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H. 3812
STATUS INFORMATION
General Bill
Sponsors: Rep. Weeks
Document Path: l:\council\bills\swb\6436cm05.doc
Introduced in the House on March 30, 2005
Currently residing in the House Committee on Judiciary
Summary: Probation or suspension of a sentence
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/30/2005 House Introduced and read first time HJ-16 3/30/2005 House Referred to Committee on Judiciary HJ-16
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 24-21-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PERIOD A PERSON MAY SERVE A PROBATIONARY SENTENCE OR HAVE HIS SENTENCE SUSPENDED, SO AS TO PROVIDE THAT THE MAXIMUM PERIOD MAY BE TOLLED WHEN THE PERSON HAS VIOLATED THE CONDITIONS OF HIS PROBATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 24-21-440 of the 1976 Code, as last amended by Act 134 of 1991, is further amended to read:
"Section 24-21-440. The period of probation or suspension of sentence shall not exceed a period of five years and shall must be determined by the judge of the court and may be continued or extended within the above limit. However, the five-year period may be tolled when the person serving probation has violated the conditions of his probation."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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