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S. 171
STATUS INFORMATION
General Bill
Sponsors: Senators Thomas and Hutto
Document Path: l:\s-res\dlt\002juve.mrh.doc
Introduced in the Senate on January 14, 2003
Currently residing in the Senate Committee on Judiciary
Summary: Child statement made while in custody by law enforcement is not admissible in future proceedings; exceptions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/8/2003 Senate Prefiled
1/8/2003 Senate Referred to Committee on Judiciary
1/14/2003 Senate Introduced and read first time SJ-91
1/14/2003 Senate Referred to Committee on Judiciary SJ-91
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND CHAPTER 7 OF TITLE 20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-7230 TO PROVIDE THAT A STATEMENT MADE BY A CHILD WHILE IN THE CUSTODY OF A LAW ENFORCEMENT OFFICER OR IN A DETENTION FACILITY IS NOT ADMISSIBLE IN ANY FUTURE PROCEEDING UNLESS THE STATEMENT IS RECORDED BY A DEVICE THAT RECORDS AND STORES BOTH SOUND AND IMAGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 7 of Title 20 of the 1976 Code is amended by adding:
"Section 20-7-7230. (A) A statement made by a child while in the custody of a law enforcement officer or while the child is in a detention facility or other place of confinement is not admissible in any future proceeding unless:
(1) the child is advised prior to making any statement:
(a) he has the right to remain silent;
(b) he does not have to make any statement at all;
(c) any statement he makes may be used against him in a future proceeding;
(d) he has the right to have an attorney present prior to or during any questioning;
(e) if he is unable to hire an attorney, that he has the right to have an attorney appointed to him prior to any questioning; and
(f) he has the right to terminate questioning at any time;
(2) the advisement of rights and the statement are recorded by an electronic recording device that records and stores both sound and images;
(3) the recording device is capable of making and storing an accurate recording, the operator is competent to use the recording device, and the recording has not been altered;
(4) each person and voice appearing on the recording is identified; and
(5) no later than ten days before any proceeding involving the child, the attorney representing the child is provided a complete and accurate copy of each recording of the child made pursuant to this section.
(B) The requirements of this section do not apply if the child makes the statement in the presence of his attorney.
(C) Nothing in this section affects the requirement that a judge make a determination that any statement made by a child pursuant to this section was freely and voluntarily given before the statement is admissible.
(D) A recording made pursuant to this section must be preserved until all matters relating to any conduct referred to in the recording are final, including the exhaustion of all appeals."
SECTION 2. This act takes effect upon approval by the Governor.
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