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COMMITTEE REPORT
February 18, 2004
H. 4651
S. Printed 2/18/04--H.
Read the first time January 29, 2004.
To whom was referred a Bill (H. 4651) to amend Chapter 11, Title 8, Code of Laws of South Carolina, 1976, by adding Article 13 so as to provide paid leave for state employees to attend court, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, in Section 8-11-110(A), as contained in SECTION 1, beginning on page 1, by striking all and inserting:
SECTION 1. Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Section 8-11-110(A) State employees eligible to earn annual leave pursuant to Section 8-11-610 also are entitled to paid leave to attend court proceedings for adjudicating the defendant charged with a crime triable in general sessions court committed against the state employee or a member of the state employee's immediate family. This paid leave shall not diminish any other paid leave allowed by law. An employee must provide his employer written advance confirmation of the date of the court proceedings from either the solicitor's office or the appropriate law enforcement department.
(B) For purposes of this section:
(1) 'court proceedings' include a preliminary hearing, a trial, sentencing, and hearing on revocation of probation;
(2) 'immediate family' is as provided in Section 8-11-40."
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
EXPLANATION OF IMPACT:
If this bill were passed, this would represent additional leave for state employees, however, there would not be any additional direct cost on the General Fund of the State or on federal and/or other funds unless the agency had to employ temporary help to assume the duties of the employee.
Approved By:
Don Addy
Office of State Budget
TO AMEND CHAPTER 11, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 SO AS TO PROVIDE PAID LEAVE FOR STATE EMPLOYEES TO ATTEND COURT PROCEEDINGS FOR THE ADJUDICATION OF THE DEFENDANT CHARGED WITH A VIOLENT CRIME COMMITTED AGAINST THE STATE EMPLOYEE OR A MEMBER OF THE STATE EMPLOYEE'S IMMEDIATE FAMILY AND TO PROVIDE THE METHOD OF CLAIMING THIS LEAVE AND THE DEFINITION NECESSARY FOR THE ADMINISTRATION OF THIS LEAVE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 11, Title 8 of the 1976 Code is amended by adding:
Section 8-11-1110. (A) State employees eligible to earn annual leave pursuant to Section 8-11-610 also are entitled to paid leave to attend court proceedings for adjudicating the defendant charged with a violent crime committed against the state employee or a member of the state employee's immediate family. This paid leave is in addition to other paid leave allowed by law. An employee must provide his employer written advance confirmation of the date of the court proceedings from either the solicitor's office or the appropriate law enforcement department.
(B) For purposes of this section:
(1) 'violent crime' is as provided in Section 16-1-60;
(2) 'court proceedings' include a preliminary hearing, a trial, sentencing, and hearing on revocation of probation;
(3) 'immediate family' is as provided in Section 8-11-40."
SECTION 2. This act takes effect upon approval by the Governor and applies for court proceedings scheduled on or after that date.
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