Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995
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Printed Page 330, Jan. 24
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Printed Page 340 . . . . . Tuesday, January 24,
1995
H. 3279 -- Rep. D. Smith: A CONCURRENT RESOLUTION CONGRATULATING SPARTANBURG
HIGH
SCHOOL ON WINNING THE 1994 CLASS AAAA DIVISION 1 STATE CHAMPIONSHIP IN
FOOTBALL.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3238 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 24-3-435 SO AS TO ALLOW LOCAL GOVERNMENTS, SCHOOL
DISTRICTS,
AND CHARITABLE ORGANIZATIONS TO USE INMATES TO PERFORM CONSTRUCTION, REPAIR,
AND
MAINTENANCE SERVICES; BY ADDING SECTION 24-13-100 SO AS TO PROVIDE THE
CONDITIONS A
PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE; BY ADDING SECTION
24-13-150
SO AS TO PROVIDE THE CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR
EARLY
RELEASE; BY ADDING SECTION 24-13-175 SO AS TO PROVIDE THAT SENTENCES IMPOSED AND
TIME
SERVED BE COMPUTED BASED UPON A THREE HUNDRED AND SIXTY-FIVE DAY YEAR; BY
ADDING
SECTION 24-21-560 SO AS TO PROVIDE A PERSON WHO COMMITS A CRIME SATISFACTORILY
COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS RELEASE FROM THE
CRIMINAL JUSTICE
SYSTEM, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO NOTIFY THE DEPARTMENT
OF
PROBATION AND COMMUNITY SUPERVISION OF AN INMATE'S PROJECTED RELEASE DATE,
AND TO
REQUIRE THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION TO NOTIFY
VICTIMS AND
THE LOCAL SHERIFF'S OFFICE OF THE PLACE WHERE THE INMATE IS TO BE RELEASED
WHEN HE IS
PLACED IN COMMUNITY SUPERVISION; TO AMEND SECTIONS 1-30-10 AND 1-30-85, RELATING
TO
DEPARTMENTS RESTRUCTURED WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT,
SO AS TO
CHANGE THE NAME OF THE DEPARTMENT OF PROBATION, PARDON AND PAROLE TO THE
DEPARTMENT
OF PROBATION AND COMMUNITY SUPERVISION, RESPECTIVELY; TO AMEND SECTION 16-3-20,
AS
AMENDED, RELATING TO THE SEPARATE SENTENCING PROCEEDING TO
Printed Page 341 . . . . . Tuesday, January 24,
1995
DETERMINE WHETHER A SENTENCE SHOULD BE DEATH OR LIFE IMPRISONMENT FOR
A PERSON CONVICTED OF MURDER, SO AS TO REVISE THE TERMS OF IMPRISONMENT THAT
MAY BE
IMPOSED DURING THIS PROCEEDING; TO AMEND SECTION 16-3-625, RELATING TO RESISTING
ARREST WITH A DEADLY WEAPON, SO AS TO REVISE THE AGE OF A PERSON WHO MAY BE
CHARGED
WITH THE CRIME, REVISE THE PENALTY, AND TO REVISE THE DEFINITION OF "DEADLY
WEAPON"; TO AMEND SECTION 16-3-1180, AS AMENDED, RELATING TO THE
COMPENSATION OF
CRIME VICTIMS, SO AS TO REVISE THE MAXIMUM AWARD A CRIME VICTIM MAY RECEIVE;
TO AMEND
SECTION 16-3-1260, RELATING TO THE REIMBURSEMENT OF THE STATE BY A CONVICTED
PERSON
FOR PAYMENT FROM THE VICTIM'S COMPENSATION FUND, SO AS TO ELIMINATE THE
DEPARTMENT OF
PAROLE AND COMMUNITY CORRECTIONS' RIGHT TO MAKE PAYMENT OF THE DEBT OR A
PORTION OF
THE DEBT A CONDITION OF PAROLE, TO SUBSTITUTE "STATE OFFICE OF VICTIM
ASSISTANCE" FOR "VICTIM'S COMPENSATION FUND" AND TO SUBSTITUTE
"SOUTH CAROLINA DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION"
FOR
"SOUTH CAROLINA BOARD OF PAROLE AND COMMUNITY CORRECTIONS"; TO
AMEND
SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES,
SO AS
TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION"
FOR
"DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", TO ALLOW THE
DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND THE DEPARTMENT OF
CORRECTIONS
TO DISCLOSE BETWEEN THE TWO DEPARTMENTS INFORMATION PROVIDED TO VICTIMS AND
WITNESSES, AND TO ELIMINATE RESTITUTION AS A CONDITION OF PAROLE; TO AMEND
SECTION
16-3-1550, AS AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO
SUBSTITUTE
THE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR THE
"PAROLE AND COMMUNITY CORRECTIONS BOARD"; TO AMEND SECTION 16-11-311,
RELATING TO BURGLARY IN THE FIRST DEGREE, SO AS TO ELIMINATE PAROLE FOR THE
COMMISSION OF THE CRIME; TO AMEND SECTION 17-25-45, RELATING TO A SOLICITOR'S
DISCRETION TO INVOKE A LIFE SENTENCE UPON A PERSON CONVICTED THREE TIMES FOR
CERTAIN
CRIMES, SO
Printed Page 342 . . . . . Tuesday, January 24,
1995
AS TO REDUCE THE NUMBER OF PRIOR CONVICTIONS TO TWO BEFORE A LIFE
SENTENCE MAY BE IMPOSED, EXCEPT FOR A CRIME FOR WHICH A SENTENCE OF DEATH HAS
BEEN
IMPOSED, TO DEFINE "LIFE IMPRISONMENT", AND REQUIRE THE SOLICITOR TO
GIVE
WRITTEN NOTICE OF HIS DECISIONS TO INVOKE SENTENCING UNDER THIS PROVISION
BEFORE
TRIAL; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO A PRISONER'S PLACE OF
CONFINEMENT, SO AS TO SUBSTITUTE "STATE CORRECTIONAL FACILITY" FOR
"STATE PENITENTIARY"; TO ALLOW AN INMATE'S SENTENCE TO RUN
CONCURRENTLY
WITH A SENTENCE RENDERED IN ANOTHER STATE OR A SENTENCE RENDERED ON THE
FEDERAL
LEVEL, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO NOTIFY THE SOLICITOR,
SHERIFF,
JUDGE, AND REGISTERED VICTIMS BEFORE RELEASING INMATES ON WORK RELEASE, TO
ALLOW THE
DEPARTMENT TO DENY WORK RELEASE BASED ON OPINIONS RECEIVED FROM THESE
INDIVIDUALS,
AND TO ALLOW INMATES TO PARTICIPATE IN THE DEPARTMENT OF CORRECTIONS
RESTITUTION
PROGRAM; TO AMEND SECTION 24-3-410, AS AMENDED, RELATING TO THE SALE OF
PRISON-MADE
PRODUCTS, SO AS TO ADD THE TERM "COMMUNITY SUPERVISION"; TO AMEND
SECTION
24-13-210, AS AMENDED, RELATING TO REDUCTION OF A SENTENCE FOR GOOD BEHAVIOR,
SO AS
TO MODIFY THE PROCEDURE FOR COMPUTING GOOD BEHAVIOR CREDITS, TO ELIMINATE
AN INMATE'S
ABILITY TO HAVE SERVED A FULL SENTENCE WHEN HE HAS SERVED THE TERM FOR WHICH
HE WAS
SENTENCED, LESS CREDIT FOR GOOD BEHAVIOR, AND TO PROVIDE THAT CREDITS EARNED
UNDER
THIS SECTION MAY NOT BE APPLIED TO PREVENT FULL PARTICIPATION IN A COMMUNITY
SUPERVISION PROGRAM; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO
REDUCTION OF
A SENTENCE FOR PARTICIPATION IN AN ACADEMIC, TECHNICAL, OR VOCATIONAL TRAINING
PROGRAM, SO AS TO MODIFY THE PROCEDURE FOR COMPUTING ACADEMIC AND WORK
CREDITS, TO
REDUCE THE MAXIMUM ANNUAL CREDIT FOR BOTH WORK CREDIT AND ACADEMIC CREDIT,
TO NOT
ALLOW A REDUCTION IN SENTENCE BELOW CERTAIN MINIMUMS, AND TO PROVIDE NO
CREDIT EARNED
UNDER THIS SECTION MAY BE APPLIED TO PREVENT FULL PARTICIPATION IN A COMMUNITY
SUPERVISION PROGRAM; TO AMEND SECTION
Printed Page 343 . . . . . Tuesday, January 24,
1995
24-13-1320,AS AMENDED, RELATING TO THE SHOCK INCARCERATION SELECTION
COMMITTEE, SO AS TO SUBSTITUTE "DIRECTOR" FOR "COMMISSIONER"
AND
SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR
"DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; AND TO AMEND
SECTION 24-13-1330, AS AMENDED, RELATING TO AN INMATE'S PARTICIPATION IN THE
SHOCK
INCARCERATION PROGRAM, SO AS TO MODIFY THE PROCEDURE AN INMATE IS CONSIDERED
FOR
PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, TO SUBSTITUTE
"DIRECTOR"
FOR "COMMISSIONER", TO ELIMINATE PAROLE FOR INMATES WHO COMPLETE THE
SHOCK
INCARCERATION PROGRAM, BUT REQUIRE THEM TO BE RELEASED TO COMMUNITY
SUPERVISION AND
TO PAY RESTITUTION IF APPLICABLE; TO AMEND SECTION 24-13-1520, AS AMENDED,
RELATING
TO DEFINITIONS UNDER "HOME DETENTION ACT", SO AS TO SUBSTITUTE
"DEPARTMENT OF PROBATION AND COMMUNITY SERVICES" FOR
"DEPARTMENT OF
PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-13-1590, AS
AMENDED, RELATING TO THE PROVISION THAT PROBATION AND PAROLE AUTHORITY IS NOT
DIMINISHED BY ANY PROVISION OF THE "HOME DETENTION ACT", SO AS TO
SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR
"DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", AND TO NOT
DIMINISH
THE AUTHORITY OF THE COURTS, THE DEPARTMENT OF JUVENILE JUSTICE, OR THE
DEPARTMENT OF
PROBATION AND COMMUNITY SERVICES TO REGULATE OR IMPOSE CONDITIONS ON
COMMUNITY
SUPERVISION; TO AMEND SECTION 24-19-160, AS AMENDED, RELATING TO THE PROVISIONS
THAT
THE COURTS' POWERS AND THE JURISDICTION OF THE PROBATION, PAROLE, AND PARDON
BOARD
ARE NOT AFFECTED BY THE DEPARTMENT OF CORRECTION'S TREATMENT OF YOUTHFUL
OFFENDERS,
SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SERVICES"
FOR
"DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES" AND TO
ELIMINATE THE
PROVISION THAT MAKES FOR PAROLE PURPOSES A SENTENCE PURSUANT TO SECTION
24-19-5, SIX
YEARS; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO THE STRUCTURE OF THE
DEPARTMENT OF PROBATION, PAROLE,
Printed Page 344 . . . . . Tuesday, January 24,
1995
AND PARDON SERVICES AND THE BOARD OF PROBATION, PAROLE, AND PARDON
SERVICES, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY
SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON
SERVICES" AND SUBSTITUTE "BOARD OF PARDONS" FOR "BOARD OF
PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-21-13, AS
AMENDED,
RELATING TO THE DUTIES OF THE DIRECTOR AND BOARD OF THE DEPARTMENT OF
PROBATION,
PAROLE, AND PARDON SERVICES, SO AS TO REQUIRE THE DIRECTOR TO DEVELOP POLICIES
AND
PROCEDURE TO PLACE AND SUPERVISE OFFENDERS ON COMMUNITY SUPERVISION, TO
DEFINE
COMMUNITY SUPERVISION AND AN INMATE'S RIGHT TO BE PLACED IN THIS PROGRAM, AND
TO
LIMIT THE CASES THE BOARD MUST CONSIDER; TO AMEND SECTION 24-21-30, RELATING TO
THE
BOARD OF PROBATION, PAROLE, AND PARDON SERVICES MEETINGS, SO AS TO ELIMINATE
GRANTING
PAROLE TO INMATES WHO COMMIT A CRIME AFTER JUNE 30, 1996, AND TO MODIFY THE
PROCEDURE
FOR GRANTING PAROLES; TO AMEND SECTION 24-21-50, RELATING TO HEARINGS,
ARGUMENTS, AND
APPEARANCES BEFORE THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS
TO
LIMIT THE BOARD TO CONSIDER ONLY HEARINGS FOR PAROLE OR PARDONS AND NOT TO
ALLOW AN
INMATE THE RIGHT TO CONFRONTATION DURING THESE HEARINGS; TO AMEND SECTION
24-21-60,
AS AMENDED, RELATING TO PUBLIC AGENCY AND OFFICIALS COOPERATING WITH THE
BOARD OF
PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO ELIMINATE THE DIRECTOR OF THE
BOARD'S ABILITY TO CONDUCT SURVEYS OF CORRECTIONAL FACILITIES; TO AMEND
SECTION
24-21-80, AS AMENDED, RELATING TO SUPERVISION FEES PAID BY PROBATIONERS AND
PAROLEES,
SO AS TO INCLUDE COMMUNITY SUPERVISION IN THE PROGRAMS COVERED BY SUPERVISION
FEES,
TO GRANT THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION THE
AUTHORITY TO
DETERMINE SUPERVISION FEES, TO MAKE PAYMENT OF A SUPERVISION FEE A CONDITION
OF
PROBATION, PAROLE, OR COMMUNITY SUPERVISION, TO SUBSTITUTE
"DEPARTMENT" FOR
"BOARD" AND "COMMUNITY SUPERVISION PROGRAM" FOR
"SUPERVISED
FURLOUGH PROGRAM", AND TO REVISE THE CONDITIONS FOR WHICH A
Printed Page 345 . . . . . Tuesday, January 24,
1995
PERSON MAY BE EXEMPTED FROM PAYING SUPERVISION FEES; TO AMEND SECTION
24-21-220, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DIRECTOR OF THE
DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO INCLUDE
COMMUNITY
SUPERVISION AMONG THE PROGRAMS HE MUST EMPLOY STAFF TO CARRY OUT HIS DUTIES;
TO AMEND
SECTION 24-21-230, AS AMENDED, RELATING TO THE EMPLOYMENT AND TRAINING AND
EXAMINING
OF PROBATION AGENTS AND CLERICAL ASSISTANTS, SO AS TO FURTHER PROVIDE FOR THE
TRAINING AND EXAMINATION OF CERTAIN AGENTS; TO AMEND SECTION 24-21-280, AS
AMENDED,
RELATING TO THE DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO REQUIRE
PROBATION
AGENTS TO PROVIDE PERSONS RELEASED ON PAROLE OR COMMUNITY SUPERVISION A
WRITTEN
STATEMENT OF THE TERMS OF THEIR RELEASE AND MAINTAIN CONTACT WITH AND
ENCOURAGE THOSE
IN COMMUNITY SUPERVISION TO IMPROVE THEIR CONDUCT AND CONDITION, AND TO
MAKE
PROBATION AGENTS OFFICIAL REPRESENTATIVES OF THE DEPARTMENT OF PROBATION AND
COMMUNITY SUPERVISION AND THE BOARD OF PARDONS; TO AMEND SECTION 24-21-300,
RELATING
TO THE ISSUING OF A CITATION AND AFFIDAVIT THAT A PERSON RELEASED PURSUANT TO
THE
PRISON OVERCROWDING ACT IS IN VIOLATION OF HIS TERMS OF RELEASE, SO AS TO ALLOW
PROBATION AGENTS TO ISSUE CITATIONS AND AFFIDAVITS TO COMMUNITY SUPERVISION
RELEASEES, TO SUBSTITUTE "OFFENDER MANAGEMENT SYSTEMS ACT" FOR
"PRISON
OVERCROWDING POWERS ACT", AND TO ALLOW A CERTIFICATE OF SERVICE TO BE
SUFFICIENT
PROOF OF SERVICE THAT A CITATION HAS BEEN SERVED; TO AMEND SECTION 24-21-910,
RELATING TO THE DUTY OF THE PROBATION, PAROLE, AND PARDON SERVICES BOARD WITH
RESPECT
TO REPRIEVES OR COMMUTATION OF DEATH SENTENCES, SO AS TO SUBSTITUTE
"BOARD OF
PARDONS" FOR "PROBATION, PAROLE, AND PARDON SERVICES BOARD"; TO
AMEND
SECTION 24-21-950, RELATING TO GUIDELINES FOR DETERMINING ELIGIBILITY FOR PARDONS,
SO
AS TO ALLOW A CRIME VICTIM OR A MEMBER OF A CONVICTED PERSON'S FAMILY TO
PETITION FOR
A PARDON FOR A PERSON WHO HAS COMPLETED COMMUNITY SUPERVISION OR HAS BEEN
Printed Page 346 . . . . . Tuesday, January 24,
1995
DISCHARGED FROM A SENTENCE AND TO ALLOW PERSONS DISCHARGED FROM A
SENTENCE WITHOUT BENEFIT OF SUPERVISION BE CONSIDERED FOR A PARDON UPON THE
REQUEST
OF THE INDIVIDUAL ANYTIME AFTER DISCHARGE; TO AMEND SECTION 24-23-20, RELATING
TO THE
CASE CLASSIFICATION SYSTEM, SO AS TO MAKE TECHNICAL REVISIONS; TO AMEND SECTION
24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO SUBSTITUTE
"SUPERVISED PRISONERS" FOR "PAROLEES", TO INCLUDE COMMUNITY
SUPERVISION PROGRAMS IN THE COMMUNITY CORRECTIONS PLAN, SUBSTITUTE "STATE
PROBATION AGENTS" FOR "STATE PROBATION AND PAROLE AGENTS", AND
TO
SUBSTITUTE "COMMUNITY SUPERVISION" FOR "PAROLE"; TO AMEND
SECTION
24-23-40, AS AMENDED, RELATING TO THE DEVELOPMENT OF A COMMUNITY CORRECTIONS
PLAN, SO
AS TO INCLUDE COMMUNITY SUPERVISION RELEASEES AMONG INDIVIDUALS OBTAINING
TREATMENT
UNDER THE PLAN AND TO ELIMINATE THE CONDUCT OF RESEARCH AND SPECIAL STUDIES
ON THE
ISSUE OF PAROLE OUTCOMES BY THE BOARD OF PROBATION, PAROLE, AND PARDON
SERVICES; TO
AMEND SECTION 24-23-115, AS AMENDED, SO AS TO SUBSTITUTE "DEPARTMENT OF
PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION,
PAROLE,
AND PARDON SERVICES"; TO AMEND SECTION 24-23-130, AS AMENDED, RELATING TO
THE
TERMINATION OF SUPERVISION OF A PROBATIONER UPON RECOMMENDATION OF THE
RESPONSIBLE
COUNTY PROBATION OFFICE, SO AS TO ELIMINATE THE TWO-YEAR PERIOD A PROBATIONER
OR
SUPERVISED PRISONER MUST WAIT AFTER SATISFACTORILY COMPLETING THE CONDITIONS
OF HIS
PROBATION OR COMMUNITY SUPERVISION TO BECOME ELIGIBLE FOR TERMINATION OF
SUPERVISION;
TO AMEND SECTION 24-23-220, AS AMENDED, RELATING TO THE PAYMENT OF ASSESSMENTS
AS A
CONDITION OF PROBATION AND SUPERVISION FROM RELEASE FROM PRISON, SO AS TO
SUBSTITUTE
"DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR
"DEPARTMENT OF
PROBATION, PAROLE, AND PARDON SERVICES", AND TO SUBSTITUTE
"TREASURER"
FOR "TREASURY"; TO REPEAL SECTION 24-1-200, RELATING TO THE DIRECTOR OF
THE
DEPARTMENT OF CORRECTION'S ABILITY TO INQUIRE INTO INMATE'S SENTENCES, THE
CONDITIONS
Printed Page 347 . . . . . Tuesday, January 24,
1995
UNDER WHICH INMATES ARE CONFINED AND RECOMMENDATIONS FOR CLEMENCY;
SECTION 24-13-60, RELATING TO THE REQUIREMENT THAT CLERKS OF COURT MUST NOTIFY
THE
DEPARTMENT OF CORRECTIONS OF THE NUMBER OF PERSONS CONVICTED EACH TERM;
SECTION
24-13-270, RELATING TO THE PREMATURE RELEASE OF PRISONERS; SECTION 24-13-610,
RELATING TO THE EXTENDED WORK RELEASE PROGRAM; SECTION 24-13-620, RELATING TO
THE
REQUIREMENTS OF EXTENDED WORK RELEASE PROGRAM PARTICIPANTS; SECTION 24-13-630,
RELATING TO THE DUTIES OF THE DEPARTMENT OF CORRECTIONS REGARDING THE
EXTENDED WORK
RELEASE PROGRAM; SECTION 24-13-710, RELATING TO THE IMPLEMENTATION OF
GUIDELINES AND
ELIGIBILITY CRITERIA FOR THE SUPERVISED FURLOUGH PROGRAM; AND SECTION 24-13-720,
RELATING TO INMATES WHO MAY BE PLACED IN A SUPERVISED FURLOUGH PROGRAM; TO
DIRECT THE
CODE COMMISSIONER TO MAKE APPROPRIATE REVISIONS TO THE CODE; AND TO SAVE
PENDING
MATTERS.
Read the first time and referred to the Committee on Judiciary.
HOUSE CONCURRENCE
S. 382 -- Senators Courson, Alexander, Bryan, Cork, Courtney, Drummond, Elliott,
Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman,
Leventis, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell,
Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg,
Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep,
Washington, Williams and Wilson: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY,
DAVID M. BEASLEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE
GENERAL
ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 25, 1995.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE
CALENDAR.
Printed Page 348 . . . . . Tuesday, January 24,
1995
AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS
S. 42 -- Senators Courson, Rose, Wilson, Reese and Giese: A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH
CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND
HOUSE
OF REPRESENTATIVES, AND TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR
OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE
POLITICAL
SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE
OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW,
INCLUDING A
PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.
The Senate proceeded to a consideration of the Resolution. The question being the
adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (Doc. No. JUD0042.002),
which was adopted:
Amend the resolution, as and if amended, page 2, line 25, in Section 1, as
contained in SECTION 3, by inserting after the word /to/ the following:
/and serve in/
Amend the resolution further, as and if amended, page 2, line 30, in Section 1, as
contained in SECTION 3, by inserting after the word /law/ the following:
/or a violation of the election laws/
Amend the resolution further, as and if amended, page 3, line 2, as contained in
SECTION 4, by inserting after the word /law/ the following:
/or a violation of the election laws/.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Resolution was read the second time and
ordered placed on the third reading Calendar with notice of general amendments.
Printed Page 349 . . . . . Tuesday, January 24,
1995
THE CALL OF THE UNCONTESTEDCALENDAR HAVING BEEN COMPLETED, THE SENATE
PROCEEDED TO THE INTERRUPTED DEBATE.
AMENDMENTS TO THE SENATE RULES ADOPTED
AMENDMENT PROPOSED, DEBATE INTERRUPTED
S. 338 -- Rules Committee: A SENATE RESOLUTION TO AMEND RULE 10 OF SENATE RULES,
RELATING TO COMMITTEE REPORTS SO AS TO SPECIFY THE ORDER OF BUSINESS AFTER
WHICH THE
ANNUAL GENERAL APPROPRIATION BILL AND A REAPPORTIONMENT BILL IS TO BE
CONSIDERED, TO
AMEND RULE 14, RELATING TO PRIVILEGED MOTIONS, SO AS PROVIDE THAT THE MOVER
HAS THE
RIGHT TO RESTATE A MOTION IF SUCH A REQUEST IS MADE, TO AMEND RULE 16, RELATING
TO
VOTING, SO AS TO REQUIRE THE AYES AND NOES "VIVA VOCE" ON ANY QUESTION
UNLESS A ROLL CALL VOTE OR DIVISION IS ORDERED, TO AMEND RULE 19(11) RELATING TO
COMMITTEES OF CONFERENCE, SO AS TO PROVIDE THAT THE PRESIDENT PRO TEMPORE
SHALL
APPOINT CONFEREES SUBJECT TO CERTAIN CONDITIONS, TO AMEND RULE 32, RELATING TO
EXECUTIVE SESSIONS, SO AS TO AUTHORIZE THE PRESENCE OF THE READING CLERK, TO
AMEND
RULE 34 RELATING TO THE MOTION PERIOD AND SPECIAL ORDERS SO AS TO ALLOW A
MOTION TO
SET A BILL OR RESOLUTION FOR SPECIAL ORDER IRRESPECTIVE OF WHETHER THE BILL
RECEIVED
A READING ON THE LEGISLATIVE DAY THE MOTION IS ADOPTED.
The Senate proceeded to a consideration of the Senate Resolution. The question being
the adoption of the Senate Resolution.
Senator McCONNELL spoke on the Resolution.
Question Divided
Senator McCONNELL requested that the question be divided.
The PRESIDENT stated that since the Resolution contained divisible parts, that it
would be divided and each question would be taken up separately.
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