPENSATION, BY ADDING SECTION 42-1-505 SO AS TO PROVIDE THAT PERSONS CONVICTED OF CRIME PARTICIPATING IN PUBLIC SERVICE AND COMMUNITY WORK PROGRAMS MAY BE COVERED UNDER WORKERS' COMPENSATION UNDER CERTAIN CONDITIONS; TO AMEND ARTICLE 7, CHAPTER 5 OF TITLE 22, RELATING TO MAGISTRATES' POWERS AND DUTIES IN CRIMINAL MATTERS, BY ADDING SECTION 22-5-580 SO AS TO ESTABLISH A PRETRIAL CLASSIFICATION PROGRAM TO ASSIST MAGISTRATES WITH THE BAIL SETTING DECISIONS; TO AMEND CHAPTER 1 OF TITLE 23, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING SECTION 23-1-225 SO AS TO AUTHORIZE CERTAIN SUBSIDY PAYMENTS TO LOCAL LAW ENFORCEMENT AGENCIES FOR CRIME PREVENTION PROGRAMS; TO AMEND SECTION 24-21-80, RELATING TO PROBATIONERS AND PAROLEES SO AS TO REQUIRE A WEEKLY SUPERVISORY FEE TO BE PAID BY OFFENDERS UNDER CERTAIN SUPERVISION OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS; TO AMEND SECTION 2-7-72, RELATING TO FISCAL IMPACT STATEMENTS, SO AS TO REQUIRE CERTAIN BILLS OR RESOLUTIONS AFFECTING CRIMES, OFFENSES, OR THE CRIMINAL JUSTICE SYSTEM TO HAVE A FISCAL IMPACT STATEMENT CONTAINING SPECIFIED INFORMATION; TO AMEND ACT 418 OF 1984, RELATING TO VICTIMS AND WITNESSES SO AS TO AUTHORIZE GARNISHMENT OF WAGES OR THE PLACING OF CIVIL LIENS ON PROPERTY TO ENFORCE ORDERS OF RESTITUTION; TO AMEND SECTION 24-3-40, RELATING TO PRISONERS SO AS TO PROVIDE FOR CERTAIN WITHHOLDING FROM THE WAGES OF PRISONERS WORKING AT PAID EMPLOYMENT IN THE COMMUNITY FOR THE PURPOSE OF SUPPORTING VICTIM ASSISTANCE PROGRAMS; TO AMEND SECTION 24-3-30, RELATING TO THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS SO AS TO REVISE THE SENTENCES OF IMPRISONMENT WHICH MUST BE SERVED AT THE LOCAL LEVEL, AND PROVIDE THAT EACH COUNTY MUST MAINTAIN A FACILITY SUITABLE FOR CONFINEMENT; TO AMEND SECTION 24-21-13, RELATING TO PROBATION, PAROLE AND PARDON SO AS TO AUTHORIZE THE PAROLE AND COMMUNITY CORRECTIONS BOARD TO DEVELOP POLICIES FOR PUBLIC SERVICE WORK PROGRAMS FOR CERTAIN OFFENDERS; TO AMEND ARTICLE 2, CHAPTER 23 OF TITLE 24, RELATING TO SENTENCING AND PROBATION PROCEDURES BY ADDING SECTION 24-23-115; TO AMEND SECTION 20-7-1350, RELATING TO FAMILY COURTS SO AS TO PROVIDE THAT FAMILY COURT JUDGES ARE EMPOWERED TO UTILIZE CERTAIN UNPAID PUBLIC SERVICE WORK AS A PUNISHMENT FOR CONTEMPT OF COURT; TO AMEND SECTION 24-13-210, RELATING TO CREDIT GIVEN CONVICTS FOR GOOD BEHAVIOR SO AS TO PROVIDE FOR GOOD BEHAVIOR CREDIT TO BE GIVEN TO PRISONERS INCARCERATED AT THE LOCAL LEVEL; TO AMEND SECTION 24-13-230, RELATING TO PRISONERS SO AS TO PROVIDE THAT INMATES SERVING SENTENCES IN LOCAL DETENTION FACILITIES SHALL EARN CREDITS AGAINST SENTENCE FOR PRODUCTIVE DUTY ASSIGNMENTS; TO AMEND SECTION 24-13-270, RELATING TO PRISONERS SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS AND LOCAL OFFICIALS MAY PERMIT THE RELEASE OF PRISONERS ON THE FIRST AND FIFTEENTH DAYS OF THE MONTH IN WHICH THEIR SENTENCES EXPIRE; AND TO REPEAL SECTION 17-25-90 RELATING TO THE REQUIRED PLACE TO SERVE CERTAIN SENTENCES; TO PROVIDE FOR A REVIEW OF THE EFFECTIVENESS OF THIS ACT BY THE BUDGET AND CONTROL BOARD PRIOR TO STATE FISCAL YEAR 1990-91.

Beg leave to report that they have duly and carefully considered the same and recommend:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:

SECTION 1. This act may be cited as "The Omnibus Criminal Justice Improvements Act of 1986".

SECTION 2. The funds for implementing the provisions of the Community Penalties Program established in Section 3 of this act must be provided by the General Assembly in the annual general appropriation act from funds available pursuant to 14-1-210 of the 1976 Code of Laws as amended.

SECTION 3. Chapter 25 of Title 17 of the 1976 Code is amended by adding:

Section 17-25-140. For purposes of this article the following definitions apply:

(1) 'Targeted offenders' means criminal defendants not previously convicted of a violent crime as defined in Section 16-1-60 and who have not yet been convicted in a pending indictment and are determined by the community penalties program staff to face an imminent and substantial threat of imprisonment, with the exception of criminal defendants charged with a violent crime as defined in Section 16-1-60; provided, a targeted offender shall not mean a criminal defendant who has previously participated in a community penalties program or a pretrial intervention program.

(2) 'Community penalty plan' means a plan presented in writing to the solicitor and presiding judge after an adjudication of guilt which provides a detailed description of the targeted offender's proposed specific plan for sentencing in the case;

(3) 'Community penalties program' means an agency or individual within the judicial circuit which shall prepare community penalty plans and arrange or contract with public or private agencies for necessary services for offenders.
Section 17-25-145. The Department of Parole and Community Corrections must implement a community penalties program in each judicial circuit of the State. The department at its discretion may operate the program or contract with public or private agencies for necessary services. Agencies or individuals may contract to prepare individual community penalty program plans for offenders in a particular judicial circuit as prescribed by the department.
Section 17-25-150. (A) Each community penalties program is responsible for:

(1) targeting offenders who face an eminent and substantial threat of imprisonment;

(2) preparing detailed community penalty plans for presentation to the presiding judge by the offender's attorney;

(3) contracting or arranging with public or private agencies for services described in the community penalty plan;

(4) defining objectives of the Communities Penalties Programs;

(5) outlining goals for reduction of offenders committed to prison for each county within the circuit, and a system of monitoring the number of commitments to prison;

(6) developing procedures for obtaining services from existing public or private agencies and preparation of a detailed budget for staff, contracted services, and all other costs;

(7) developing procedures for cooperation with the probation personnel who have supervisory responsibility for the offender;

(8) outlining procedures for evaluating the program's effect on numbers of prison commitments;

(9) outlining procedures for returning offenders who do not comply with their community penalty plan to court for action by the court.
(B) Every community penalty plan must include the following:

(1) notification to the victim of the offender's placement in the program;

(2) solicitation of victim response into the offender's proposed community penalty;

(3) restitution to the victim by the offender within a specified period of time and in an amount to be determined by the court;

(4) payment of such fees and costs of the program by the offender unless the court grants a waiver due to indigency. Procedures for collecting a fee from offenders must be implemented based on a sliding scale according to income and ability to pay.

(5) procedures for returning offenders who do not comply with their community penalty plan to court for action by the court.
(C) Funds provided for use under the provisions of this article may not be used for the operating cost, construction, or any other cost associated with local jail confinement.

SECTION 4. Chapter 21, Title 24 of the 1976 Code is amended by adding:
Section 24-21-475. In addition to any other terms or conditions of probation under Section 21-24-430, the judge may suspend a sentence for a defendant convicted of a nonviolent offense, as defined in Section 16-1-70, for which a term of imprisonment of five years or greater may be imposed, or as a revocation to probation, and transfer custody to the South Carolina Department of Corrections for hard labor for a period of ninety days as a condition of probation. No person who has attained the age of 25 years or more may be sentenced to this program.

Such defendant shall be housed separately from the general inmate population as far as is advisable and necessary. Successful program participation will result at the end of ninety days in transfer to the South Carolina Department of Parole and Community Corrections to complete the term of probation.

Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence.

No participant in shock probation program shall earn credits under any statute or regulation, or any other benefits which may reduce the ninety-day period.

Before a court can place this condition upon the sentence, an initial investigation will be completed by the probation officer which will indicate that the probationer is qualified for such treatment in that the individual does not appear to be physically or mentally handicapped in a way that would prevent him from strenuous physical activity, that the individual has no obvious contagious diseases, and that the Department of Parole and Community Corrections has recommended placement of the individual in this program.

No probationer shall be admitted to the South Carolina Department of Corrections for participation in the shock probation program unless the Department of Corrections medically certifies that the probationer has no physical or mental handicaps or contagious diseases which would prevent strenuous physical activity or interaction with other probationers.

The Department of Parole and Community Corrections shall on the first day of each month, present to the court a report detailing the availability of bed space in the shock probation program.

No person shall be made ineligible for this program by reason of gender.

SECTION 5. Chapter 21, Title 24 of the 1976 Code is amended by adding:
"Section 24-21-480. The judge may suspend a sentence for a defendant convicted of a nonviolent offense as defined in Section 16-1-70, for which a term of imprisonment of greater than ninety days may be imposed, or as a revocation of probation, and may place the offender in a Restitution Center as a condition of probation. The Department of Parole and Community Corrections shall on the first day of each month, present to the General Sessions Court, a report detailing the availability of bed space in the Restitution Center program.

The Restitution Center is a program under the jurisdiction of the Department of Parole and Community Corrections.

The offender shall have paid employment and/or shall be required to perform public service employment up to a total of fifty hours per week.

The offender shall deliver his salary to the Restitution Center staff who shall distribute it in the following manner:

(1) restitution to the victim or payment to the account established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, as ordered by the court;

(2) payment of child support or alimony or other sums as ordered by a court;

(3) payment of any fines or court fees due;

(4) payment of six dollars and fifty cents per day for housing and food. This payment is in lieu of probation fees while in the Restitution Center. This fee must be deposited by the department with the State Treasurer for credit to the same account as funds collected under Section 52, Part II, Act 201 of 1985;

(5) payment of any costs incurred while in the Restitution Center;

(6) if available, fifteen dollars per week for personal items.

The remainder must be deposited and given to the offender upon his discharge.

The offender must be in the Restitution Center for not more than six months, nor less than three months; provided, however, in those cases where the maximum term is less than one year the offender shall be in the Restitution Center for not more than ninety days nor less than forty-five days.

Upon release from the Restitution Center, the offender must be placed on probation for a term as ordered by the court.

Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence.

No person shall be made ineligible for this program by reason of gender.
Section 24-21-485. In order for the South Carolina Department of Parole and Community Corrections to establish and maintain restitution centers, the Board of Parole and Community Corrections may:

(1) develop policies and procedures for the operation of restitution centers;

(2) fund such other management options as may be advantageous to the State, including but not limited to contracting with public or nonpublic entities for management of restitution centers;

(3) lease buildings;

(4) develop standards for disciplinary rules to be imposed on residents of restitution centers;

(5) develop standards for the granting of emergency furloughs to participants."

SECTION 6. Section 24-21-430 of the 1976 Code is amended to read:
"Section 24-21-430. The court shall determine and may impose by order duly entered and may at any time modify the conditions of probation and may include among them any of the following or any other condition not herein prohibited.

The probationer shall:

(1)     refrain from the violations of any State state or federal penal laws;

(2)     avoid injurious or vicious habits;

(3)     avoid persons or places of disreputable or harmful character;

(4)     permit the probation officer to visit at his home or elsewhere;

(5)     work faithfully at suitable employment as far as possible;

(6)     pay a fine in one or several sums as directed by the court;

(7)     perform public service work as directed by the court;

(8)     submit to a urinalysis and/or a blood test upon request of the probation agent;

(9)     submit to curfew restrictions;

(10)     submit to house arrest which shall be confinement in a residence for a period of twenty-four hours per day, with only those exceptions as the court may expressly grant in its discretion;

(11)     submit to intensive surveillance which shall not include surveillance by electronic means;

(7) (12) support his dependents; and

(8) (13) follow the probation officer's instructions and advice regarding recreational and social activities."

SECTION 7. Chapter 13 of Title 24 of the 1976 Code is amended by adding:

Section 24-13-910. Beginning January 1, 1988, local governing bodies may establish regulations consistent with regulations of the Department of Corrections, and administer a program under which a person convicted of an offense against this State or other local jurisdiction and confined in local correctional facilities, or punished for contempt of court in violation of Section 20-7-1350 and confined in a local correctional facility may, upon sentencing, and while continuing to be confined in the facility at all times other than when the prisoner is either seeking employment, working, attending his education, or traveling to or from the work or education location, be allowed to seek work and to work at paid employment in the community, be assigned to public works employment, or continue his education. Each governing body shall designate the sheriff or another official as the official in charge. A person sentenced under these provisions is eligible for programs under this article except that a person punished for a violation of Section 20-7-1350 is eligible for these programs only upon a finding by the sentencing judge that he is eligible.
Section 24-13-915. Wherever in the Code of Laws of South Carolina, 1976, reference is made to a local correctional facility, it shall mean a county or municipal correctional facility.
Section 24-13-920. If the inmate participating in the work/punishment program violates the regulations of the program relating to conduct or employment, as established by the local governing body, pursuant to Section 24-13-950, the inmate may be removed from the program on the direction of the official designated in charge by the local governing body.
Section 24-13-930. The earnings of each inmate participating in the work/punishment program, less payroll deductions required by law, must be collected by or surrendered to the official administering the program or his authorized representative. From these earnings, the official may deduct in the following order:

(a)     any amount the inmate may be legally obligated to pay, or that the inmate desires to pay, for the support of the inmate's dependents;

(b)     any amount the inmate may be legally obligated to pay in restitution to the victim of his offense;

(c)     not less than five dollars nor more than ten dollars per workday to offset the cost to the local facility providing food, lodging, supervision, clothing, and care to the inmate. Any remaining amount of the inmate's earnings must be credited to the inmate's earnings account to be disbursed to the inmate upon release or to be disposed of according to applicable regulations of the local correctional facility.
Section 24-13-940. The official administering the work/punishment program may contract with the South Carolina Department of Corrections or with other governmental bodies to allow inmates committed to serve sentences in the custody of the department or in other local correctional facilities to participate in the program and be confined in the local correctional institution of the receiving official.
Section 24-13-950. The Department of Corrections shall, by January 1, 1987, develop standards for the operation of local inmate work programs. These standards must be included in the minimum standards for local detention facilities in South Carolina, established pursuant to Section 24-9-20, and the Department of Corrections shall monitor and enforce the standards established. The standards must be established to govern three types of local programs:

(1) voluntary work programs established pursuant to Section 24-13-235; and

(2) local work/punishment programs established pursuant to this article. The work/punishment standards shall include, but are not limited to, provisions insuring that rates of pay and general conditions of employment are not less than those provided to workers in the general public performing work of a similar nature in the same community, and provisions establishing reasonable criteria for the selection, humane treatment, and dismissal of inmates in local work/punishment programs; and

(3) local public work programs pursuant to Section 17-25-70."

SECTION 8. Article 3, Chapter 1 of Title 42 of the 1976 Code is amended by adding:
"Section 42-1-505. The Department of Parole and Community Corrections may elect to cover convicted persons under its custody or supervision with workers' compensation benefits in accordance with the provisions of this title. For purposes of this subsection, the department is considered the employer for those persons under its custody or supervision performing public service employment.

SECTION 9. Section 24-3-40 of the 1976 Code, as last amended by Act 431 of 1980, is further amended to read:
"Section 24-3-40. The employer of a prisoner authorized to work at paid employment in the community under Sections 24-3-20 to 24-3-50 shall pay the prisoner's wages directly to the Department of Corrections. The Commissioner of the Department of Corrections is authorized to shall withhold from five percent of the gross wages and promptly place these funds on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the 'Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404.' The Commissioner is further authorized to withhold from the wages such costs incident to the prisoner's confinement as the Board of Corrections shall deem considers appropriate and reasonable. These withholdings shall must be deposited to the maintenance account of the Department of Corrections. The balance of the wages shall may, in the discretion of the Board, and in such proportions determined by the Board, be disbursed to the prisoner, the prisoner's dependents, to the victim of the crime, or deposited to the credit of the prisoner."

SECTION 10. Section 24-21-13 of the 1976 Code, dealing with the Board of Parole and Community Corrections and as added by Act 100 of 1981, is amended to read:
"Section 24-21-13. It shall be is the duty of the Board to oversee, manage, and control the department. The Board shall develop written policies and procedures for the following:

(a)     the supervising of offenders on probation, parole, and furlough;

(b)     the granting of paroles and pardons;

(c)     the operation of community based correctional programs; and

(d)     the operation of public work sentence programs for offenders on probation, parole, supervised furlough, and persons released pursuant to the Prison Overcrowding Powers Act. This program can also be utilized as an alternative to technical revocations. The Board of Parole and Community Corrections shall establish priority programs for litter control along state and county highways. This must be included in the 'public service work' program."

SECTION 11. Article 2, Chapter 23 of Title 24 is amended by adding:
"Section 24-23-115. Except as otherwise provided by law, Courts of General Sessions may require defendants convicted of a criminal offense to perform public service work not to exceed five hundred hours without pay for an agency of state, county, municipal, or federal government or for a nonprofit organization as a special condition of probation or as a condition of suspension of sentence. Except as otherwise provided by law, magistrate's and municipal courts may require defendants convicted of a criminal offense to perform public service work without pay for an agency of state, county, municipal, or federal government or for a nonprofit organization as a condition of suspension of sentence. This suspension of sentence shall include the number of hours of public service work to be performed not to exceed fifty hours.

The Board of Parole and Community Corrections shall establish by regulation pursuant to the Administrative Procedures Act a definition of the term 'public service work', and a mechanism for supervision of persons performing public service work.

No person shall be made ineligible for this program by reason of gender."

SECTION 12. Section 20-7-1350 of the 1976 Code is amended to read:
"Section 20-7-1350. Any adult who wilfully violates, neglects, or refuses to obey or perform any lawful order of the court, or who violates any provision of this chapter, may be proceeded against for contempt of court. Any adult found in contempt of court may be punished by a fine, a public work sentence or by imprisonment on the public works of the county in a local correctional facility, or both fine and imprisonment any combination thereof, in the discretion of the court, but not to exceed imprisonment in a local correctional facility for one year, or a fine of fifteen hundred dollars, or both public work sentence of more than three hundred hours, or any combination thereof."

SECTION 13. Section 24-13-210 of the 1976 Code, as amended by Act 513 of 1980, is further amended to read:
"Section 24-13-210. (a) Each prisoner convicted of an offense against this State and confined in the facilities sentenced to the custody of the Department of Corrections or in a county jail, or upon the public works of any county in this State, for a term of one year or more including those prisoners serving time in a local facility pursuant to a designated facilities agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution wherein he is confined and has not been subjected to punishment for misbehavior, shall be is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty days for each month served. When two or more consecutive sentences are to be served, the aggregate of the several sentences shall be is the basis upon which the good behavior credit shall be computed.

(b) Each prisoner convicted of an offense against this State and confined in the facilities of the Department of Corrections or a county jail a local correctional facility, or upon the public works of any county in this State, for a term of less than one year, whose record of conduct shows that he has faithfully observed all the rules of the institution wherein he is confined, and has not been subjected to punishment for misbehavior, shall be is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of fifteen days for each month served one day for every two days served. When two or more consecutive sentences are to be served, the aggregate of the several sentences shall be is the basis upon which good behavior credits shall must be computed.

(c) If, during the term of imprisonment, a prisoner commits any offense or violates any of the rules of the institution, all or any part of his good conduct time may be forfeited at the discretion of the Commissioner of the Department of Corrections, if the prisoner be confined in facilities of the department, or in the discretion of the county local official having charge of prisoners and the public works within the county wherein the prisoner is confined sentenced to terms of imprisonment at the local level. The decision to withhold forfeited good conduct time shall be is solely the responsibility of officials named in this subsection.

(d) Any person who has served the term for which he has been sentenced less deductions allowed therefrom for good conduct, shall is considered upon release be deemed to have served the entire term for which he was sentenced."

SECTION 14. Section 24-13-230 of the 1976 Code, as last amended by Section 16 of Act 496 of 1978, is further amended to read:
"Section 24-13-230. (a) The Commissioner of the Department of Corrections may allow any prisoner in the custody of the department, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical or vocational training program, a reduction from the term of his sentence of zero to one day for every two days so he is employed or enrolled; . provided, however However, no inmate suffering the penalty serving the sentence of life imprisonment shall be is entitled to credits under this provision. A maximum annual credit for both work credit and class credit shall be is limited to one hundred eighty days. The amount of credit to be earned for each duty classification or enrollment shall must be determined by the commissioner and published by him in a conspicuous place available to inmates at each correctional institution. No credits earned under this section shall may be applied in a manner which would prevent full participation in the department's prerelease program.

(b) The official in charge of a local detention or correctional facility in which persons convicted of offenses against the State serve sentences of confinement shall allow any inmate serving such a sentence in the custody of the facility who is assigned to a mandatory productive duty assignment a reduction from the term of his sentence of zero to one day for every two days so employed. The amount of credit to be earned for each duty classification must be determined by the official in charge of the local detention or correctional facility and published by him in a conspicuous place available to inmates.

(c) (1) An individual is only eligible for the educational credits provided for in this section, upon successful participation in an academic, technical or vocational training program.

(2) The educational credit provided for in this section, is not available to any individual convicted of a violent crime as defined in Section 16-1-60.

(d) The South Carolina Department of Corrections may not pay any tuition for college courses.

SECTION 15. Section 17-25-70 of the 1976 Code is amended to read:
"Section 17-25-70. In every case in which imprisonment is provided as the punishment, in whole or in part, for any crime, all able-bodied male convicts shall be sentenced to hard labor on the public works of the county in which convicted, if such county maintains a chain gang, without regard to the length of service, and in the alternative to imprisonment in the county jail or State Penitentiary at hard labor. But municipal authorities may sentence persons convicted of offenses against the ordinances of the municipality to the municipal chain gang, if such municipality maintains a chain gang, or to the county chain gang, under the provisions of Section 24-7-50, if the county maintains a chain gang. And if the county does not maintain a chain gang but a municipality therein does, persons convicted in State and county courts and by magistrates may be sentenced to labor on such chain gang if terms as to the working and maintenance of such convicts are agreed upon by and between the governing body of the county and the municipal authorities operating such chain gang. In any case the presiding judge shall have the power, by special order, to direct that any person convicted before him be confined in the State Penitentiary if it is considered unsafe or unwise for such convict to be committed to the county chain gang. Notwithstanding any other provision of law, a local governing body may authorize the sheriff or other official in charge of this local correctional facility to require any able-bodied convicted person committed to such facility to perform labor on the public works or ways. Any convicted person physically capable of performing such labor who refuses to obey a direct order to perform such labor shall not be entitled to good behavior credits pursuant to Section 24-13-210 or productive duty credits pursuant to Section 24-13-230 herein; provided, however, that any inmate participating in a local work punishment or other public service sentence program shall not be arbitrarily removed from such program and required to perform work on the public works or ways."

SECTION 16. Section 17-25-90 of the 1976 Code is repealed.

SECTION 17. Item (i) of Section 24-3-1120 of the 1976 Code is amended to read:

"(i) 'Qualified prisoner' means prisoners not presently committed to the jurisdiction of the State Department of Corrections under a conviction for the crime of murder, armed robbery, criminal sexual assault, assault and battery with intent to kill, trafficking in illegal drugs, or kidnapping, nor sentenced as a habitual offender convicted of nonviolent offenses as defined in Section 16-1-70."

SECTION 18. Item (c) of Section 24-3-1130 of the 1976 Code is amended to read:

"(c) Full appropriate utilization by the Board of Parole and Community Corrections of powers, the exercise of which tends to reduce the prison system population or expand operating capacity. The powers include but are not limited to:

(1) supervised furlough as provided for in Section 24-13-710;

(2) provisional parole as provided for in Section 24-21-645;

(3) parole as provided for in Section 24-21-610;."

(4) Arrangements with other agencies of state or local government for using temporary structures, unused buildings, or under-utilized buildings as places of confinement.

SECTION 19. Section 24-3-1140 of the 1976 Code is amended to read:
"Section 24-3-1140. Whenever the prison system population has exceeded operating capacity for thirty consecutive days, the Board of Corrections shall meet to determine whether there has been full appropriate exercise of the powers of the Board of Corrections and the Department of Corrections, the exercise of which tends to reduce the prison system population. The determination must be made within seven days after the thirtieth day of excessive prison system population. If the prison system population continues to exceed operating capacity, the Board of Corrections shall report this to the Governor, with a copy of the report to be provided to the Board of Parole and Community Corrections. The report shall include the prison system operating capacity, the prison system population during the relevant time period, and the determination of the Board of Corrections regarding the exercise by the Board of Corrections and Department of Corrections of prison population reduction powers and may include a recommended specific term of advancement of the release dates. The recommendation must be at least thirty but not more than ninety days shall include the number of prisoners which should be released. The existence of conditions meeting the requirements of items (a) and (b) of Section 24-3-1130 notwithstanding, if the Board of Corrections concludes that a prison system overcrowding state of emergency should not be declared or commence, it shall state the conclusion and the reasons for the conclusion in the report to the Governor."

SECTION 20. Section 24-3-1160 of the 1976 Code is amended to read:
"Section 24-3-1160. Upon receipt of the report from the Board of Corrections and the report of the Board of Parole and Community Corrections, the Governor has the power to:

(a) Determine to be in error the determination of either Board or both Boards that there had been full appropriate exercise of powers, the exercise of which tends to reduce prison population, in which case no state of emergency shall commence; or

(b) Determine that commencement of a state of emergency would be injurious to the public good, or raises the potential of threatening the safety of the public in the State as a whole or in a particular community, in which case no state of emergency shall commence; or

(c) Determine that the reports establish the existence of the conditions for declaration of a prison system overcrowding state of emergency, as described in Section 24-3-1130, and declare a state of emergency specifying an amount of advancement of release dates from thirty to ninety days the number of prisoners to be released; or

(d) Determine to be in error the determination of any board reporting less than full appropriate exercise of prison population reduction powers and declare a state of emergency specifying an amount of advancement of release dates from thirty to ninety days the number of prisoners to be released.

If, fourteen days after the receipt of the reports to the Governor pursuant to Section 24-3-1140 and Section 24-3-1150 indicating that conditions meeting the requirements of items (a), (b), and (c) of Section 24-3-1130 exist, the Governor has exercised none of the powers prescribed in items (a), (b), or (c) of this section, a prison system overcrowding state of emergency is considered to have commenced. If, fourteen days after the receipt of the reports to the Governor pursuant to Section 24-3-1140 and Section 24-3-1150 indicating that prison population reduction powers have not been fully utilized, the Governor has not exercised power under item (d) of this section, action under this article is considered terminated.

If the Governor exercises a power under items item (a) or (b) of this section, he shall state the reasons for the exercise of a power in notification of his action to the Board of Corrections, and the Board of Parole and Community Corrections and the members of the General Assembly. In this instance, a thirty-day period of prison system overcrowding, as provided in item (a) of Section 24-3-1130, may commence as of the date of notification of action under item (a) or (b) of this section."

SECTION 21. Section 24-3-1170 of the 1976 Code is amended to read:
"Section 24-3-1170. Upon the declaration or commencement of a state of emergency, the release dates a specified number of qualified prisoners must be conditionally advanced released by the Department of Corrections Parole and Community Corrections. If the Governor declared the state of emergency, the amount of advancement of release dates number of inmates must be specified in the declaration. If a state of emergency commences without declaration, the amount of advancement of release dates number of prisoners to be released must be the lesser of the amount of advancement of release dates recommended by the Board of Corrections in its report to the Governor under Section 24-3-1140 or ninety days. For terms of from ninety-two to two hundred seventy days, all advancements of the release dates under this article must be at the rate of one day for every two days of sentence term in excess of ninety days, with a maximum advancement equal to the amount of advancement of the release dates of prisoners with terms of two hundred seventy-one days or longer."

SECTION 22. Section 24-3-1190 of the 1976 Code is amended to read:
"Section 24-3-1190. If, sixty days after the declaration or commencement of a prison system overcrowding state of emergency or of an additional advancement of the release dates, the prison system population continues to be in excess of operating capacity, the Board of Corrections shall report to the Governor indicating whether an additional advancement of the release dates is necessary in order to reduce the prison system population to operating capacity and indicating the amount of any recommended additional advancement of the release dates. The recommended amount must be no less than thirty days nor more than ninety days. A copy of the request must be provided to the Board of Parole and Community Corrections, which shall within fourteen days report to the Governor describing the availability of parolee supervising agents, the currently existing supervision caseloads, and measures that could be taken and resources that would be needed to provide appropriate supervision of persons released early as a result of an additional advancement of the release dates. During the state of emergency the Board of Parole and Community Corrections shall continue to release prisoners monthly until the specified number is met; however, no more than two hundred inmates may be released in any thirty-day period pursuant to the Prison Overcrowding Powers Act."

SECTION 23. Section 24-3-2020 of the 1976 Code is amended to read:
"Section 24-3-2020. Revocation of conditional advancement of the release date awarded pursuant to this article is a permissible prison disciplinary action according to the same procedures governing the forfeiture of credits for good behavior as a prison disciplinary action."

SECTION 24. Section 24-3-2030 of the 1976 Code is amended to read:
"Section 24-3-2030. The Board of Parole and Community Corrections shall prescribe conditions of advancement of the release date applicable prior to release from the jurisdiction of the Department of Corrections policies and procedures pursuant to the Administrative Procedures Act, to rate the risk of inmates to the community to determine which qualified prisoners are to be released. Prisoners must be released based on an evaluation of risk. The risk assessment model shall be developed by the Department of Parole and Community Corrections to include but not be limited to the following types of factors: nature and seriousness of the current and any prior offenses, institutional record, and prior performance under criminal justice supervision. Priority must be given to prisoners who have served a substantial portion of their sentence; provided, that qualified inmates given a sentence of two years or more may not be released before completing so much of their sentence as to be eligible for parole. For purposes of this section, calculation of parole eligibility will be based on actual time served in incarceration not reduced by earned credits under any provision of law. The Department of Parole and Community Corrections shall notify victims pursuant to Section 16-3-1530(c) before releasing inmates through the Prison Overcrowding Emergency Powers Act requesting the opinion of the victim. The Department of Parole and Community Corrections shall have authority to deny release based upon the victim's statement. The Board of Parole and Community Corrections shall prescribe conditions of supervision consistent with existing regulations applicable after release from the jurisdiction of the Department of Corrections. While under the supervision of the Board of Parole and Community Corrections under this article, releasees are considered to be in the legal custody of the Board of Parole and Community Corrections. In every case, supervision by a parole agent after release from prison for a period equal to the advancement of the release date is a condition of advancement of the release date. Violation after release and during the term of supervision of a condition imposed under this section may be the basis, under the procedures of Section 24-21-680, for revocation of conditional advancement of the release date and return of the releasee to prison and the jurisdiction of the Department of Corrections to serve his sentence as though his release date had not been conditionally advanced. No credit is given for time elapsing between release and revocation of conditional advancement of the release date.

The Board of Parole and Community Corrections shall prescribe conditions of supervision consistent with existing regulations applicable after release from the jurisdiction of the Department of Corrections. While under the supervision of the Board of Parole and Community Corrections, under this article, releasees are considered to be in the legal custody of the Board of Parole and Community Corrections. In every case, supervision by a parole agent after release from prison shall be for a period equal to the remainder of the term of his imprisonment. Violation after release and during the term of supervision under this section may be the basis, under the procedures of Section 24-21-680, for revocation of release and return of the releasee to the Department of Corrections for imprisonment and to serve his sentence as though he had not been released. No credit on the time of the sentence is given for time elapsing between release and revocation."

SECTION 25. Sections 24-3-2000 and 24-3-2040 of the 1976 Code are repealed.

SECTION 26. Section 16-3-26 of the 1976 Code, as amended by Act 55 of 1978, is further amended to read:
"Section 16-3-26. (A) Whenever the Solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.

(B) Whenever any person is charged with murder and the death penalty is sought, the court, upon determining that such person is unable financially to retain adequate legal counsel, shall appoint two attorneys to defend such person in the trial of the action. One of the attorneys so appointed shall have at least five years' experience as a licensed attorney and at least three years' experience in the actual trial of felony cases, and only one of the attorneys so appointed shall be the Public Defender or a member of his staff.

The State shall pay from funds appropriated for the defense of indigents such fee Notwithstanding any other provision of law, the court shall order payment of fees and costs, not to exceed fifteen hundred five thousand dollars per trial as the court shall deem appropriate from funds appropriated for the defense of indigents.

(C) Upon a finding in ex parte proceedings that investigative, expert or other services are reasonably necessary for the representation of the defendant whether in connection with issues relating to guilt or sentence, the court shall authorize the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from state funds appropriated for the defense of indigents, of fees and expenses not to exceed twenty-five hundred dollars as the court shall deem appropriate. Upon a finding that timely procurement of such services cannot await prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc."

SECTION 27. Section 16-3-20 of the 1976 Code is amended to read:
"Section 16-3-20. (A) A person who is convicted of or pleads guilty to murder must be punished by death or by imprisonment for life and is not eligible for parole until the service of twenty years. , provided, however, that when the state seeks the death penalty and an aggravating circumstance is specifically found beyond a reasonable doubt pursuant to Subsections (B) and (C), and a recommendation of death is not made, the court must impose a sentence of life imprisonment without eligibility for parole until the service of thirty years. However Provided, further, that under no circumstances may a female who is pregnant with child be executed so long as she is in that condition. When the Governor commutes a sentence of death under the provisions of Section 14 of Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole. No person sentenced under the provisions of this subsection may receive any work-release credits, good-time credits, or any other credit that would reduce the mandatory twenty years' imprisonment required by this subsection.

(B) Upon conviction or adjudication of guilt of a defendant of murder, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death or life imprisonment. The proceeding shall be conducted by the trial judge before the trial jury as soon as practicable after the lapse of twenty-four hours unless waived by the defendant. If the trial by jury has been waived by the defendant and the State, or if the defendant pleaded guilty, the sentencing proceeding shall be conducted before the court. In the sentencing proceeding, the jury or judge shall hear additional evidence in extenuation, mitigation or aggravation of the punishment. Only such evidence in aggravation as the State has made known to the defendant in writing prior to the trial shall be admissible. This section shall not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or the State of South Carolina or the applicable laws of either. The State, the defendant and his counsel shall be permitted to present arguments for or against the sentence of death to be imposed. The defendant and his counsel shall have the closing argument regarding the sentence to be imposed.

(C) The judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances otherwise authorized or allowed by law and any of the following statutory aggravating and mitigating circumstances which may be supported by the evidence:

(a) Aggravating circumstances:

(1) Murder was committed while in the commission of the following crimes or acts: (a) rape criminal sexual conduct in any degree, (b) assault with intent to ravish, (c) (b) kidnapping, (d) (c) burglary in any degree, (e) (d) robbery while armed with a deadly weapon, (f) (e) larceny with use of a deadly weapon, (g) housebreaking, and (h) (f) killing by poison and (i) (g) physical torture;

(2) Murder was committed by a person with a prior record of conviction for murder;

(3) The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person;

(4) The offender committed the offense of murder for himself or another, for the purpose of receiving money or any other thing of monetary value;

(5) The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty;

(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person;

(7) The offense of murder was committed against any peace officer or former peace officer, corrections employee or former corrections employee, or fireman or former fireman while engaged in during or because of the performance of his official duties . ;

(8) Murder wherein two or more persons are murdered by the defendant by one act or pursuant to one scheme or course of conduct;

(9) The murder of a child eleven years of age or under.
(b) Mitigating, circumstances:

(1) The defendant has no significant history of prior criminal conviction involving the use of violence against another person.

(2) The murder was committed while the defendant was under the influence of mental or emotional disturbance;

(3) The victim was a participant in the defendant's conduct or consented to the act;

(4) The defendant was an accomplice in the murder committed by another person and his participation was relatively minor;

(5) The defendant acted under duress or under the domination of another person;

(6) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired;

(7) The age or mentality of the defendant at the time of the crime;

(8) The defendant was provoked by the victim into committing the murder;

(9) The defendant was below the age of eighteen at the time of the crime.

The statutory instructions as to aggravating and mitigating circumstances shall be given in charge and in writing to the jury for its deliberation. The jury, if its verdict be a recommendation of death, shall designate in writing, and signed by all members of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. The jury, if it does not recommend death, after finding an aggravating circumstance or circumstances beyond a reasonable doubt, shall, in writing, and signed by all members of the jury, designate the aggravating circumstance or circumstances it found beyond a reasonable doubt. In nonjury cases the judge shall make such designation. Unless at least one of the statutory aggravating circumstances enumerated in this section is so found, the death penalty shall not be imposed.

Where a statutory aggravating circumstance is found and a recommendation of death is made, the court shall sentence the defendant to death. The trial judge, prior to imposing the death penalty, shall find as an affirmative fact that the death penalty was warranted under the evidence of the case and was not a result of prejudice, passion, or any other arbitrary factor. Where a sentence of death is not recommended by the jury, the court shall sentence the defendant to life imprisonment as provided in Subsection A. In the event that all members of the jury after a reasonable deliberation cannot agree on a recommendation as to whether or not the death sentence should be imposed on a defendant found guilty of murder, the trial judge shall dismiss such jury and shall sentence the defendant to life imprisonment as provided in Subsection A. Before dismissing the jury, the trial judge shall question the jury as to whether or not it found an aggravating circumstance or circumstances beyond a reasonable doubt. If the jury has found an aggravating circumstance or circumstances beyond a reasonable doubt, the jury shall designate this finding, in writing, signed by all the members of the jury. The jury shall not recommend the death penalty if the vote for such penalty is not unanimous as provided.

(D) Notwithstanding the provisions of Section 14-7-1020, in cases involving capital punishment any person called as a juror shall be examined by the attorney for the defense.

(E) In every criminal action in which a defendant is charged with a crime which may be punishable by death, a person may not be disqualified, excused or excluded from service as a juror therein by reason of his beliefs or attitudes against capital punishment unless such beliefs or attitudes would render him unable to return a verdict of guilty according to law."

SECTION 28. Section 16-23-490 of the 1976 Code is amended to read:
"Section 16-23-490. Any person who is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, if the person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife during the commission of the violent crime, an assault with intent to kill, an assault of a high and aggravated nature, an assault and battery with intent to kill, an assault and battery of a high and aggravated nature, grand larceny, burglary, housebreaking, rape, or assault with intent to ravish, when armed with or having in his possession any machine gun, automatic rifle, revolver, pistol or other firearm shall, in addition to the punishment provided for the crime, except where a death penalty or a life term is imposed, be punished for a first conviction by imprisonment for not more than one year or a fine of one thousand dollars, or both; upon a second conviction, be imprisoned for not more than two years; upon a third and subsequent conviction, by imprisonment for not more than five years, in the discretion of the court by a term of imprisonment of five years; provided, that this five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime. Service of this five-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. The court may impose this mandatory five-year sentence to run consecutively or concurrently. The person so sentenced under this section is not eligible during this five-year period for parole, work release, or extended work release. Such five years may not be suspended and the person may not complete his term of imprisonment in less than five years pursuant to good time credits or work credits; however, the person may earn credits during this period.

As used in this section, 'firearm' means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, or is designed to, or may readily be converted to expel a projectile, 'knife' means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.

No such additional punishment shall may be imposed unless the indictment shall have alleged as a separate count that the person was in possession of a firearm or visibly displayed what appeared to be armed with or had in his possession any such a firearm or visibly displays a knife during the commission of the violent crime and conviction was had upon such this count in the indictment. The penalties prescribed in this section shall may not be imposed unless the person convicted was at the same time indicted and convicted of one of the offenses hereinabove enumerated a violent crime as defined in Section 16-1-60."

SECTION 29. (A) Section 1 of Act 185 of 1977, as amended by Act 100 of 1981, is officially designated as Section 24-13-610 of the 1976 Code.

(B) Section 24-13-610 of the 1976 Code is amended to read:
"Section 24-13-610. The Department of Corrections (department) may establish an extended work release program. The program may allow the exceptional regular work release resident, male or female, convicted of a first and not more than a second offense, the opportunity of extended work release placement in the community with the privilege of residing with an approved community sponsor and continuing employment in the community; provided, that no person convicted of murder or criminal sexual conduct in the first or second degree may participate in this extended work release program."

SECTION 30. Section 24-21-640 of the 1976 Code, as amended by Act 100 of 1981, is further amended to read:
"Section 24-21-640. The board shall carefully consider the record of the prisoner before and after imprisonment, and no such prisoner shall may be paroled until it shall appear to the satisfaction of the board: that the prisoner has shown a disposition to reform; that, in the future he will probably obey the law and lead a correct life; that by his conduct he has merited a lessening of the rigors of his imprisonment; that the interests of society will not be impaired thereby; and, that suitable employment has been secured for him. The board shall establish written, specific criteria for the granting of parole and provisional parole. Such This criteria shall reflect all of the aspects of this section. The criteria shall must be made available to all prisoners at the time of their incarceration and the general public. The paroled prisoner shall, as often as may be required, render a written report to the board giving such that information as may be required by the board which shall must be confirmed by the person in whose employment the prisoner may be at the time. The board shall not grant parole nor is parole authorized to any prisoner serving a sentence for a second or subsequent conviction, following a separate sentencing for a prior conviction, for violent crimes as defined in Section 16-1-60. Provided that where more than one included offense shall be committed within a one day period or pursuant to one continuous course of conduct, such multiple offenses shall be treated for purposes of this section as one offense."

SECTION 31. Section 24-21-645 of the 1976 Code, which was added by the provisions of Act 100 of 1981, is amended to read:
"Section 24-21-645. The board may issue an order authorizing the parole which shall must be signed either by a majority of its members or by all three members meeting as a parole panel on the case, ninety days prior to the effective date of the parole; provided that at least two-thirds of the members of the board must authorize and sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. A provisional parole order shall include the terms and conditions, if any, to be met by the prisoner during the provisional period and terms and conditions, if any, to be met upon parole. Upon satisfactory completion of the provisional period, the executive director or one lawfully acting for him, shall issue an order, which, if accepted by the prisoner, shall provide for his release from custody.

Provided, that upon a negative determination of parole, prisoners in confinement for a violent crime as defined in Section 16-1-60 must have their case reviewed every two years for the purpose of a determination of parole."

SECTION 32. Section 24-21-650 of the 1976 Code, as amended by Act 110 of 1977, is further amended to read:
"Section 24-21-650. The board shall issue an order authorizing the parole which shall must be signed by at least a majority of its members, with terms and conditions, if any; provided that at least two-thirds of the members of the Board must sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. Thereupon the supervisor of parole, or one lawfully acting for him, shall issue a parole order, which, if accepted by the prisoner, shall provide for his release from custody.

Provided, that upon a negative determination of parole, prisoners in confinement for a violent crime as defined in Section 16-1-60 must have their case reviewed every two years for the purpose of a determination of parole."

SECTION 33. The 1976 Code is amended by adding Section 16-1-60 to read:
Section 16-1-60. For purposes of definition under South Carolina law a violent crime includes the offenses of murder, criminal sexual conduct in the first and second degree, assault and battery with intent to kill, kidnapping, voluntary manslaughter, armed robbery, drug trafficking as defined in Section 44-53-370(e), arson in the first degree, burglary in the first degree, and burglary in the second degree under Section 16-11-312(B).

SECTION 34. The 1976 Code is amended by adding Section 16-1-70 to read:
"Section 16-1-70. For purposes of definition under South Carolina law a nonviolent crime is all offenses not specifically enumerated in Section 16-1-60."

SECTION 35. Section 24-21-610 of the 1976 Code, as last amended by Act 482 of 1984, is further amended to read:
"Section 24-21-610. In all cases cognizable under this chapter the board may, upon ten days' written notice to the solicitor and judge who participated in the trial of any prisoner, parole a prisoner convicted of a felony crime and imprisoned in the state penitentiary, in any jail, or upon the public works of any county who if:

(1) sentenced for not more than thirty years has served at least one third of the term;

(2) sentenced to life imprisonment or imprisonment for any period in excess of thirty years, has served at least ten years;.

(3) he is a first offender and is sentenced for an indeterminate term has served the minimum for which he was sentenced.

If after January 1, 1984, the board finds that the statewide case classification system provided for in Chapter 23 of this title has been implemented, that an intensive supervision program for parolees who require more than average supervision has been implemented, that a system for the periodic review of all parole cases in order to assess the adequacy of supervisory controls and of parolee participation in rehabilitative programs has been implemented, and that a system of contracted rehabilitative services for parolees is being furnished by public and private agencies, then in all cases cognizable under this chapter the board may, upon ten days' written notice to the solicitor and judge who participated in the trial of any prisoner, to the victim or victims, if any, of the felony crime, and to the sheriff of the county where the prisoner resides or will reside, parole a prisoner convicted of a felony and imprisoned in the state penitentiary, in any jail, or upon the public works of any county who, if: (1) sentenced for the crime of murder, armed robbery, criminal sexual assault, assault and battery with intent to kill, or kidnapping, has served at least one third of the term sentenced for a violent crime as defined in Section 16-1-60, has served at least one third of the term or the mandatory minimum portion of sentence, whichever is longer. For any other crime the prisoner shall have served at least one fourth of the term of a sentence or if; (2) sentenced to life imprisonment or imprisonment for any period in excess of forty years, has served at least ten years; (3) he is a first offender and is sentenced for an indeterminate term has served the minimum for which he was sentenced.

The provisions of this section do not affect the parole ineligibility provisions for murder, armed robbery, and drug trafficking as set forth respectively in Section 16-3-20, Section 16-11-330, and Subsection (e) of Section 44-53-370.

In computing parole eligibility, no deduction of time may be allowed in any case for good behavior, but after June 30, 1981, there must be deductions of time in all cases for earned work credits, notwithstanding the provisions of Sections 16-3-20, 16-11-330, and 24-13-230.

Notwithstanding the provisions of this section, the board may parole any prisoner not sooner than one year prior to the prescribed date of parole eligibility when, based on medical information furnished to it, the board determines that the physical condition of the prisoner concerned is so serious that he would not be reasonably expected to live for more than one year. Notwithstanding any other provision of this section or of law, no prisoner who has served a total of ten consecutive years or more in prison may be paroled until the board has first received a report as to his mental condition and his ability to adjust to life outside the prison from a duly qualified psychiatrist or psychologist."

SECTION 36. Section 24-13-710 of the 1976 Code, as last amended by Act 96 of 1983, is further amended to read:
"Section 24-13-710. The Department of Corrections and the Parole and Community Corrections Board will jointly develop the policies, procedures, guidelines, and cooperative agreement for the implementation of a supervised furlough program which will permit carefully screened and selected inmates who have served the mandatory minimum sentence as required by law or have not committed the crime of murder, armed robbery, criminal sexual assault, assault and battery with intent to kill, drug trafficking, or kidnapping a violent crime as defined in Section 16-1-60 to be released on furlough prior to parole eligibility and under the supervision of state probation and parole agents with the privilege of residing in an approved residence and continuing treatment, training, or employment in the community until parole eligibility or expiration of sentence, whichever is earlier. The department and the Parole and Community Corrections Board shall assess a fee sufficient to cover the cost of the participant's supervision and any other financial obligations incurred because of his participation in the supervised furlough program as provided by this article. The two agencies shall jointly develop and approve written guidelines for the program to include, but not be limited to, the selection criteria and process, requirements for supervision, conditions for participation, and removal. The cooperative agreement between the two agencies will specify the responsibilities and authority for implementing and operating the program. Inmates approved and placed on the program will be under the supervision of agents of the Department of Parole and Community Corrections who will be responsible for insuring the inmate's compliance with the rules, regulations, and conditions of the program as well as monitoring the inmate's employment and participation in any of the prescribed and authorized community-based correctional programs such as vocational rehabilitation, technical education, and alcohol/drug treatment. Eligibility criteria for the program shall include, but are not limited to, all of the following requirements:

(1) Maintain a clear disciplinary record for at least six months prior to consideration for placement on the program.

(2) Demonstrate to Department of Corrections officials a general desire to become a law-abiding member of society.

(3) Satisfy any other reasonable requirements imposed upon him by the Department of Corrections.

(4) Have an identifiable need for and willingness to participate in authorized community-based programs and rehabilitative services.

(5) Have been committed to the State Department of Corrections with a total sentence of five years or less as the first or second adult commitment for a criminal offense for which the inmate received a sentence of one year or more.

The Department of Corrections shall notify victims pursuant to Section 16-3-1530 (c) as well as the sheriff's office of the place to be released before releasing inmates through any supervised furlough program.

These requirements shall not apply to the crimes referred to in this section."

SECTION 37. Section 17-25-45 of the 1976 Code is amended to read:

"Section 17-25-45. (1) A. Notwithstanding any other provision of law, any person who has three convictions under the laws of this State, any other state, or the United States, for the crimes of voluntary manslaughter, criminal sexual conduct in the first degree, armed robbery, burglary, safecracking, and assault and battery with intent to kill a violent crime as defined in Section 16-1-60 except a crime for which a sentence of death has been imposed shall, upon such the third conviction in this State for such crime, be sentenced to life in prison imprisonment without parole.

B. No part of the sentences prescribed in item A. shall be suspended but persons sentenced thereunder shall be eligible for parole as provided by law.

C. B. For the purpose of this section only, a conviction shall be is considered a second conviction only if the date of the commission of the second crime occurred subsequent to the imposition of the sentence for the first offense. A conviction shall be is considered a third conviction only if the date of the commission of the third crime occurred subsequent to the imposition of the sentence for the second offense. Convictions totaling more than three shall must be determined in a like manner.

(2) The decision to invoke sentencing under Subsection (1) shall be in the discretion of the solicitor."

SECTION 38. Notwithstanding any other provision of law, any State or local prisoner who is not in the highest trusty grade and who is assigned to a work detail outside the confines of any correctional facility shall wear a statewide uniform. The uniform must be of such a design and color as to easily be identified as a prisoner's uniform and stripes must be used in the design. The Department of Corrections Division of Prison Industries shall manufacture the statewide uniform and make it available for sale to the local detention facilities. The commissioner of the Department of Corrections may determine, in his discretion, that the provisions of this section do not apply to certain prisoners.

SECTION 39. No offender committed to incarceration under the 16-1-60 section can be released back into the community in which he committed the offense under the work release program.

SECTION 40. (A) Sections 14-1-210, 14-1-220, and 14-1-230 of the 1976 Code as established by Section 52 of Part II of Act 201 of 1985 are hereby amended to read as follows:
"Section 14-1-210. (A) Beginning on July 1, 1985, and continuously thereafter, each conviction for an offense against the State must be assessed a cost of court fee to fund local correctional facilities programs established pursuant to Chapter 21 of Title 24 of the 1976 Code.

Every such conviction must, in addition to any other assessments provided by law, be assessed a cost of court fee in accordance with the following schedule:

(1) every conviction for an offense in the magistrates' courts or municipal courts of this State must be assessed a cost of court fee of seven dollars and seventy-five cents; the cost of court fee set forth herein may not be suspended, except for traffic offenses of an expired tag on a vehicle and an expired inspection sticker, and must be collected by the municipal and magistrate's court regardless of the amount of fine or bond imposed. No cost of court fee may be assessed in municipal or magistrate's court where a term of imprisonment only is imposed as the punishment.

(2) every conviction for an offense in the general sessions courts must be assessed;

(a)     a cost of court fee of seven dollars and seventy-five cents where no criminal fine is imposed; or

(b)     an additional twenty percent of the total of a criminal fine imposed. No cost of court fee may be assessed in general sessions court where a term of imprisonment only is imposed as the punishment.
Section 14-1-220. Each city recorder, mayor, or municipal clerk of court or other person who receives monies from the cost of court assessments in criminal or traffic cases in the municipal courts shall transmit all these monies to the Office of State Treasurer. Each county clerk of court, magistrate or other person who receives monies from the cost of court assessments in general sessions or magistrates courts shall transmit all these monies to the county treasurer of the county. These transmittals must be made no less frequently than once each month, and must be completed on or before the fifteenth day of the month following the month being reported. The municipal clerk of court or county treasurer shall then forward the total sum collected to the State Treasurer on or before the twenty-fifth day of the month. Any municipality in this State may enter into a mutual agreement with the county in which it is located to provided for joint collections and transmittals under those terms and conditions as the respective bodies may agree. In these cases, receipts and transmittals required by this section shall reflect, in the report of transmittal to the State Treasurer, the collection and forwarding of all monies from the named sources.

The Department of Parole and Community Corrections shall deposit with the State Treasurer funds collected from offenders in Restitution Centers for credit to the same account as funds collected under Section 14-1-210.
Section 14-1-230. The State Treasurer shall record, before the last day of that same month, the total monthly submissions of monies from the respective county treasurers and municipal clerks of courts, and the Department of Parole and Community Corrections shall deposit these monies into a separate and restricted account. Funds deposited to this account shall remain in the account from fiscal year to fiscal year and shall be available to the General Assembly for appropriation to programs established pursuant to Chapter 21 of Title 24 of the 1976 Code. This account must be set aside for use by the State Budget and Control Board in financing local correctional facility construction or renovation projects for additional bedspace for convicted offenders who receive sentences of greater than ninety days and less than one year, and for use by the board in funding the additional operation costs of local correctional facilities due to provisions of law requiring that local governing bodies assume custody and control of convicted offenders who receive sentences of greater than ninety days and less than one year. No more than thirty-five percent of the cost of court fees and additional fines as imposed pursuant to subitems (a) and (b), of item (2) of subsection A. of this section received may be used for construction or renovation purposes.

(B) The provisions of this section shall take effect July 1, 1985."

SECTION     41. Any new program established under this act or any change in any existing program may only be implemented to the extent that appropriations for such programs have been authorized by the General Assembly.

SECTION     42. Consideration for the location of new correctional facilities constructed by the state may be given to counties with high unemployment rates, as determined by the Research and Statistical Services Division of the State Budget and Control Board, provided that such location does not impede the ability of the correctional facility to (1) have access to gainful employment for any inmates who may qualify under requirements for restitution or other correctional programs, and (2) acquire necessary goods and services, including adequate water, sewer, electrical and telephone or other communication systems. The provisions of this section apply only if the governing body of the county requests that a facility be constructed in its county. Provided, that the provisions of this section shall not affect any sites selected by the State Board of Corrections prior to the effective date of this section.

SECTION 43. Section 16-3-28 of the 1976 Code is amended to read:
"Notwithstanding any other provision of law, in any criminal trial where the maximum penalty is death or in a separate sentencing proceeding following such trial, the defendant or and his counsel shall have the right to make the last argument."

SECTION 44. This act shall take effect upon approval by the Governor; provided, however, that Sections 17 through 25 shall take effect January 1, 1987.

Amend title to conform.

Respectfully submitted,

Horace C. Smith                   James M. Arthur
Thomas E. Smith, Jr.              Jean H. Toal
Glenn F. McConnell                Robert J. Sheheen
 On Part of the Senate             On Part of the House

Rep. SHEHEEN explained the Report.

The report was adopted and a message was ordered sent to the Senate accordingly.

The following was received.
Columbia, S.C., May 22, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 459:

S. 459 -- Senators Horace C. Smith, Mitchell, Theodore, J. Verne Smith, Drummond, Newman, Doar, Waddell, Land, Nell Smith and Long: A BILL TO ENACT "THE OMNIBUS CRIMINAL JUSTICE IMPROVEMENTS ACT OF 1985" WHICH INCLUDES PROVISIONS TO AMEND CHAPTER 25 OF TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AND EXECUTION, BY ADDING ARTICLE 2 SO AS TO CREATE A COMMUNITY PENALTIES PROGRAM AND PROVIDE FOR GRANT FUNDING THROUGH THE OFFICE OF THE GOVERNOR; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 17, RELATING TO CRIMINAL JUDGMENT AND EXECUTION, BY ADDING SECTION 17-25-115 SO AS TO EMPOWER JUDGES SITTING IN GENERAL SESSIONS TO ORDER RESTITUTION AS A CONDITION OF PAROLE; TO AMEND TITLE 2, RELATING TO STATE GOVERNMENT BY ADDING CHAPTER 48 SO AS TO AUTHORIZE CERTAIN COST OF COURT FEES TO BE ASSESSED IN CRIMINAL CASES AND PROVIDE FOR THE USE OF THESE ASSESSMENTS FOR PRISONER INCARCERATION PURPOSES; TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 24, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-31 TO AUTHORIZE THE PAYMENT OF GENERAL REVENUE FUNDS TO LOCAL GOVERNMENTS AS A SUBSIDY FOR INCREASES IN LOCAL INMATE POPULATIONS AND TO PROVIDE FOR SUBSIDY PAYMENTS BY THE DEPARTMENT OF CORRECTIONS TO LOCAL GOVERNMENTS TO MAINTAIN A DESIGNATED FACILITIES PROGRAM; TO AMEND CHAPTER 13 OF TITLE 24, RELATING TO PRISONERS, BY ADDING ARTICLE 11 SO AS TO ESTABLISH VOLUNTARY PROGRAMS FOR WORK/PUNISHMENT OF INMATES CONFINED TO LOCAL CORRECTIONAL FACILITIES; TO AMEND ARTICLE 3, CHAPTER 1 OF TITLE 42, RELATING TO WORKERS' COMPENSATION, BY ADDING SECTION 42-1-505 SO AS TO PROVIDE THAT PERSONS CONVICTED OF CRIME PARTICIPATING IN PUBLIC SERVICE AND COMMUNITY WORK PROGRAMS MAY BE COVERED UNDER WORKERS' COMPENSATION UNDER CERTAIN CONDITIONS; TO AMEND ARTICLE 7, CHAPTER 5 OF TITLE 22, RELATING TO MAGISTRATES' POWERS AND DUTIES IN CRIMINAL MATTERS, BY ADDING SECTION 22-5-580 SO AS TO ESTABLISH A PRETRIAL CLASSIFICATION PROGRAM TO ASSIST MAGISTRATES WITH THE BAIL SETTING DECISIONS; TO AMEND CHAPTER 1 OF TITLE 23, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING SECTION 23-1-225 SO AS TO AUTHORIZE CERTAIN SUBSIDY PAYMENTS TO LOCAL LAW ENFORCEMENT AGENCIES FOR CRIME PREVENTION PROGRAMS; TO AMEND SECTION 24-21-80, RELATING TO PROBATIONERS AND PAROLEES SO AS TO REQUIRE A WEEKLY SUPERVISORY FEE TO BE PAID BY OFFENDERS UNDER CERTAIN SUPERVISION OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS; TO AMEND SECTION 2-7-72, RELATING TO FISCAL IMPACT STATEMENTS, SO AS TO REQUIRE CERTAIN BILLS OR RESOLUTIONS AFFECTING CRIMES, OFFENSES, OR THE CRIMINAL JUSTICE SYSTEM TO HAVE A FISCAL IMPACT STATEMENT CONTAINING SPECIFIED INFORMATION; TO AMEND ACT 418 OF 1984, RELATING TO VICTIMS AND WITNESSES SO AS TO AUTHORIZE GARNISHMENT OF WAGES OR THE PLACING OF CIVIL LIENS ON PROPERTY TO ENFORCE ORDERS OF RESTITUTION; TO AMEND SECTION 24-3-40, RELATING TO PRISONERS SO AS TO PROVIDE FOR CERTAIN WITHHOLDING FROM THE WAGES OF PRISONERS WORKING AT PAID EMPLOYMENT IN THE COMMUNITY FOR THE PURPOSE OF SUPPORTING VICTIM ASSISTANCE PROGRAMS; TO AMEND SECTION 24-3-30, RELATING TO THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS SO AS TO REVISE THE SENTENCES OF IMPRISONMENT WHICH MUST BE SERVED AT THE LOCAL LEVEL, AND PROVIDE THAT EACH COUNTY MUST MAINTAIN A FACILITY SUITABLE FOR CONFINEMENT; TO AMEND SECTION 24-21-13, RELATING TO PROBATION, PAROLE AND PARDON SO AS TO AUTHORIZE THE PAROLE AND COMMUNITY CORRECTIONS BOARD TO DEVELOP POLICIES FOR PUBLIC SERVICE WORK PROGRAMS FOR CERTAIN OFFENDERS; TO AMEND ARTICLE 2, CHAPTER 23 OF TITLE 24, RELATING TO SENTENCING AND PROBATION PROCEDURES BY ADDING SECTION 24-23-115; TO AMEND SECTION 20-7-1350, RELATING TO FAMILY COURTS SO AS TO PROVIDE THAT FAMILY COURT JUDGES ARE EMPOWERED TO UTILIZE CERTAIN UNPAID PUBLIC SERVICE WORK AS A PUNISHMENT FOR CONTEMPT OF COURT; TO AMEND SECTION 24-13-210, RELATING TO CREDIT GIVEN CONVICTS FOR GOOD BEHAVIOR SO AS TO PROVIDE FOR GOOD BEHAVIOR CREDIT TO BE GIVEN TO PRISONERS INCARCERATED AT THE LOCAL LEVEL; TO AMEND SECTION 24-13-230, RELATING TO PRISONERS SO AS TO PROVIDE THAT INMATES SERVING SENTENCES IN LOCAL DETENTION FACILITIES SHALL EARN CREDITS AGAINST SENTENCE FOR PRODUCTIVE DUTY ASSIGNMENTS; TO AMEND SECTION 24-13-270, RELATING TO PRISONERS SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS AND LOCAL OFFICIALS MAY PERMIT THE RELEASE OF PRISONERS ON THE FIRST AND FIFTEENTH DAYS OF THE MONTH IN WHICH THEIR SENTENCES EXPIRE; AND TO REPEAL SECTION 17-25-90 RELATING TO THE REQUIRED PLACE TO SERVE CERTAIN SENTENCES; TO PROVIDE FOR A REVIEW OF THE EFFECTIVENESS OF THIS ACT BY THE BUDGET AND CONTROL BOARD PRIOR TO STATE FISCAL YEAR 1990-91.

Very respectfully,
President

No. 87

Received as information.

The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

The following was received.

The Committee of Conference, to whom was referred:

H. 3107 -- Rep. Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-615 SO AS TO MAKE IT UNLAWFUL TO CULTIVATE OR ATTEMPT TO CULTIVATE MARIJUANA ON THE LAND OF ANOTHER AND TO PROVIDE A PENALTY.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Reference is to Printer's Date 5/8/86--S.

Amend the bill, as and if amended, page 1, line 34, by striking /two/ and inserting /five/ therein.

Amend title to conform.

John A Martin                     James W. Johnson
Alexander S. Macaulay             John W. Tucker
Thomas H. Pope                    Thomas E. Huff
On Part of the Senate               On Part of the House

The report was adopted and a message was ordered sent to the Senate accordingly.

Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, on:

S. 778 -- Senators Doar, Lourie and McLeod: A BILL TO ALLOW A NONREFUNDABLE STATE INCOME TAX CREDIT OF TWENTY PERCENT, NOT TO EXCEED THREE HUNDRED DOLLARS, FOR EXPENSES PAID BY THE TAXPAYER FOR INSTITUTIONAL INTERMEDIATE OR LICENSED BOARDING HOME CARE OF A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER WHOSE EXPENSES ARE NOT PAID FROM PUBLIC SOURCE FUNDS.

Ordered for consideration tomorrow.

Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

S. 1275 -- Senator Ravenel: A BILL TO AMEND SECTION 12-35-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF SALES TAX BY A RETAILER UNDER CONDITIONAL SALES CONTRACTS, SO AS TO PROVIDE THAT WHEN SALES OF RETAILERS ARE MADE ON AN INSTALLMENT BASIS WHICH CONFORM TO THE UNIFORM COMMERCIAL CODE AND FOR WHICH THE RETAILER TAKES A SECURITY INTEREST THE VENDOR MAY ELECT TO RETURN A PORTION OF THE SALES PRICE ACTUALLY RECEIVED OR INCLUDE THE ENTIRE SALES PRICE TO THE STATE TAX COMMISSION FOR SALES TAX PURPOSES.

Ordered for consideration tomorrow.

Rep. MANGUM, from the Committee on Ways and Means, submitted a favorable report, on:

S. 1315 -- Senators Horace C. Smith, E. Patterson and Lee: A BILL TO AMEND SECTION 9-1-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEES OF POLITICAL SUBDIVISIONS AS MEMBERS OF THE STATE RETIREMENT SYSTEM, SO AS TO AUTHORIZE MEMBERS OF A CITY RETIREMENT SYSTEM WHO TRANSFER TO A UNIT COVERED BY THE STATE RETIREMENT SYSTEM TO RECEIVE CREDIT UNDER THE STATE SYSTEM BY PAYING THE FULL ACTUARIAL COST AS DETERMINED BY THE ACTUARY OF THE STATE RETIREMENT SYSTEM.

Ordered for consideration tomorrow.

Rep. EDWARDS, from the Committee on Spartanburg Delegation, submitted a favorable report, on:

S. 1267 -- Senators Lee, Horace C. Smith and E. Patterson: A BILL TO AMEND ACT 612 OF 1984, RELATING TO THE ELECTION OF TRUSTEES FOR THE SCHOOL DISTRICTS OF SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD TO REAPPOINT AN INCUMBENT TRUSTEE, IN THE EVENT NO ONE HAS FILED A PETITION OF CANDIDACY, AT LEAST SIXTY DAYS BEFORE THE ELECTION INSTEAD OF AT THE TIME HIS TERM EXPIRES.

On motion of Rep. EDWARDS, with unanimous consent, the following Bill was taken up for immediate consideration.

S. 1267 -- Senators Lee, Horace C. Smith and E. Patterson: A BILL TO AMEND ACT 612 OF 1984, RELATING TO THE ELECTION OF TRUSTEES FOR THE SCHOOL DISTRICTS OF SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD TO REAPPOINT AN INCUMBENT TRUSTEE, IN THE EVENT NO ONE HAS FILED A PETITION OF CANDIDACY, AT LEAST SIXTY DAYS BEFORE THE ELECTION INSTEAD OF AT THE TIME HIS TERM EXPIRES.

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

On motion of Rep. EDWARDS, with unanimous consent, it was ordered that S. 1267 be read the third time tomorrow.

Rep. McEACHIN, from the Committee on Florence Delegation, submitted a favorable report, on:

H. 3942 -- Rep. McEachin: A BILL TO AMEND ACT 239 OF 1981, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR FLORENCE COUNTY SCHOOL DISTRICT NO. 1 AND THE MANNER IN WHICH THE ANNUAL TAX MILLAGE FOR THE DISTRICT IS ESTABLISHED, SO AS TO AUTHORIZE A SPECIAL VOTE BY THE QUALIFIED ELECTORS OF THE DISTRICT ON THE SCHOOL MILLAGE FOR THE DISTRICT FOR FISCAL YEAR 1986-87.

On motion of Rep. McEACHIN, with unanimous consent, the following Bill was taken up for immediate consideration.

H. 3942 -- Rep. McEachin: A BILL TO AMEND ACT 239 OF 1981, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR FLORENCE COUNTY SCHOOL DISTRICT NO. 1 AND THE MANNER IN WHICH THE ANNUAL TAX MILLAGE FOR THE DISTRICT IS ESTABLISHED, SO AS TO AUTHORIZE A SPECIAL VOTE BY THE QUALIFIED ELECTORS OF THE DISTRICT ON THE SCHOOL MILLAGE FOR THE DISTRICT FOR FISCAL YEAR 1986-87.

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

On motion of Rep. McEACHIN, with unanimous consent, it was ordered that H. 3942 be read the third time tomorrow.

On motion of Rep. T. ROGERS, with unanimous consent, the House stood in Silent Prayer in memory of the late Barry Naylor, Sr., and his wife.

Rep. T. ROGERS moved that when the House adjourns today, it adjourn out of memory and respect for the late Barry Naylor, Sr., and his wife, which was agreed to.

Rep. L. MARTIN moved to waive Rule 6.1, which was agreed to.

On motion of Rep. BARFIELD, with unanimous consent, the following was taken up for immediate consideration:

H. 3944 -- Reps. W. Arthur and Beasley: A HOUSE RESOLUTION INVITING THE HARTSVILLE HIGH SCHOOL BASEBALL TEAM, 1986 STATE CHAMPIONS, TO THE HOUSE CHAMBERS ON TUESDAY, JUNE 3, 1986, AT TWELVE O'CLOCK NOON, OR ON THE FIRST MUTUALLY CONVENIENT LEGISLATIVE DAY THEREAFTER, TO BE RECOGNIZED AND COMMENDED FOR THEIR EXCELLENT SEASON AND OUTSTANDING ACHIEVEMENTS.

Whereas, the Hartsville High School baseball team has won the 1986 state championship; and

Whereas, the team had an excellent season, breaking records along the way and having players receive all-star recognition; and

Whereas, the Hartsville team is one of the strongest and most exciting baseball teams at the high school level to come along in many years; and

Whereas, it would be entirely fitting for the team to be presented in these chambers to the members of the House of Representatives to receive the recognition and commendation they so richly deserve. Now, therefore,

Be it resolved by the House of Representatives:

That the House of Representatives, by this resolution, invites the Hartsville High School baseball team, 1986 state champions, to the House chambers on Tuesday, June 3, 1986, at twelve o'clock noon, or on the first mutually convenient legislative day thereafter, to be recognized and commended for their excellent season and outstanding achievements.

Be it further resolved that a copy of this resolution be forwarded to the principal of Hartsville High School and to the head coach of the Hartsville High School baseball team.

The Resolution was adopted.

On motion of Rep. T. ROGERS, with unanimous consent, the following was taken up for immediate consideration:

H. 3945 -- Rep. Harvin: A CONCURRENT RESOLUTION EXTENDING BEST WISHES TO THE UNIVERSITY SOUTH CAROLINIANA SOCIETY ON THE OCCASION OF ITS FIFTIETH ANNUAL MEETING, COMMENDING THE SOCIETY FOR ITS SPLENDID WORK, AND DESIGNATING MAY 30, 1986, AS "UNIVERSITY SOUTH CAROLINIANA SOCIETY DAY" IN SOUTH CAROLINA.

Whereas, the University South Caroliniana Society was organized in 1937 by a group of dedicated citizens across the State to provide support and assistance in building up the South Carolina collection of the University of South Carolina through the acquisition of books, manuscripts, newspapers, maps, and pictorial materials documenting the historical, literary, cultural, social, and intellectual heritage of the State; and

Whereas, the Society has grown into an organization of over one thousand nine hundred members who have been responsible for helping to develop the finest collection of printed and manuscript South Caroliniana in the world housed at the University's South Caroliniana Library; and

Whereas, the collection has been used by scholars from South Carolina, the nation, and foreign countries who have published hundreds of books (many of which have won awards) from the historical materials preserved in the South Caroliniana Library; and

Whereas, the Society is holding its fiftieth annual meeting on May 30, 1986; and

Whereas, the Society has rendered outstanding service over the years to advance the academic reputation of the University of South Carolina and to provide for the permanent preservation of this State's historical, literary, and cultural treasures; and

Whereas, the members of the University South Caroliniana Society executive council are Dr. Walter B. Edgar (president), Dr. Mary C. Anderson (vice-president), Mr. Andrew Berry (vice-president), and Mr. Allen H. Stokes (secretary-treasurer); and

Whereas, the Society's councilors include Mrs. Elizabeth B. Coker, Mrs. Butler Derrick, Sr., Mr. Poinnsett Exum, Mrs. Nancy C. Fox, Dr. Flynn T. Harrell, Honorable Alex Harvin, III, Mrs. Rita Hayes, Dr. A.V. Huff, Jr., Dr. Charles Kovacik, and Mr. Thomas O. Lawton, Jr.; and

Whereas, Mr. Allen H. Stokes is librarian and Dr. Thomas L. Johnson is assistant librarian; and

Whereas, the General Assembly believes that the Society is deserving of recognition and that May 30, 1986, should be designated as "University South Caroliniana Society Day" in this State. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the General Assembly of the State of South Carolina, by this resolution, extends best wishes to the University South Caroliniana Society on the occasion of its fiftieth annual meeting, commends the Society for its splendid work, and designates May 30, 1986, as "University South Caroliniana Society Day" in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to Dr. Walter B. Edgar, 1713 Hollywood Drive, Columbia, South Carolina, 29205, in behalf of the executive council, the councilors, and the whole Society, and to Mr. Allen H. Stokes, librarian, 2805 Kershaw Street, Columbia, South Carolina, 29205.

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

The following was introduced:

H. 3946 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. C.S. BURTON, JR., OF REIDSVILLE, NORTH CAROLINA, UPON HIS DEATH.

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

The following was taken up for immediate consideration:

H. 3947 -- Reps. Schwartz, Griffin, Blanding, G. Brown and W. Arthur: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BYPASS WHICH IS LOCATED ON THE NORTHWESTERN, NORTHERN, NORTHEASTERN, AND EASTERN SIDES OF THE CITY OF SUMTER ORIGINATING AT U. S. 76 AND U. S. 378 NORTHWEST OF SUMTER AND ENDING ON THE EASTERN SIDE OF THE CITY AT U. S. 378, THE ROBERT E. GRAHAM FREEWAY, AND TO REPEAL H. 3370 OF 1986, A CONCURRENT RESOLUTION REQUESTING THAT THE DEPARTMENT NAME WESMARK BOULEVARD AND CARTER ROAD IN SUMTER COUNTY THE ROBERT E. GRAHAM BOULEVARD.

Whereas, Robert E. Graham has been active in civic affairs in Sumter for many years; and

Whereas, he was Mayor of the city of Sumter for eight years, served on the State Higher Education Commission for eight years, served on the Sumter Higher Education Commission for seven years; and

Whereas, Mr. Graham served as vice-chairman of the Hospital Board of Tuomey Hospital and as its treasurer for twenty-two years; and

Whereas, he is a former president of the Sumter Jaycees, Sumter Chamber of Commerce, and the American Legion Post 15; and

Whereas, Robert Graham has served as Worshipful Master of Claremont Masonic Lodge and has headed the Red Cross Drive and United Appeal Drive in Sumter; and

Whereas, it is believed that the outstanding accomplishments of this popular and highly respected citizen of Sumter County should be recognized. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the Department of Highways and Public Transportation is requested to name the bypass which is located on the northwestern, northern, northeastern, and eastern sides of the city of Sumter originating at U. S. 76 and U. S. 378 northwest of Sumter and ending on the eastern side of the city at U. S. 378, the Robert E. Graham Freeway, and to repeal H. 3370 of 1986, a Concurrent Resolution requesting that the Department name Wesmark Boulevard and Carter Road in Sumter County the Robert E. Graham Boulevard.

Be it further resolved that the Department of Highways and Public Transportation is requested to erect appropriate markings with the following inscribed on the marking "Robert E. Graham Freeway".

Be it further resolved that H. 3370 of 1986 is repealed.

Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the Department of Highways and Public Transportation.

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

The following was introduced:

H. 3948 -- Dorchester County Delegation: A CONCURRENT RESOLUTION EXPRESSING THE BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO AUGUSTUS "GUS" MOODY OF SUMMERVILLE IN DORCHESTER COUNTY, WHO IS RETIRING AFTER THIRTY YEARS AS BAND DIRECTOR AT SUMMERVILLE HIGH SCHOOL.

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

The Senate sent to the House the following:

S. 1335 -- Senators Nell W. Smith and Garrison: A CONCURRENT RESOLUTION TO COMMEND DR. JOHN W. MANLY FOR HIS MANY CONTRIBUTIONS TO THE EDUCATIONAL SYSTEM OF THIS STATE UPON HIS RETIREMENT AS EXECUTIVE VICE-PRESIDENT OF TRI-COUNTY TECHNICAL COLLEGE IN PENDLETON, SOUTH CAROLINA.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The Senate sent to the House the following:

S. 1336 -- Senators Wilson and Giese: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO EMORY P. AUSTIN, JR., DIRECTOR OF THE MOTOR VEHICLE DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, UPON HIS RETIREMENT.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The Senate sent to the House the following:

S. 1337 -- Senator Shealy: A CONCURRENT RESOLUTION TO CONGRATULATE THE GILBERT HIGH SCHOOL, LEXINGTON COUNTY, LADY INDIAN TRACK TEAM ON WINNING THE STATE CLASS A TRACK AND FIELD CHAMPIONSHIP AND TO COMMEND COACH JANET CONE FOR THE EXPERT COACHING SKILL WHICH LED THIS TEAM TO VICTORY.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The Senate sent to the House the following:

S. 1338 -- Senators Elizabeth Patterson, Setzler, Moore, Theodore, Peeler and Mitchell: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES CONGRESS TO INVESTIGATE THE DEPARTURE OF MR. WALTER C. LENAHAN FROM THE PRESENT ADMINISTRATION WHERE HE SERVED AS DEPUTY ASSISTANT SECRETARY FOR TEXTILES AND APPAREL IN THE OFFICE OF TRADE DEVELOPMENT OF THE UNITED STATES DEPARTMENT OF COMMERCE AND THE SUBSEQUENT EMPLOYMENT OF MR. LENAHAN TO REPRESENT THE TEXTILE INDUSTRY INTERESTS OF JAPAN.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 3949 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DR. JOHN W. MANLY, EXECUTIVE VICE PRESIDENT OF TRI-COUNTY TECHNICAL COLLEGE IN PENDLETON IN ANDERSON COUNTY UPON HIS RETIREMENT.

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

The Senate sent to the House the following:

S. 1341 -- Senators Moore, Setzler and Shealy: A CONCURRENT RESOLUTION TO CONGRATULATE ROBERT M. BELL, OF AIKEN COUNTY, HIGHWAY COMMISSIONER FROM THE SECOND JUDICIAL CIRCUIT, ON HAVING THE ROBERT M. BELL PARKWAY IN AIKEN COUNTY NAMED AFTER HIM.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The Senate sent to the House the following:

S. 1342 -- Senator Wilson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO JOHN W. PARRIS, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA LAND RESOURCES COMMISSION, ON RECEIVING THE 1986 NATIONAL HONOR AWARD OF THE SOIL CONSERVATION SOCIETY OF AMERICA.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 3950 -- Rep. Harvin: A BILL TO PROVIDE FOR THE NONPARTISAN ELECTION AND THE APPOINTMENT OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 1 IN CLARENDON COUNTY; TO INCREASE THE NUMBER OF THE BOARD MEMBERS FROM SEVEN TO TEN IN 1986; TO DECREASE THE NUMBER TO NINE IN 1987 AND AFTER THAT YEAR; TO PROVIDE FOR THE TIME AND MANNER OF THE ELECTIONS AND APPOINTMENTS; TO PROVIDE FOR FILLING OF VACANCIES; AND TO REPEAL ACT 232 OF 1983 RELATING TO THE APPOINTMENT OF TRUSTEES FOR THE SCHOOL DISTRICT.

Without reference.

H. 3951 -- Reps. P. Bradley, Davenport, Felder, Mitchell, Blanding, W. Arthur, H. Brown, Washington, Mattos, Rice, McKay, McLeod, Rhoad, Williams, G. Bailey, Petty, Kay, Russell, Foxworth, Lake, Simpson, Holt, Carnell, Day, Dangerfield, D. Martin, G. Brown, Cooper, Klapman, White, Sharpe, Mangum, Jones, Barfield, Waldrop, Chamblee, J. Brown, Harvin, J. Bradley, Ferguson and K. Bailey: A JOINT RESOLUTION TO AMEND SECTIONS 2 AND 8 OF ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION AND TERMS OF MEMBERS OF THE HOUSE OF REPRESENTATIVES SO AS TO PROVIDE THAT BEGINNING WITH THE GENERAL ELECTION OF 1988 THE MEMBERS OF THE HOUSE MUST BE ELECTED FOR TERMS OF FOUR YEARS EACH, EXCEPT THAT IN 1988 ONLY ONE-HALF OF THE MEMBERS OF THE HOUSE MUST BE ELECTED FOR TWO-YEAR TERMS AND ONE-HALF FOR FOUR-YEAR TERMS AS THE GENERAL ASSEMBLY BY LAW SHALL PRESCRIBE; TO AMEND SECTION 6 OF ARTICLE III RELATING TO THE ELECTION AND TERMS OF THE MEMBERS OF THE SENATE SO AS TO PROVIDE THAT BEGINNING WITH THE 1988 GENERAL ELECTION, MEMBERS OF THE SENATE MUST BE ELECTED FOR TERMS OF SIX YEARS EXCEPT THAT IN 1988 ONLY FIFTEEN MEMBERS OF THE SENATE MUST BE ELECTED FOR TWO-YEAR TERMS, FIFTEEN MEMBERS FOR FOUR-YEAR TERMS, AND SIXTEEN MEMBERS FOR SIX-YEAR TERMS AS THE GENERAL ASSEMBLY BY LAW SHALL PRESCRIBE; AND TO AMEND SECTIONS 3 AND 4 OF ARTICLE IV RELATING TO THE ELECTION AND TERM OF OFFICE OF THE GOVERNOR SO AS TO PROVIDE THAT BEGINNING WITH THE YEAR 1990 THE GOVERNOR MUST BE ELECTED FOR A TERM OF SIX YEARS AND THAT NO PERSON ELECTED GOVERNOR IN 1990 OR THEREAFTER MAY SUCCEED HIMSELF IN OFFICE BUT IS REELIGIBLE.

Rep. P. BRADLEY asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.

Rep. KIRSH objected.

Referred to Committee on Judiciary.

H. 3952 -- Reps. Felder, Mitchell, Bennett and K. Bailey: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ACT 123 OF 1985, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO PROVIDE THAT ORANGEBURG COUNTY SHALL HAVE A REGISTER OF MESNE CONVEYANCES APPOINTED BY THE ORANGEBURG COUNTY GOVERNING BODY.

Without reference.

H. 3953 -- Reps. Lewis, McLellan, L. Phillips and J. Rogers: A BILL TO AMEND ACT 512 OF 1984, AS AMENDED, RELATING TO THE SOUTH CAROLINA EDUCATION IMPROVEMENT ACT OF 1984, SO AS TO MAKE CHANGES TO THE PROVISIONS DEALING WITH MONITORING IMPLEMENTATION OF THE EDUCATION IMPROVEMENT PROGRAM, DUTIES OF THE GOVERNOR AND THE STATE SUPERINTENDENT OF EDUCATION, AND THE CREATION OF THE PUBLIC ACCOUNTABILITY DIVISION, INCLUDING, AMONG OTHER THINGS, DELETING CERTAIN LANGUAGE AND REQUIRING THE DEPUTY SUPERINTENDENT TO PROVIDE ALL REPORTS TO THE GOVERNOR, THE SELECT COMMITTEE, THE JOINT SUBCOMMITTEE, AND THE STATE BOARD OF EDUCATION AND RESPOND TO ANY INQUIRIES FOR INFORMATION.

Referred to Committee on Education and Public Works.

S. 962 -- Senators E. Patterson, Theodore and Nell W. Smith: A BILL TO AMEND CHAPTER 17, TITLE 19, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF WITNESSES BY DEPOSITIONS BY ADDING SECTION 19-17-100 SO AS TO PERMIT THE TAKING OF A VIDEOTAPE DEPOSITION OF A CHILD LESS THAN SIXTEEN YEARS OF AGE WHO IS THE VICTIM OF AN UNLAWFUL SEXUAL OFFENSE IN CERTAIN CASES, TO PROVIDE THE PROCEDURES TO BE USED IN THESE VIDEOTAPE DEPOSITIONS, AND TO AUTHORIZE THE ADMISSION INTO EVIDENCE OF THIS DEPOSITION AT TRIAL UNDER CERTAIN CONDITIONS.

Referred to Committee on Judiciary.

S. 1330 -- Senator Branton: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM IN DORCHESTER COUNTY TO DETERMINE IF THE ELECTORS IN SUMMERVILLE SCHOOL DISTRICT NO. 2 DESIRE THE TRUSTEES OF THAT SCHOOL DISTRICT TO HAVE THE POWER TO LEVY TAXES FOR THE OPERATIONAL EXPENSES OF THE SCHOOL DISTRICT.

Referred to Dorchester Delegation.

S. 1334 -- Senator Land: A BILL TO AMEND ACT 959 OF 1972, AS AMENDED, RELATING TO THE CLARENDON COUNTY AREA VOCATIONAL SCHOOL AND MANPOWER TRAINING CENTER SO AS TO REVISE THE TIMES WHEN THE BOARD OF TRUSTEES THEREOF SHALL MEET.

Without reference.

The roll call of the House of Representatives was taken resulting as follows.

Schwartz               Alexander              Altman
Anderson, J.           Arthur, J.             Arthur, W.
Aydlette               Bailey, G.             Bailey, K.
Barfield               Beasley                Bennett
Blackwell              Blanding               Boan
Bradley, J.            Bradley, P.            Brett
Brown, H.              Brown, J.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Cooper
Cork                   Dangerfield            Davenport
Day                    Derrick                Edwards
Elliott                Evatt                  Faber
Fair                   Felder                 Ferguson
Foxworth               Freeman                Gilbert
Gordon                 Harris, P.             Harvin
Hawkins                Hayes                  Hearn
Helmly                 Hendricks, B.          Hendricks, L.
Holt                   Huff                   Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Keyserling             Kirsh                  Klapman
Kohn                   Koon                   Lake
Lewis                  Limehouse              Lockemy
Mangum                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McEachin               McKay                  McLellan
McLeod                 McTeer                 Mitchell
Moss                   Neilson                Nettles
Ogburn                 Pearce                 Petty
Phillips, O.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Russell
Sharpe                 Sheheen                Shelton
Short                  Simpson                Snow
Stoddard               Taylor                 Thrailkill
Toal                   Townsend               Tucker
Waldrop                Washington             White
Wilkins                Williams               Winstead

I came in after the roll call and was present for the Session on May 27, 1986.

Grady Brown                       Jean L. Harris
Larry Gentry                      Tom G. Woodruff, Jr.
Lenoir Sturkie                    Jack Gregory
Sterling Anderson                 M. Duke Cleveland
A. Victor Rawl                    Lewis Phillips
Sam Foster

The SPEAKER granted Rep. MARCHANT a leave of absence for the day.

The SPEAKER granted Rep. L. HENDRICKS a leave of absence for the day due to illness.

Announcement was made that Dr. Edward Catalano of Columbia is the Doctor of the Day for the General Assembly.

The following Bill was taken up.

H. 3929 -- Reps. G. Bailey and Day: A BILL TO AUTHORIZE THE BOARDS OF TRUSTEES OF ALL SCHOOL DISTRICTS IN DORCHESTER COUNTY TO PREPARE BUDGETS FOR GENERAL SCHOOL PURPOSES TO BE SUBMITTED FOR APPROVAL TO THE DORCHESTER COUNTY BOARD OF EDUCATION, AND TO AUTHORIZE THE BOARD OF EDUCATION, BEGINNING WITH BUDGETS FOR THE 1986-87 SCHOOL YEAR, TO SET THE NECESSARY TAX MILLAGE AFTER APPROVING THE BUDGETS.

Rep. LIMEHOUSE, with unanimous consent, proposed the following Amendment No. 1 (Doc. No. 4696R), which was adopted.

Amend the bill, as and if amended, in SECTION 1, lines 1 and 2, by striking /Beginning with the 1986-87 school year/ and inserting /For the school year 1986-87 only/ so that when amended SECTION 1 shall read:

/SECTION 1. For the school year 1986-87 only, the boards of trustees of all school districts in Dorchester County shall prepare annual budgets for general school purposes and submit the budgets for approval to the Dorchester County Board of Education (board). The board, after approving the budgets, shall set the necessary tax millage to meet the district budgets./

Amend title to conform.

The question then recurred to the passage of the Bill, as amended.

Rep. LIMEHOUSE demanded the yeas and nays, which were not ordered.

The Bill as amended, was then read the third time and ordered sent to the Senate by a division vote of 3 to 1.

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendment.

S. 693 -- Senators Hayes and Hinson: A BILL TO AMEND SECTION 53-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION FOR AMUSEMENT PARKS AND RECOGNIZED STATE AND COUNTY FAIRS TO OPERATE ON SUNDAYS, SO AS TO PROHIBIT THE OPERATION OF RECOGNIZED STATE AND COUNTY FAIRS BETWEEN THE HOURS OF 10:00 A.M. AND 1:00 P.M. ON SUNDAY.

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.

H. 3894 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO DRIVER TRAINING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 536, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

H. 3001 -- Reps. Hearn, Moss, Shelton, J. Harris, Keyserling, M.D. Burriss, Toal and Neilson: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR STATE EMPLOYEES SO AS TO PROVIDE THAT SICK LEAVE MAY BE TAKEN BY AN EMPLOYEE WHEN A MEMBER OF HIS IMMEDIATE FAMILY IS SICK AND IT IS NECESSARY FOR THE EMPLOYEE TO PROVIDE CARE TO HIS FAMILY MEMBER, AND TO DEFINE THE TERM "IMMEDIATE FAMILY" FOR PURPOSES OF THE ABOVE PROVISION.

H. 3943 -- Reps. Huff, J. Anderson and Jones: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-120 SO AS TO PROVIDE THAT RECORDS, PAPERS, OR REPORTS CONCERNING THE DEATH OF A PERSON ON FILE AT ANY HOSPITAL, NURSING HOME, OR OTHER MEDICAL FACILITY IN THIS STATE ARE AVAILABLE TO A CORONER OF ANOTHER STATE IF THE DECEASED PERSON WAS A RESIDENT OF OR IS BURIED IN THE COUNTY IN WHICH THE CORONER SERVES IN THE OTHER STATE, AND TO PROVIDE THAT THE RELEASE OF THESE RECORDS TO THAT CORONER IS NOT PROHIBITED BY THE PROVISIONS OF CHAPTER 3 OF TITLE 30 (FREEDOM OF INFORMATION).

The motion of Rep. KOON to reconsider the vote whereby the following Bill was given a second reading was taken up.

H. 2353 -- Rep. Harvin: A BILL TO ENACT "THE ANIMAL FIGHTING AND BAITING ACT," TO PROVIDE FOR THE SEIZURE, CARE, AND DISPOSITION OF ANIMALS AND TO PROVIDE PENALTIES, TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF OWNING AN ANIMAL FOR THE PURPOSE OF FIGHTING OR BAITING, BEING A PARTY TO OR CAUSING ANY FIGHTING OR BAITING OF ANY ANIMAL, PURCHASING, RENTING, LEASING, OR OTHERWISE ACQUIRING OR OBTAINING THE USE OF ANY STRUCTURE, FACILITY, OR LOCATION FOR THE PURPOSE OF FIGHTING OR BAITING ANY ANIMAL, OR KNOWINGLY ALLOWING OR PERMITTING OR MAKING AVAILABLE ANY STRUCTURE, FACILITY, OR LOCATION TO BE USED FOR THE PURPOSE OF FIGHTING OR BAITING ANY ANIMAL.

Rep. KOON spoke in favor of the motion to reconsider.

The question then recurred to the motion to reconsider the vote whereby the Bill was given a second reading, which was agreed to.

Rep. KOON proposed the following Amendment No. 4, which was adopted.

Amend as and if amended. This Bill shall not apply to dogs used for the purpose of hunting or for dogs used in field trials in more commonly known as "water races", "treeing contests", "Coon On-A-Log", "Bear-Baying", or Fox-Pen-Trials".

Such "Fox-Pen-Trials" must be approved by permit for field trials by SC Wildlife and Marine Resources Department.

Amend title and contents to conform.

Rep. KOON explained the amendment.

The amendment was then adopted.

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

On motion of Rep. KOON, with unanimous consent, it was ordered that H. 2353 be read the third time tomorrow.

Rep. McLELLAN moved to adjourn debate upon the following Bill until Tuesday, June 3, 1986, which was adopted.

H. 3840 -- Reps. McLellan and Cleveland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-250 SO AS TO MAKE IT ILLEGAL FOR ANYONE TO UTILIZE A WATER VESSEL AS A DWELLING PLACE FOR SEVEN CONSECUTIVE DAYS WITHOUT HAVING THE METHOD OF SEWERAGE DISPOSAL OF THE WATER VESSEL APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE A PENALTY FOR VIOLATION, TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS SECTION.

The following Bill was taken up.

H. 3321 -- Reps. Hayes, Hearn, Evatt, Rawl and Fair: A BILL TO AMEND SECTION 56-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OR REVOCATION OF A RESIDENT OR NONRESIDENT DRIVER'S PRIVILEGES UPON CONVICTION IN ANOTHER STATE FOR AN OFFENSE WHICH WOULD RESULT IN SUCH ACTION IF THE OFFENSE WERE COMMITTED IN THIS STATE, SO AS TO PROVIDE THAT SUCH SUSPENSIONS OR REVOCATIONS ARE MANDATORY INSTEAD OF DISCRETIONARY WITH THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Reps. HAYES and LIMEHOUSE proposed the following Amendment No. 1 (Doc. No. 4646R), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 56-1-725. The department shall assess six points against the driver's license of any resident of this State upon receiving notice of the conviction, such conviction not to include the forfeiture of a bond, of the resident in another state of a drug or alcohol related offense which, if committed in this State, is grounds for the suspension or revocation of the South Carolina driver's license."

SECTION 2. Section 56-1-320 of the 1976 Code is repealed.

SECTION 3. This act shall take effect upon approval by the Governor./

Amend totals and title to conform.

Rep. HAYES explained the amendment.

Rep. LOCKEMY asked unanimous consent to amend the amendment at the desk which was agreed to.

The amendment was then adopted.

Rep. L. MARTIN raised the Point of Order that it was now 1:00 p.m., and in accordance with H.3917, the House must stand adjourned.

The SPEAKER sustained the Point of Order.

Further proceedings were interrupted by adjournment, the pending question being the passage of the Bill, as amended.

May 27, 1986
The Honorable Lois T. Shealy
Clerk, SC House of Representatives
Post Office Box 11867
Columbia, SC 29211

Dear Mrs. Shealy:

I am taking this opportunity to voice my opposition to H. 3252, known as the Local Government Finance Act. Initially, I was a cosponsor to the draft version of this bill but once it was sent to Committee, it was dramatically changed by amendments and as I see it, it does nothing more than add additional taxes on top of current property taxes which are now revenue sources for cities and counties. I feel that residents of counties and cities are currently taxed entirely too much by the continued rise in property taxes. The initial thrust of this bill was to provide an alternate source to property taxes as a means of generating revenues for cities and counties and schools and would require a non-advisory referendum by the voter before it could be implemented. The bill has been changed to such an extent now that there is no way that I could support it.

Therefore, I am voicing my opposition to H. 3252 and my pledge to vote against it.

Sincerely,
FRED L. DAY

The Senate returned to the House with concurrence the following:

H. 3941 -- Reps. Schwartz and Gilbert: A CONCURRENT RESOLUTION TO DESIGNATE THURSDAY, MAY 22, 1986, AS "BOYS' CLUB DAY" IN SOUTH CAROLINA.

At 1:00 P.M. the House in accordance with the motion of Rep. T. ROGERS adjourned out of memory and respect for the late Barry Naylor, Sr., and his wife to meet at 10:00 A.M. tomorrow.

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