South Carolina General Assembly
107th Session, 1987-1988

Bill 59


                    Current Status

Bill Number:               59
Ratification Number:       373
Act Number                 356
Introducing Body:          Senate
Subject:                   Relating to the defense of
                           indigents
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A356, R373, S59)

AN ACT TO AMEND SECTIONS 17-3-30 AND 17-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INDIGENTS, SO AS TO PROVIDE THAT AN INDIGENT ORDERED BY THE COURT TO PAY HIS ASSETS TO THE STATE FOR THE PURPOSE OF HIS REPRESENTATION SHALL PAY THESE ASSETS TO THE DEFENDER CORPORATION, IF ONE EXISTS, OF THE COUNTY WHEREIN HE IS BEING REPRESENTED, AND IF ONE DOES NOT EXIST THEN TO THE JUDICIAL DEPARTMENT OF THE STATE AS IS NOW PROVIDED BY LAW.

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

Assets paid to defender corporation

SECTION 1. Section 17-3-30 of the 1976 Code, is amended to read

"Section 17-3-30. A person to whom counsel has been provided shall execute an affidavit that he is financially unable to employ counsel and that affidavit shall set forth all his assets. If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets to the defender corporation of the county or counties wherein he is being represented or, if a defender corporation does not exist therein, to the judicial department of the State of South Carolina."

Assets paid to defender corporation

SECTION 2. Section 17-3-40(a) of the 1976 Code is amended to read:

"(a) The appointment of counsel, as hereinbefore provided, creates a claim against the assets and estate of the person who is provided counsel in an amount equal to the costs of representation as determined pursuant to Sections 17-3-50 and 17-3-80, less that amount that the person pays to the defender corporation of the county or counties wherein he is being represented or the judicial department as provided for in Section 17-3-30."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.