Current Status Bill Number:62 Ratification Number:439 Act Number:406 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:McConnell All Sponsors:McConnell, Rose, Ryberg, O'Dell, Rankin, Elliott, Courson, Wilson Drafted Document Number:DKA\3469CM.95 Companion Bill Number:4851 Date Bill Passed both Bodies:19960528 Date of Last Amendment:19960508 Governor's Action:S Date of Governor's Action:19960604 Subject:Prisoner, escaped; may not serve time in minimum security
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19960621 Act No. A406
------ 19960604 Signed by Governor
------ 19960530 Ratified R439
Senate 19960528 Concurred in House amendment,
enrolled for ratification
House 19960509 Read third time, returned to Senate
with amendment
House 19960508 Amended, read second time
House 19960502 Committee report: Favorable with 25 HJ
amendment
House 19960201 Introduced, read first time, 25 HJ
referred to Committee
Senate 19960131 Amended, read third time,
sent to House
Senate 19960125 Amended, read second time,
ordered to third reading
with notice of general amendments
Senate 19950411 Committee report: majority 03 SCP
favorable, with amendment,
minority unfavorable
Senate 19950110 Introduced, read first time, 03 SCP
referred to Committee
Senate 19941003 Prefiled, referred to Committee 03 SCP
View additional legislative information at the LPITS web site.
(A406, R439, S62)
AN ACT TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, SO AS TO PROVIDE THAT A PRISONER WHO HAS BEEN SENTENCED TO IMPRISONMENT FOR MORE THAN THREE MONTHS WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM CUSTODY UNDER CERTAIN CIRCUMSTANCES MAY NOT SERVE HIS SENTENCE FOR THE ORIGINAL CONVICTION OR AN ADDITIONAL SENTENCE FOR THE ESCAPE OR ATTEMPTED ESCAPE IN A MINIMUM SECURITY FACILITY FOR A CERTAIN PERIOD AND TO DELETE AN OBSOLETE REFERENCE; AND TO AMEND SECTION 24-13-410, AS AMENDED, RELATING TO ESCAPING OR ATTEMPTING TO ESCAPE FROM PRISON, SO AS TO REVISE THE SENTENCE.
Be it enacted by the General Assembly of the State of South Carolina:
Confinement of prisoners
SECTION 1. Section 24-3-20(A) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"(A) A person convicted of an offense against this State and sentenced to imprisonment for more than three months is in the custody of the South Carolina Department of Corrections, and the department shall designate the place of confinement where the sentence must be served. Nothing in this section prevents a court from ordering a sentence to run concurrently with a sentence being served in another state or an active federal sentence. The department may designate as a place of confinement any available, suitable, and appropriate institution or facility, including a county jail or prison camp, whether maintained by the department, or otherwise. If the facility is not maintained by the department, the consent of the sheriff of the county where the facility is located must first be obtained. However, a prisoner who escapes or attempts to escape while assigned to medium, close, or maximum custody may not serve his sentence for the original conviction or an additional sentence for the escape or attempted escape in a minimum security facility for at least five years after the escape or attempted escape and one year before his projected release date."
Escaping or attempting to escape from prison
SECTION 2. Section 24-13-410 of the 1976 Code, as amended by Act 184 of 1993, is further amended to read:
"Section 24-13-410. (A) It is unlawful for a person, lawfully confined in prison or upon the public works of a county or while in the custody of a superintendent, guard, or officer, to escape, to attempt to escape, or to have in his possession tools or weapons which may be used to facilitate an escape.
(B) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years.
(C) The term of imprisonment is consecutive to the original sentence and to other sentences previously imposed upon the escapee by a court of this State. When the original sentence is three years or less, the sentence imposed in addition to any remaining unserved portion of the original sentence must not be longer than the original sentence.
(D) If the escapee is recaptured outside of this State, the term of imprisonment must be in addition to any remaining unserved portion of the original sentence and must not be less than one year nor more than fifteen years.
(E) This sentence is consecutive to other sentences previously imposed upon the escapee by any court of this State."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 4th day of June, 1996.