Current Status Introducing Body:House Bill Number:3035 Primary Sponsor:J. Bailey Committee Number:25 Type of Legislation:GB Subject:Juvenile, to be tried same as adult, when Residing Body:House Current Committee:Judiciary Computer Document Number:DKA/4114AL.93 Introduced Date:19930112 Last History Body:House Last History Date:19930112 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:J. Bailey Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3035 House 19930112 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF COURTS OVER A JUVENILE, SO AS TO REQUIRE THAT A JUVENILE FOURTEEN YEARS OF AGE OR OLDER WHO COMMITS A CRIME THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT MUST BE TRIED AS AN ADULT IN THE COURT OF GENERAL SESSIONS; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF FINGERPRINT RECORDS OF A JUVENILE, SO AS TO PROVIDE THAT JUVENILES DETAINED FOR OFFENSES THAT WOULD BE A CRIME IF COMMITTED BY AN ADULT MUST BE PHOTOGRAPHED AND FINGERPRINTED AND THE RECORDS MAY BE TRANSMITTED TO THE STATE LAW ENFORCEMENT DIVISION, THE FEDERAL BUREAU OF INVESTIGATION, OR OTHER LAW ENFORCEMENT AGENCIES; AND TO AMEND SECTION 20-7-2170, RELATING TO COMMITMENT OF A JUVENILE, SO AS TO PROVIDE THAT A JUVENILE ADJUDICATED DELINQUENT FOR COMMITTING A FELONY MAY BE SENTENCED BASED ON STANDARDS USED FOR AN ADULT, AND MUST BE HELD IN A MAXIMUM SECURITY FACILITY FOR JUVENILES UNTIL HE REACHES EIGHTEEN YEARS OF AGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Items (4) and (5) of Section 20-7-430 of the 1976 Code are amended to read:
"(4) If a child sixteen years of age or older is charged with an offense which would be a misdemeanor or felony if committed by an adult and if the court, after full investigation, deems considers it contrary to the best interest of such the child or of the public to retain jurisdiction, the court may, in its discretion, acting as committing magistrate, bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offense if committed by an adult.
(5) If a child fourteen or fifteen years of age who has two prior and unrelated adjudications of assault, assault and battery with intent to kill, assault and battery of a high and aggravated nature, arson, housebreaking, burglary, kidnapping, attempted criminal sexual conduct or robbery and is currently charged with a third or subsequent such offense, the court may after full investigation and hearing, if it deems it contrary to the best interest of such child or of the public to retain jurisdiction, or older is charged with an offense which would be a felony if committed by an adult or housebreaking or robbery, the court, acting as committing magistrate, shall bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such offenses the offense if committed by an adult."
SECTION 2. Section 20-7-780(C) of the 1976 Code, as last amended by Act 418 of 1990, is further amended to read:
"(C) A juvenile charged with committing a violent an offense as defined in Section 16-1-60, or charged with committing grand larceny of a motor vehicle, may that would be a crime if committed by an adult must be fingerprinted by the law enforcement agency who takes the juvenile into custody. A juvenile charged with committing a nonviolent or status offense must not be fingerprinted by law enforcement except upon order of a family court judge. The fingerprint records of a juvenile must be kept separate from the fingerprint records of adults. The fingerprint records of a juvenile must not may be transmitted to the files of the State Law Enforcement Division or to the Federal Bureau of Investigation or otherwise distributed or provided to another law enforcement agency unless when the juvenile is adjudicated delinquent for having committed a violent an offense, as defined in Section 16-1-60, or for grand larceny of a motor vehicle that is a felony or misdemeanor. The fingerprint records of a juvenile who is not adjudicated delinquent, for having committed a violent offense, as defined in Section 16-1-60, or for grand larceny of a motor vehicle upon notification to law enforcement, must be destroyed or otherwise expunged by the law enforcement agency who took the juvenile into custody. The Department of Youth Services may fingerprint and photograph a juvenile upon commitment to a juvenile correctional institution. Fingerprints and photographs taken by the Department of Youth Services remain confidential and must not may be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for, the purpose of among other things, aiding the department in apprehending an escapee from the department or assisting the Missing Persons Information Center in the location or identification of a missing or runaway child."
SECTION 3. Section 20-7-2170 of the 1976 Code is amended by adding at the end:
"A juvenile between the ages of fourteen and seventeen adjudicated delinquent for committing the crimes of homicide, armed robbery, or criminal sexual conduct (rape) must be sentenced by the family court pursuant to guidelines established for adults and must be incarcerated in a maximum security facility for juveniles under the control of the Board of Youth Services. The family court may commit the juvenile for a minimum period of time during which the board may not release the juvenile."
SECTION 4. This act takes effect upon approval by the Governor.