Current Status Bill Number:576 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950228 Primary Sponsor:Hayes All Sponsors:Hayes and Giese Drafted Document Number:BR1\18194AC.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Juvenile jurisdiction
Body Date Action Description Com Leg Involved
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Senate 19950228 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JUVENILE JURISDICTION, SO AS TO REQUIRE THE FAMILY COURT TO TRANSFER JURISDICTION OF A CHILD FOURTEEN YEARS OF AGE OR OLDER IF THE CHILD HAS BEEN CHARGED WITH AN OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD PROVIDE FOR A TERM OF IMPRISONMENT FOR TEN YEARS OR MORE AND THE CHILD HAS TWO PRIOR ADJUDICATIONS FOR OFFENSES CARRYING THE SAME SENTENCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-430 of the 1976 Code is amended by adding at the end:
"(10) If a child fourteen years of age or older is charged with an offense which, if committed by an adult, provides for a term of imprisonment of ten years or more and the child previously has been adjudicated delinquent in Family Court or convicted in Circuit Court for two prior offenses which, if committed by an adult, provide for a term of imprisonment of ten years or more, the court acting as committing magistrate shall bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offense if committed by an adult."
SECTION 2. This act takes effect upon approval by the Governor.