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"Section 20-7-770. Notwithstanding the right of a person to petition the family court pursuant to Section 20-7-780 for the release of a person's record of juvenile adjudications, upon the request of the Attorney General or a circuit solicitor which is made pursuant to a current criminal investigation or prosecution, the Department of Juvenile Justice shall provide the requesting party with a copy of the juvenile criminal record of a person adjudicated as a juvenile for the commission of a violent crime, as defined in Section 16-1-60. A person with a record for an adjudicated violent crime offense must have his juvenile criminal record maintained by the Department of Juvenile Justice for at least ten years after the date of the violent offense adjudication. If after ten years a person has not been adjudicated for a subsequent offense, the record of that person must be automatically expunged by the department from its files, except crimes defined in Section 16-1-60."

SECTION 83. Section 20-7-1330 of the 1976 Code, as last amended by Section 287, Act 181 of 1993, is further amended to read:

"Section 20-7-1330. When a child is found by decree of the court to come within the provisions of Section 20-7-400, the court shall in its decree shall make a finding of the facts upon which the court exercises its jurisdiction over the child and the child's family. Following the decree, the court may, by order shall receive from the Department of Juvenile Justice a dispositional recommendation. In arriving at its dispositional recommendation, the department shall utilize an objective instrument designed to ascertain a child's risk to the community to reoffend and based

(1) probation - in home supervision;

(2) probation - out of home placement;

(3) probation - out of home placement, staff and environmentally secure; or

(4) commitment - out of home placement, secure facility.

An appropriate level of supervision also must be recommended along with the recommended custody level. These levels of supervision with the juvenile by the department are:

Level 1, requires one or two contacts a month;

Level 2, requires three contacts a week; or

Level 3, requires four to seven contacts a week.

The court is free to accept or reject the custody and supervision recommendation made by the department, but shall order that services address the treatment and rehabilitation needs of the entire family unit in as holistic a manner as possible and shall assign the local or state agency it considers most appropriate to provide or assist in providing for delivery of these services. In addition the court, by order, may:

(a) place the child on probation or under supervision in his own home or in the custody of a suitable person elsewhere, upon conditions as the court may determine. In conjunction with ordering a Level 1 or 2 supervision of the child by the department, the court also may order the custodial parent to provide primary probationary supervision for his child and order that the parent reports noncompliance by his child with the conditions of probation established by the court to the department in one of the following manners:

(1) Level 1, once a week the parent must submit a monitoring checklist to the department's staff on the juvenile's activities and behaviors;

(2) Level 2, three times a week the parent must phone the department and report the juvenile's activities and behaviors and once a week the parent is to submit the monitoring checklist form; or

(3) Level 3, daily contact by the parent with the department reporting the activities and behaviors of the juvenile and once a week the parent submits the monitoring checklist form.

Any A child placed on probation by the court remains under the authority of the court only until the expiration of the specified term of his probation. This specified term of probation may expire before but not after the eighteenth birthday of the child. Probation means casework

(b) as a condition of probation impose upon the juvenile a fine not exceeding more than two hundred dollars when the offense is one in which a magistrate, municipal, or circuit court judge has the authority to impose a fine. A fine may be imposed when commitment is suspended but not in addition to commitment;

(c) commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children or to place them in family homes or under the guardianship of a suitable person. Commitment must be for an indeterminate period but in no event beyond the child's twenty-first birthday;

(d) cause a child concerning whom a petition has been is filed to be examined or treated by a physician, psychiatrist, or psychologist and for that purpose those purposes place the child in a hospital or other suitable facility of the Department of Mental Health or Department of Disabilities and Special Needs;

(e) order other care and treatment as it considers best, except as otherwise provided in this section. In support of an order, the court may require the parents or other persons having custody of the child, or any other another person who has been found by the court to be encouraging, causing, or contributing to the acts or conditions which bring the child within the purview of this chapter, to do or omit to do acts required or forbidden by law, when the judge considers the requirement necessary for the welfare of the child. These services may include:

(1) attendance of parents in skills training programs;

(7) parent drug and alcohol education programs.

In case of failure to comply with the requirement, the court may proceed against those persons for contempt of court. However, a contempt sanction against individual members of the family unit must be utilized only as a last resort, can only be applied if based upon noncompliance or noncooperation with the treatment, rehabilitative, or supervision services established by the court, and then only until compliance with these services is obtained;

(f) dismiss the petition or otherwise terminate its jurisdiction at any time, on the motion of either party or on its own motion. when considering the appropriate amount of monetary restitution to order, the appropriate fine to be paid, or the appropriate payment for the community based treatment, rehabilitative, or supervision services provided to the child and the child's family unit, the court shall establish the monetary loss suffered or the cost of the services provided. Utilizing a sliding scale, the court shall base restitution or payment for services upon the parent or child's ability to pay. This sliding scale fee scheduled must be developed by the department in conjunction with Court Administration. Due to indigency, payments for services may be waived by the family court. Supervision fees and payment for treatment and rehabilitative services must be retained by the department or by the entity providing the supervision or services and used to administer these programs. Fees and payment may be retained and carried forwarded from one fiscal year to another to be used for these same purposes. No fee or payment for services may be ordered for juveniles who are placed in secure detention facilities, secure evaluation centers, or secure correctional facilities;

(g) dismiss the petition or otherwise terminate its jurisdiction at any time, on the motion of either party or on its own motion.

If listed services designed to meet the treatment, rehabilitation, custody, or supervision requirements of the juvenile or his parents are not available in the community or not available in sufficient quantity to meet all identified need for the services, the services may not be ordered by the court. Lack of sufficient services and services unavailable in particular areas must be documented by the court and must be reported by the

Whenever the court commits a child to an institution or agency, it shall transmit with the order of commitment a summary of its information concerning the child, and the institution or agency shall give to the court information concerning the child which the court may require. Counsel of record, if any, must be notified by the court of an adjudication under this section, and in the event there is no counsel of record, the child, its parents, or guardian must be notified of the adjudication by regular mail from the court to the last address of the child, its parents, or guardian."

SECTION 84. Section 20-7-2205 of the 1976 Code, as last amended by Acts 131 and 181 of 1993, is further amended to read:

"Section 20-7-2205. A child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, who is held in contempt of court for misconduct, or who violates the conditions of probation for an offense must not be committed to the custody of a correctional institution operated by the Department of Juvenile Justice or to secure evaluation centers operated by the department."

SECTION 85. Section 20-7-3200 of the 1976 Code, as last amended by Section 321, Act 181 of 1993, is further amended to read:

"Section 20-7-3200. The director shall serve as chief executive officer of the department. The director may appoint and employ such officers and employees necessary to perform the duties and responsibilities of the department and shall ensure that the department's organizational structure differentiates between separate divisions, the community-based services and institutional services of the department."

SECTION 86. The 1976 Code is amended by adding:

"Section 17-27-45. (A) An application for relief filed pursuant to this chapter must be filed within one year after the entry of judgment of conviction or within one year after the sending of the remittitur to the lower court from an appeal or the filing of the final decision upon an appeal.

(C) If the applicant contends that there is evidence of material facts, not previously presented and heard that requires vacation of the conviction or sentence, the application must be filed under this chapter within one year after the date of actual discovery of the facts by the applicant or after the date when the facts could have been ascertained by the exercise of reasonable diligence."

SECTION 87. Section 14-7-1110 of the 1976 Code, as last amended by Act 10 of 1987, is further amended to read:

"Section 14-7-1110. Any A person who is arraigned for the crime of murder, manslaughter, burglary, arson, criminal sexual conduct, armed robbery, grand larceny, or breach of trust when it is punishable as for grand larceny, perjury, or forgery is entitled to peremptory challenges not exceeding ten, and the State in these cases is entitled to peremptory challenges not exceeding five ten. Any A person who is indicted for any crime or offense other than those enumerated above has the right to peremptory challenges not exceeding five, and the State in these cases is entitled to peremptory challenges not exceeding five. No right to stand aside jurors is allowed to the State in any case whatsoever. In no case where there is more than one defendant jointly tried are more than twenty peremptory challenges allowed in all to the defendants, and in misdemeanors when there is more than one defendant jointly tried no more than ten peremptory challenges are allowed in all to the defendants. In felonies when there is more than one defendant jointly tried the State has ten challenges."

SECTION 88. Section 16-3-26(E) of the 1976 Code, as last amended by Section 45D., Part II, Act 164 of 1993, is further amended to read:

"(E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other expenditures on behalf of the defendant. The county may appeal an order validating the fees, costs, and other expenditures to the Supreme Court."

SECTION 89. Section 17-27-30 of the 1976 Code is amended to read:

SECTION 90. Section 17-27-40 of the 1976 Code is amended to read:

"Section 17-27-40. A proceeding is commenced by filing an application verified by the applicant with the clerk of the Supreme Court in which the conviction took place. Facts within the personal knowledge of the applicant and the authenticity of all documents and exhibits included in or attached to the application must be sworn to affirmatively as true and correct. The clerk shall docket the application upon its receipt and promptly bring it to the attention of the court and deliver a copy to the solicitor of the circuit in which the applicant was convicted and a copy to the Attorney General."

SECTION 91. Section 17-27-100 of the 1976 Code is repealed.

SECTION 92. This act takes effect upon approval by the Governor.

Rep. CROMER raised the Point of Order that Amendment No. 4 was out of order as it was not germane as the Bill specifically dealt with the utilization of local municipal prison labor for public good and this amendment was a comprehensive Bill which was accumulative overall of the criminal system and cannot be tacked on.

Rep. HASKINS argued contra the point in stating that the Bill amended Section 17-25-70 and Section 24-3-35 and the amendment amended the same sections. He further stated that just because the amendment went further than the Bill that that did not make it nongermane.

The SPEAKER stated that the amendment was not germane merely because it amended the same section. He further stated that the germaneness rule was designed to provide notice to the House that a Bill was coming up and that you could not tack on legislation.

Rep. HASKINS stated that the Bill dealt with work release using prison labor and the amendment addressed the same items.

The SPEAKER stated that the amendment was 69 pages long and covered much more according to the title listed and that it could not be germane to this Bill.

Rep. HASKINS stated that the precedence had never been that every part of the amendment had to already have been considered in the original Bill. He further stated that the precedence was that if the amendment dealt

The SPEAKER stated that the test was whether the amendment, substantially in its effect, was germane to the Bill before the House. He further stated that this amendment was substantially germane to another 40 sections and also included this Bill.

Rep. HASKINS stated that precedence had been that when an amendment had been placed on the desk and ruled nongermane because it had nothing to do with the original Bill, the authors had been allowed to take the amendment down and add one little phrase to make it germane to some part of the Bill and then it would be ruled germane.

The SPEAKER stated that dealt with the Appropriations Bill and Part II relating back to Part I money and that was a special rule of the budget.

Rep. HASKINS stated that the amendment dealt specifically with work release.

The SPEAKER stated that he agreed with that but that there were 69 other pages in it that did not deal with work release.

Rep. HASKINS inquired whether an amendment could come before the House if it went further than the original Bill.

The SPEAKER stated that substantially it had to deal with the same topic matter in the Bill.

Rep. CROMER stated that there was precedence in that the no fault automobile insurance legislation was attempted to be tacked on the small reform of the insurance industry. He further stated that this was the same analogy even though the subject matter was different.

Rep. HASKINS stated that it did not amend the same sections of the law so it was not the same. He further stated that this amendment dealt with the treatment of convicts and prisoners as did the Bill and specifically it amended the same sections of law even though it went further to amend other sections, but that should not make it nongermane.

The SPEAKER stated that the amendment was not germane and he sustained the Point of Order and ruled the amendment out of order.

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

Rep. GONZALES moved to adjourn debate upon the following Bill until Wednesday, May 4, which was adopted.

S. 226 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION

The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 5076 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO EXAMINATION AND RE-EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1750, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1320 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE INCINERATOR ASH LANDFILL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WILKINS moved that the House do now adjourn, which was adopted.

The Senate returned to the House with concurrence the following:

H. 5184 -- Rep. Scott: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. JAMES (BIG DADDY)

H. 5185 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MS. CARTER NEWMAN OF ANDERSON COUNTY ON BEING SELECTED TO RECEIVE THE 1994 CAROLINIANA AWARD AT THE UNIVERSITY OF SOUTH CAROLINA IN COLUMBIA.

H. 5186 -- Reps. P. Harris, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION COMMENDING DR. JAMES R. MORRIS, JR., OF COLUMBIA, FOR HIS OUTSTANDING LEADERSHIP AND WORK AS EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, AND WISHING HIM HAPPINESS FOLLOWING HIS RETIREMENT.

H. 5190 -- Reps. Williams, Wofford, Law, H. Brown, Harrison and J. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE THE MACEDONIA HIGH SCHOOL BOYS BASKETBALL TEAM FOR WINNING THE 1993-94 CLASS AA STATE CHAMPIONSHIP.

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