Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994
Page Finder Index
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Printed Page 3990, Apr. 5
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Printed Page 4000 . . . . . Tuesday, April 5,
1994
H. 4796--SENATE AMENDMENTS CONCURRED IN
The Senate amendments to the following Concurrent Resolution were taken up
for consideration.
H. 4796 -- Rep. Houck: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE
TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 17, 1994, FOR ITS ANNUAL
STATE HOUSE MEETING.
The Senate amendments were concurred in and a message was ordered sent to the
Senate accordingly.
S. 1188--NON-CONCURRENCE IN SENATE AMENDMENTS
The Senate amendments to the following Bill were taken up for consideration.
S. 1188 -- Senators Washington and Mescher: A BILL TO ESTABLISH THE
REGISTRATION AND ELECTIONS COMMISSION FOR COLLETON COUNTY, TO ABOLISH THE
OFFICE
OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR COLLETON COUNTY
AND
DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE
REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO
PROVIDE THAT THE CURRENT MEMBERS OF THE COLLETON COUNTY ELECTION
COMMISSION AND
THE COLLETON COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING
COMMISSION OF
THE NEW COLLETON COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE
MEMBERS
OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH
TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION
BOARD
MEMBERS SHALL EXPIRE.
The House refused to agree to the Senate amendments, and a message was
ordered sent accordingly.
SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED
The Senate returned to the House with amendments the following:
H. 4732 -- Reps. Richardson, White, Harrelson and Keyserling: A BILL TO CREATE
THE BEAUFORT COUNTY BOARD OF
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1994
ELECTIONS AND REGISTRATION, PROVIDE FOR THE NUMBER AND MANNER OF
APPOINTMENT OF
ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, AND
RELATED MATTERS AND TO ABOLISH THE BEAUFORT COUNTY ELECTION COMMISSION AND
BEAUFORT COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES
UPON THIS
NEW BOARD.
The Senate amendments were agreed to, and the Bill having received three
readings in both Houses, it was ordered that the title be changed to that of an
Act, and that it be enrolled for ratification.
REPORTS OF STANDING COMMITTEES
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report,
with amendments, on:
S. 32 -- Senators Wilson, Ryberg, Russell, Rose and Peeler: A BILL TO AMEND THE
CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-40 SO AS TO CREATE
A CIVIL CAUSE OF ACTION AGAINST SHOPLIFTERS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal
Affairs, submitted a favorable report, with amendments, on:
H. 4780 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 44-7-65 SO AS TO PROVIDE THAT A RESIDENT OF A NURSING
HOME OF THIS STATE MAY CONTRACT WITH A PERSON NOT ASSOCIATED WITH THE
NURSING
HOME TO PERFORM CERTAIN SERVICES AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal
Affairs, submitted a favorable report, with amendments, on:
S. 1021 -- Senator Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 17-13-55 SO AS TO PROVIDE THAT RESPONSIBILITY
FOR THE COSTS OF MEDICAL CARE FOR AN ARRESTED PERSON MUST
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1994
FIRST BE FROM THE ARRESTED PERSON'S INSURANCE OR FINANCIAL RESOURCES AND THEN
FROM GOVERNMENT FUNDS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with
amendments, on:
H. 3154 -- Reps. J. Brown, G. Brown, Rogers, Byrd, Inabinett, Kennedy, Wofford,
McLeod, Hines, Stone, Meacham, Lanford, Simrill and Wilkins: A BILL TO AMEND
SECTION 16-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROBBERY OF
OPERATORS OF MOTOR VEHICLES FOR HIRE, SO AS TO INCREASE THE PENALTY FOR A
VIOLATION, TO PROHIBIT PAROLE UNTIL A MINIMUM TERM HAS BEEN SERVED, AND TO
PROHIBIT SUSPENSION OF THE SENTENCE.
Ordered for consideration tomorrow.
REPORT OF STANDING COMMITTEE
Rep. TOWNSEND, from the Anderson Delegation, submitted a favorable report,
on:
S. 1247 -- Senators Waldrep and O'Dell: A BILL TO AMEND ACT 269 OF 1989, AS
AMENDED, RELATING TO ANNUAL BUDGETS AND SCHOOL TAXES FOR THE ANDERSON
COUNTY
SCHOOL DISTRICTS, SO AS TO PROVIDE THAT THE TAX MILLAGE MUST BE SET BY THE
ANDERSON COUNTY BOARD OF EDUCATION BASED ON THE CERTIFIED ASSESSMENT VALUES
PROVIDED TO THE BOARD BY THE ANDERSON COUNTY AUDITOR, TO DELETE REFERENCES
TO
OTHER DATES BY WHICH MILLAGE MUST BE SET, AND PROVIDE THAT THE MILLAGE MUST
BE
SET IN A TIMELY MANNER AND TO CORRECT AN OBSOLETE REFERENCE.
S. 1247--ORDERED TO THIRD READING
On motion of Rep. TUCKER, with unanimous consent, the following Bill was
taken up for immediate consideration.
S. 1247 -- Senators Waldrep and O'Dell: A BILL TO AMEND ACT 269 OF 1989, AS
AMENDED, RELATING TO ANNUAL BUDGETS AND SCHOOL TAXES FOR THE ANDERSON
COUNTY
SCHOOL
Printed Page 4003 . . . . . Tuesday, April 5,
1994
DISTRICTS, SO AS TO PROVIDE THAT THE TAX MILLAGE MUST BE SET BY THE ANDERSON
COUNTY BOARD OF EDUCATION BASED ON THE CERTIFIED ASSESSMENT VALUES PROVIDED
TO
THE BOARD BY THE ANDERSON COUNTY AUDITOR, TO DELETE REFERENCES TO OTHER
DATES BY
WHICH MILLAGE MUST BE SET, AND PROVIDE THAT THE MILLAGE MUST BE SET IN A
TIMELY
MANNER AND TO CORRECT AN OBSOLETE REFERENCE.
The Bill was read the second time and ordered to third reading.
INTRODUCTION OF BILLS
The following Bills and Joint Resolutions were introduced, read the first
time, and referred to appropriate committees:
H. 5010 -- Reps. Gonzales, Meacham, Harrelson, Hines, Kelley, Hallman, A. Young,
J. Bailey, Inabinett, Thomas, Stone, Kirsh, Huff, Haskins, Stille, Robinson,
Simrill, Beatty, Wofford, Hutson, Moody-Lawrence, J. Harris, Davenport and
Mattos: A BILL TO AMEND SECTION 61-3-461, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE LIMIT ON RETAIL LIQUOR STORE LICENSES ISSUED TO
A SINGLE PERSON, SO AS TO PROVIDE THAT THE EXTENSION OF THE LIMIT ON INTEREST TO
RELATIVES WITHIN THE SECOND DEGREE APPLIES TO RELATIVES RESIDING IN THE PERSON'S
HOUSEHOLD AND TO PROVIDE THAT THE LIMIT ON INTERESTS IN RETAIL LIQUOR STORES
BEYOND THE MAXIMUM OF THREE APPLIES TO FINANCIAL INTERESTS.
Referred to Committee on Labor, Commerce and Industry.
H. 5011 -- Rep. Hodges: A BILL TO ENACT THE JUVENILE CRIME PREVENTION ACT OF
1994, AND TO, AMONG OTHER THINGS, AMEND VARIOUS SECTIONS OF TITLE 20, CODE OF
LAWS OF SOUTH CAROLINA, 1976, TO ACCOMPLISH THE PURPOSES OF THE ACT.
Referred to Committee on Judiciary.
H. 5012 -- Rep. Hodges: A BILL TO ENACT THE ADULT CRIME PREVENTION ACT OF 1994,
AND TO, AMONG OTHER THINGS, AMEND VARIOUS SECTIONS OF TITLE 16, CODE OF LAWS
OF
Printed Page 4004 . . . . . Tuesday, April 5,
1994
SOUTH CAROLINA, 1976, TO ACCOMPLISH THE PURPOSES OF THE ACT.
Referred to Committee on Judiciary.
H. 5013 -- Reps. Clyborne, Allison, Baker, H. Brown, Cato, Chamblee, Cooper,
Corning, Cromer, Fair, Fulmer, Gamble, Graham, Hallman, Harrell, Harrison,
Haskins, Huff, Hutson, Jaskwhich, Keegan, Kelley, Klauber, Koon, Lanford, Law,
Littlejohn, Marchbanks, Meacham, Richardson, Riser, Robinson, Sharpe, Simrill,
R. Smith, D. Smith, Stille, Stone, Stuart, Thomas, Townsend, Vaughn, Waldrop,
Walker, Wells, Wilkins, Witherspoon, Wofford, Wright and A. Young: A BILL TO
ENACT THE SOUTH CAROLINA CRIMINAL JUSTICE REFORM ACT OF 1994; TO AMEND THE
CODE
OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-40 SO AS TO PROVIDE
THAT A PERSON WHO COMMITS A CRIME WHILE ON BOND FOR ANOTHER OFFENSE AND IS
SUBSEQUENTLY CONVICTED OF THE CRIME HE COMMITTED WHILE ON BOND SERVES
CONSECUTIVE SENTENCES INSTEAD OF CONCURRENT SENTENCES; BY ADDING SECTION
24-13-100 SO AS TO PROVIDE THE TIME A PRISONER MUST SERVE BEFORE HE IS ELIGIBLE
FOR WORK RELEASE; BY ADDING SECTION 24-13-150 SO AS TO PROVIDE THE TIME A
PRISONER MUST SERVE BEFORE HE IS ELIGIBLE FOR EXTENDED WORK RELEASE AND
COMMUNITY SUPERVISION; BY ADDING SECTION 24-13-175 SO AS TO PROVIDE FOR THE TIME
COMPUTATION OF SENTENCES IMPOSED; TO AMEND SECTION 16-1-20, AS AMENDED,
RELATING
TO THE PENALTIES FOR CLASSES OF FELONIES AND MISDEMEANORS, SO AS TO PROVIDE
THAT
THE MINIMUM TERMS OF IMPRISONMENT DO NOT APPLY UNLESS THE OFFENSE CONTAINS
A
MANDATORY MINIMUM TERM OF IMPRISONMENT; TO AMEND SECTION 16-1-57, AS
AMENDED,
RELATING TO THE CLASSIFICATION OF THIRD OR SUBSEQUENT CONVICTION OF CERTAIN
PROPERTY CRIMES, SO AS TO CHANGE THE CLASSIFICATION FOR SENTENCING PURPOSES TO
APPLY FOR SECOND OR SUBSEQUENT CONVICTIONS; TO AMEND SECTION 16-1-60, AS
AMENDED, RELATING TO VIOLENT CRIMES DEFINED, SO AS TO CLARIFY THE DEGREES FOR
CERTAIN OFFENSES, TO ADD ADDITIONAL CRIMES, AND TO DELETE CERTAIN PROVISIONS;
TO
AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO
AS
TO CLARIFY "LIFE
Printed Page 4005 . . . . . Tuesday, April 5,
1994
IMPRISONMENT" AND TO PROVIDE FOR IMPRISONMENT FOR THIRTY YEARS AS AN
ADDITIONAL OPTION FOR SENTENCING; TO AMEND SECTION 16-3-625, AS AMENDED,
RELATING TO THE DEFINITION OF "DEADLY WEAPON" AND SENTENCING OF
RESISTING ARREST WITH A DEADLY WEAPON, SO AS TO DELETE THE MINIMUM TERM OF
IMPRISONMENT AND TO CLARIFY OTHER LANGUAGE; TO AMEND SECTION 16-3-740,
RELATING
TO TESTING OF CERTAIN CONVICTED SEX OFFENDERS FOR HUMAN IMMUNODEFICIENCY
VIRUS,
SO AS TO REQUIRE TESTING IN CASES INVOLVING JUVENILES AND UPON THE REQUEST OF
CERTAIN PERSONS, AND TO PROVIDE FOR COUNSELING IF APPROPRIATE; TO AMEND
SECTION
16-3-1070, AS AMENDED, RELATING TO THE CRIME OF STALKING, SO AS TO DELETE
PROVISIONS RELATING TO TEMPORARY RESTRAINING ORDERS, TO CLARIFY CERTAIN
DEFINITIONS, AND INCREASE THE PENALTIES; TO AMEND SECTION 16-3-1260, AS AMENDED,
RELATING TO THE REIMBURSEMENT TO THE STATE BY A CONVICTED PERSON FOR PAYMENT
FROM THE VICTIM'S COMPENSATION FUND, SO AS TO DELETE PROVISIONS RELATING TO
PAYMENT AS A CONDITION FOR PAROLE AND TO CHANGE THE NAME OF THE FUND TO
CONFORM
WITH RESTRUCTURING OF STATE GOVERNMENT; TO AMEND SECTION 16-3-1530, AS
AMENDED,
RELATING TO THE VICTIM'S AND WITNESS'S BILL OF RIGHTS, SO AS TO CHANGE THE NAME
OF THE "DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES" TO
"DEPARTMENT OF PROBATION, PARDON SERVICES, AND COMMUNITY SUPERVISION
AND TO
DELETE THE REQUIREMENT OF RESTITUTION AS A CONDITION OF PAROLE; TO AMEND
SECTION
16-3-1550, AS AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO CHANGE
THE NAME OF THE "PAROLE AND COMMUNITY CORRECTIONS BOARD" TO
"DEPARTMENT OF PROBATION, PARDON SERVICES, AND COMMUNITY SUPERVISION; TO
AMEND SECTION 16-11-311, RELATING TO FIRST DEGREE BURGLARY, SO AS TO DELETE
PROVISIONS ALLOWING PAROLE UPON SERVICE IF ONE THIRD OF THE TERM OF
IMPRISONMENT
IMPOSED; TO AMEND SECTION 16-11-330, AS AMENDED, RELATING TO ARMED ROBBERY, SO
AS TO EXPAND THE CRIMINAL CONDUCT AND TO REVISE THE PUNISHMENT; TO AMEND
SECTION
16-11-340, AS AMENDED, RELATING TO REQUIRED PLACARDS
Printed Page 4006 . . . . . Tuesday, April 5,
1994
IN RETAIL ESTABLISHMENTS AS TO THE CONSEQUENCES OF CONVICTION OF ARMED
ROBBERY,
SO AS TO REVISE THE PLACARDS TO CONFORM TO THE PENALTY FOR ARMED ROBBERY; TO
AMEND SECTION 16-13-110, AS AMENDED, RELATING TO SHOPLIFTING, SO AS TO PROVIDE
FOR AN INCREASE IN THE MISDEMEANOR PENALTY FOR SECOND AND THIRD OFFENSES; TO
AMEND SECTION 16-13-210, AS AMENDED, RELATING TO THE EMBEZZLEMENT OF PUBLIC
FUNDS, SO AS TO DELETE THE MISDEMEANOR PENALTY; TO AMEND SECTION 16-13-425, AS
AMENDED, RELATING TO THE FAILURE TO RETURN A RENTED VIDEO OR CASSETTE TAPE,
SO
AS TO PROVIDE FOR THE IMPOSITION OF BOTH A FINE AND IMPRISONMENT FOR CERTAIN
VIOLATIONS; TO AMEND SECTION 16-14-20, RELATING TO THE THEFT OF A FINANCIAL
TRANSACTION CARD, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-14-40, AS
AMENDED, RELATING TO FINANCIAL TRANSACTION CARD FORGERY, SO AS TO INCREASE
THE
PENALTY; TO AMEND SECTION 16-14-60, AS AMENDED, RELATING TO FINANCIAL
TRANSACTION CARD FRAUD, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION
16-14-70, AS AMENDED, RELATING TO THE POSSESSION OF FINANCIAL TRANSACTION CARD
FORGERY DEVICES, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-255,
RELATING TO THE REQUIRED TESTING OF CERTAIN CONVICTED SEX OFFENDERS FOR
HUMAN
IMMUNODEFICIENCY VIRUS, SO AS TO REQUIRE TESTING IN CASES INVOLVING JUVENILES
AND UPON THE REQUEST OF CERTAIN PERSONS, AND TO PROVIDE FOR COUNSELING IF
APPROPRIATE; TO AMEND SECTION 16-15-305, RELATING TO OBSCENITY, SO AS TO
INCREASE THE TERM OF IMPRISONMENT; TO AMEND SECTION 16-23-490, RELATING TO THE
ADDITIONAL PUNISHMENT FOR POSSESSION OF FIREARM OR KNIFE DURING THE
COMMISSION
OF A VIOLENT CRIME, SO AS TO INCREASE THE TERM OF IMPRISONMENT; TO AMEND
SECTION
17-25-45, RELATING TO A LIFE SENTENCE FOR A PERSON CONVICTED THREE TIMES FOR
CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE UPON A THIRD OR
SUBSEQUENT CONVICTION FOR A CERTAIN SERIOUS OFFENSE AND TO PROVIDE
DEFINITIONS;
TO AMEND SECTION 17-25-70, RELATING TO THE AUTHORITY OF LOCAL OFFICIALS TO
REQUIRE ABLE-BODIED CONVICTED PERSONS TO PERFORM
Printed Page 4007 . . . . . Tuesday, April 5,
1994
LABOR ON PUBLIC WORKS OR WAYS, SO AS TO ALLOW OFFICIALS TO PROVIDE CERTAIN
EXCEPTIONS; TO AMEND SECTION 22-3-545, AS AMENDED, RELATING TO THE TRANSFER OF
CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT, SO AS TO DELETE THE TIME
PERIOD SO THAT THE TRANSFER OF CASES MAY CONTINUE; TO AMEND SECTION 24-1-200,
AS
AMENDED, RELATING TO THE INQUIRY INTO SENTENCES UNDER WHICH CONVICTS ARE
CONFINED, SO AS TO CHANGE THE NAME OF THE "BOARD OF PROBATION, PAROLE AND
PARDON SERVICES" TO THE "BOARD OF PROBATION, PARDON SERVICES, AND
COMMUNITY SUPERVISION"; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO
THE CUSTODY AND CONFINEMENT OF A PRISONER, SO AS TO DELETE PROVISIONS FOR
EXTENDING THE PLACES OF CONFINEMENT; TO AMEND SECTION 24-3-35, RELATING TO THE
USE OF COUNTY PRISONERS FOR LITTER REMOVAL, SO AS TO PROHIBIT THE USE OF
PRISONERS BEFORE SERVICE OF THE MINIMUM SENTENCE; TO AMEND SECTION 24-3-210, AS
AMENDED, RELATING TO FURLOUGHS FOR QUALIFIED INMATES, SO AS TO LIMIT THE
LENGTH
OF TIME OF THE FURLOUGHS; TO AMEND SECTION 24-3-410, AS AMENDED, RELATING TO
THE
SALE OF PRISON-MADE PRODUCTS ON THE OPEN MARKET, SO AS TO DELETE PROVISIONS
ON
ARTICLES PRODUCED BY PERSONS ON PAROLE; TO AMEND SECTIONS 24-7-10, 24-7-20,
24-7-30, 24-7-40 AND 24-7-50 RELATING TO COUNTY AND MUNICIPAL CHAIN GANGS, SO
AS TO CHANGE THE TERM TO "WORK GANGS" AND TO REQUIRE UTILIZATION OF
THESE GANGS; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO THE REDUCTION
OF SENTENCE FOR PARTICIPATION IN CERTAIN PROGRAMS, SO AS TO PROHIBIT
PARTICIPATION UNTIL THE PRISONER HAS SERVED THE MINIMUM TERM OF IMPRISONMENT
AND
TO PROVIDE FOR COMPLETION OF THE TERM PURSUANT TO THE COMMUNITY SUPERVISION
PROGRAM; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION
AGAINST RELEASE OF OFFENDER INTO COMMUNITY IN WHICH HE COMMITTED A VIOLENT
CRIME, SO AS TO INCLUDE SEX OFFENSES IN THE PROHIBITION FOR RELEASE IN CERTAIN
COMMUNITIES; TO AMEND SECTION 24-13-710, AS AMENDED, RELATING TO THE FURLOUGH
PROGRAM, SO AS TO REVISE THE PROGRAM TO
Printed Page 4008 . . . . . Tuesday, April 5,
1994
PROVIDE FOR COMMUNITY SUPERVISION, ALLOW REVOCATION OF PROGRAM BENEFITS TO
CERTAIN PERSONS, AND TO CHANGE THE NAME OF THE "DEPARTMENT OF PROBATION,
PAROLE AND PARDON SERVICES TO THE "DEPARTMENT OF PROBATION, PARDON
SERVICES
AND COMMUNITY SUPERVISION"; TO AMEND SECTION 24-13-1310, AS AMENDED,
RELATING TO THE DEFINITIONS REFERRING TO THE SHOCK INCARCERATION PROGRAM, SO
AS
TO DELETE FROM ELIGIBILITY A PERSON WHO IS ELIGIBLE FOR PAROLE IN TWO YEARS; TO
AMEND SECTION 24-13-1320, AS AMENDED, RELATING TO THE REGULATIONS, SELECTION
COMMITTEE, AND REPORTS OF THE SHOCK INCARCERATION PROGRAM, SO AS TO CHANGE
"COMMISSIONER" TO "DIRECTOR" AND CHANGE THE NAME OF THE
"DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES" TO THE
"DEPARTMENT OF PROBATION, PARDON SERVICES, AND COMMUNITY
SUPERVISION";
TO AMEND SECTION 24-13-1330, AS AMENDED, RELATING TO INMATE PARTICIPATION IN THE
SHOCK INCARCERATION PROGRAM, SO AS TO PROVIDE FOR CONSIDERATION OF AN INMATE
UPON COURT ORDER; TO AMEND SECTION 24-13-1520, AS AMENDED, RELATING TO
DEFINITIONS OF THE HOME DETENTION ACT, SO AS TO CHANGE THE NAME OF THE
"DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES" TO
"DEPARTMENT OF PROBATION, PARDON SERVICES, AND COMMUNITY
SUPERVISION";
TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO EXCEPTIONS TO THE ARTICLE
RELATING TO HOME DETENTION, SO AS TO CHANGE THE NAME OF THE "DEPARTMENT
OF
PROBATION, PAROLE AND PARDON SERVICES" TO "DEPARTMENT OF PROBATION,
PARDON SERVICES, AND COMMUNITY SUPERVISION; TO AMEND SECTION 24-19-160, AS
AMENDED, RELATING TO THE POWERS OF COURT AND THE JURISDICTION OF THE
DEPARTMENT
OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO DELETE PROVISIONS ON PAROLE
AND CHANGE THE NAME OF THE "DEPARTMENT OF PROBATION, PAROLE AND PARDON
SERVICES" TO THE "DEPARTMENT OF PROBATION, PARDON SERVICES, AND
COMMUNITY SUPERVISION"; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO
THE STRUCTURE OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES
AND THE
BOARD OF PROBATION,
Printed Page 4009 . . . . . Tuesday, April 5,
1994
PAROLE AND PARDON SERVICES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT AND
BOARD TO THE "DEPARTMENT OF PROBATION, PARDON SERVICES, AND COMMUNITY
SUPERVISION" AND "BOARD OF PROBATION, PARDON SERVICES, AND COMMUNITY
SUPERVISION"; TO AMEND SECTION 24-21-13, AS AMENDED, RELATING TO THE
DIRECTOR'S DUTIES, SO AS TO DELETE PROVISIONS RELATING TO PAROLE AND TO PROVIDE
FOR THE DEVELOPMENT OF ADDITIONAL WORK RELEASE PROGRAMS; TO AMEND SECTION
24-21-30, RELATING TO MEETINGS AND PANELS OF THE BOARD OF PROBATION, PARDON
SERVICES, AND COMMUNITY SUPERVISION, SO AS TO DELETE PROVISIONS ON PAROLE AND
ADD MATTERS RELATING TO COMMUNITY SUPERVISION; TO AMEND SECTION 24-21-50,
RELATING TO HEARINGS BEFORE THE BOARD OF PROBATION, PARDON SERVICES, AND
COMMUNITY SUPERVISION, SO AS TO DELETE THE PROVISIONS ON PAROLE; TO AMEND
SECTION 24-21-60, AS AMENDED, RELATING TO THE COOPERATION OF PUBLIC AGENCIES AND
OFFICIALS, SO AS TO DELETE PROVISIONS ON PAROLE; TO AMEND SECTION 24-21-80,
RELATING TO PROBATIONERS AND PAROLEES PAYING A FEE, SO AS TO DELETE PROVISIONS
ON PAROLE AND TO CHANGE FURLOUGH TO COMMUNITY SUPERVISION; TO AMEND
SECTION
24-21-220, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DIRECTOR OF THE
DEPARTMENT OF PROBATION, PARDON SERVICES, AND COMMUNITY SUPERVISION, SO AS
TO
CHANGE "PAROLE" TO "COMMUNITY SUPERVISION"; TO AMEND SECTION
24-21-230, AS AMENDED, RELATING TO THE EMPLOYMENT OF PROBATION AGENTS, SO AS TO
CHANGE THE TITLE OF THE "PROBATION AGENTS" TO "PROBATION AND
COMMUNITY SUPERVISION AGENTS"; TO AMEND SECTION 24-21-280, AS AMENDED,
RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO
INCLUDE
COMMUNITY SUPERVISION AND TO CHANGE THE TITLE OF THE AGENTS ACCORDINGLY; TO
AMEND SECTION 24-21-300, RELATING TO CITATION AND AFFIDAVIT THAT A PERSON
RELEASED PURSUANT TO THE PRISON OVERCROWDING ACT IS IN VIOLATION OF RELEASE,
SO
AS TO CHANGE "PAROLEE" TO "SUPERVISED PRISONER" AND THE
TITLE OF "PROBATION AGENT" TO "PROBATION AND COMMUNITY
SUPERVISION AGENT"; TO AMEND SECTION 24-21-910, RELATING TO THE
Printed Page 4010 . . . . . Tuesday, April 5,
1994
DUTY OF THE BOARD WITH RESPECT TO REPRIEVES OR COMMUTATION OF DEATH
SENTENCES,
SO AS TO CHANGE THE NAME OF THE "PROBATION, PAROLE, AND PARDON SERVICES
BOARD" TO THE "BOARD OF PROBATION, PARDON SERVICES, AND COMMUNITY
SUPERVISION; TO AMEND SECTION 24-21-950, RELATING TO THE GUIDELINES FOR
DETERMINING ELIGIBILITY FOR PARDON, SO AS TO DELETE PROVISIONS RELATING TO
PAROLE; TO AMEND SECTION 24-23-20, RELATING TO THE CASE CLASSIFICATION PLAN TO
PROVIDE FOR CASE CLASSIFICATION SYSTEM, SO AS TO DELETE "PAROLEE"; TO
AMEND SECTION 24-23-30, RELATING TO COMMUNITY CORRECTIONS PLAN TO INCLUDE
DESCRIPTION OF COMMUNITY-BASED PROGRAM NEEDS, SO AS TO CHANGE
"PAROLEES" TO "SUPERVISED PRISONERS" AND TO PROVIDE FOR
COMMUNITY SUPERVISION; TO AMEND SECTION 24-23-40, AS AMENDED, RELATING TO THE
COMMUNITY CORRECTIONS PLAN DEVELOPMENT OF STATEWIDE POLICIES, SO AS TO
INCLUDE
COMMUNITY SUPERVISION; TO AMEND SECTION 24-23-115, AS AMENDED, RELATING TO
PUBLIC SERVICE WORK AS CONDITION OF PROBATION OR SUSPENSION OF SENTENCE, SO AS
TO CHANGE THE NAME OF THE "DEPARTMENT OF PROBATION, PAROLE AND PARDON
SERVICES" TO THE "DEPARTMENT OF PROBATION, PARDON SERVICES, AND
COMMUNITY SUPERVISION"; TO AMEND SECTION 24-23-210, AS AMENDED, RELATING
TO
THE FUNDING OF THE COMMUNITY CORRECTIONS PROGRAM, SO AS TO CHANGE THE NAME
OF
THE "DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES" TO
"DEPARTMENT OF PROBATION, PARDON SERVICES, AND COMMUNITY
SUPERVISION"
AND TO CHANGE THE NAME OF THE "VICTIM'S COMPENSATION FUND" TO THE
"STATE OFFICE OF VICTIM ASSISTANCE"; TO AMEND SECTION 24-23-220, AS
AMENDED, RELATING TO THE PAYMENT OF ASSESSMENTS, SO AS TO CHANGE THE NAME
OF THE
"DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES" TO THE
"DEPARTMENT OF PROBATION, PARDON SERVICES, AND COMMUNITY
SUPERVISION";
TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO CONTROLLED SUBSTANCE
VIOLATIONS AND PENALTIES, SO AS TO PROVIDE THAT A PERSON SENTENCED TO A
MANDATORY MINIMUM OR MANDATORY TERM OF IMPRISONMENT IS NOT ELIGIBLE FOR
Printed Page 4011 . . . . . Tuesday, April 5,
1994
EARLY RELEASE PROGRAM; TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO
POSSESSION, DISTRIBUTION, AND MANUFACTURE OF ICE, CRANK, AND CRACK COCAINE,
AND
PENALTIES, SO AS TO DEFINE PRIOR CONVICTIONS, TO PROVIDE FOR A MANDATORY
MINIMUM
TERM OF IMPRISONMENT FOR CERTAIN OFFENSES, AND TO PROVIDE THAT CERTAIN
PERSONS
ARE NOT ELIGIBLE FOR EARLY RELEASE PROGRAMS; TO REPEAL ARTICLE 7, CHAPTER 21 OF
TITLE 24 RELATING TO PAROLE; TO REPEAL SECTION 24-3-40 RELATING TO DISPOSITION
OF WAGES OF PRISONERS ALLOWED TO WORK AT PAID EMPLOYMENT; TO REPEAL SECTION
24-3-50 RELATING TO THE PENALTY FOR FAILURE OF PRISONER TO REMAIN WITHIN
EXTENDED LIMITS OF HIS CONFINEMENT; TO REPEAL SECTION 24-13-60 RELATING TO
SCREENING OF OFFENDERS FOR POSSIBLE PLACEMENT ON WORK RELEASE; TO REPEAL
SECTION
24-13-210 RELATING TO CREDIT GIVEN CONVICTS FOR GOOD BEHAVIOR; TO REPEAL SECTION
24-13-220 RELATING TO TIME OFF FOR GOOD BEHAVIOR IN CASES OF COMMUTED OR
SUSPENDED SENTENCES; TO REPEAL SECTION 24-13-270 RELATING TO THE PREMATURE
RELEASE OF PRISONERS; BY ADDING SECTION 20-7-3215 SO AS TO PROVIDE FOR A SHOCK
INCARCERATION PROGRAM FOR JUVENILE OFFENDERS; TO AMEND SECTION 16-23-430, AS
AMENDED, RELATING TO CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE
ADDITIONAL PENALTIES FOR JUVENILES; TO AMEND SECTION 20-7-400, RELATING TO THE
EXCLUSIVE ORIGINAL JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE FOR
JURISDICTION OF JUVENILES WITH MENTAL DISABILITIES; TO AMEND SECTION 20-7-410,
AS AMENDED, RELATING TO THE CONCURRENT JURISDICTION OF THE COURTS OVER
CERTAIN
VIOLATIONS INVOLVING JUVENILES, SO AS TO PROVIDE THAT THE CIRCUIT COURTS HAVE
CONCURRENT JURISDICTION WITH THE FAMILY COURTS OVER CERTAIN JUVENILES
CHARGED
WITH COMMITTING CERTAIN FELONIES; TO AMEND SECTION 20-7-430, AS AMENDED,
RELATING TO THE TRANSFER OF JURISDICTION BY CERTAIN COURTS OVER JUVENILES, SO
AS
TO PROVIDE FOR JURISDICTION OF THE CIRCUIT COURTS OVER CERTAIN CASES; TO AMEND
SECTION 20-7-600, AS AMENDED, RELATING TO THE TAKING OF A CHILD INTO CUSTODY, SO
AS TO PROVIDE FOR DETENTION OF A JUVENILE
Printed Page 4012 . . . . . Tuesday, April 5,
1994
IN A SECURE DETENTION FACILITY WHEN HE IS CHARGED WITH CERTAIN OFFENSES AND
TO
PROVIDE WHEN JUVENILE RECORDS ARE OPEN TO THE PUBLIC; TO AMEND SECTION 20-7-630,
AS AMENDED, RELATING TO JUVENILE INTAKE, SO AS TO PROVIDE FOR THE EVALUATION
OF
JUVENILES FOR TRANSFER AND ASSIGNMENT WITHIN THE DEPARTMENT OF JUVENILE
JUSTICE
BASED UPON AN OBJECTIVE STANDARD AND TO PROVIDE THAT FINAL DETERMINATION AS
TO
DISPOSITION OF THE JUVENILE MUST BE MADE BY FAMILY COURT; TO AMEND SECTION
20-7-770, AS AMENDED, RELATING TO THE RELEASE OF JUVENILE'S ADJUDICATION FOR
VIOLENT OFFENSES, SO AS TO PROVIDE FOR THE RELEASE OF A PERSON'S JUVENILE
RECORD
FOR ANY CRIME COMMITTED AND TO PROVIDE FOR EXPUNGEMENT OF RECORDS AFTER A
TEN-YEAR PERIOD WITH CERTAIN EXCEPTIONS; TO AMEND SECTION 20-7-1330, AS AMENDED,
RELATING TO THE DISPOSITION OF FAMILY COURT CASES AND PROCEDURES UPON
COMMITTING
A CHILD TO AN INSTITUTION, SO AS TO REVISE THE PROCEDURES USED BY THE
DEPARTMENT
OF JUVENILE JUSTICE TO DETERMINE THE APPROPRIATE LEVEL OF CUSTODY AND
SUPERVISION, TO PROVIDE COURT REVIEW, AND TO DETERMINE THE BASIS FOR
RESTITUTION
AND OTHER SERVICES AVAILABLE FOR CARE AND TREATMENT OF JUVENILES COMMITTED
TO
THE DEPARTMENT; TO AMEND SECTION 20-7-2205, AS AMENDED, RELATING TO CERTAIN
JUVENILE OFFENDERS NOT TO BE COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE
CORRECTIONAL INSTITUTION OR SECURE EVALUATION CENTER, SO AS TO ADD CONTEMPT
OF
COURT CITATIONS AS AN EXEMPTION; TO AMEND SECTION 20-7-3200, AS AMENDED,
RELATING TO THE DIRECTOR AS CHIEF EXECUTIVE OFFICER OF DEPARTMENT OF JUVENILE
JUSTICE, SO AS TO REVISE THE POWER TO APPOINT OR EMPLOY PERSONS TO PERFORM THE
DUTIES OF THE DEPARTMENT; BY ADDING SECTION 17-27-45 SO AS TO PROVIDE A STATUTE
OF LIMITATIONS FOR POST-CONVICTION RELIEF CASES; TO AMEND SECTION 14-7-1110, AS
AMENDED, RELATING TO PEREMPTORY CHALLENGES IN CRIMINAL CASES, SO AS TO
INCREASE
THE NUMBER OF PEREMPTORY CHALLENGES FOR THE STATE; TO AMEND SECTION 16-3-26,
AS
AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROVIDE FOR APPEAL
FROM
AN ORDER VALIDATING
Printed Page 4013 . . . . . Tuesday, April 5,
1994
FEES, COSTS AND OTHER EXPENDITURES; TO AMEND SECTIONS 17-27-30 AND 17-27-40,
RELATING TO POST-CONVICTION RELIEF PROCEEDINGS, SO AS TO PROVIDE FOR ORIGINAL
JURISDICTION IN AND FILING OF APPLICATION WITH THE SUPREME COURT; AND TO REPEAL
SECTION 17-27-100 RELATING TO APPEALS OF POST-CONVICTION RELIEF PROCEEDINGS.
Referred to Committee on Judiciary.
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| Printed Page 4013, Apr. 5
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