South Carolina General Assembly
117th Session, 2007-2008

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H. 4438

STATUS INFORMATION

General Bill
Sponsors: Rep. G.M. Smith
Document Path: l:\council\bills\ms\7462ahb08.doc

Introduced in the House on January 9, 2008
Introduced in the Senate on February 5, 2008
Last Amended on January 31, 2008
Currently residing in the Senate

Summary: Bail and recognizance

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    1/9/2008  House   Introduced and read first time HJ-16
    1/9/2008  House   Referred to Committee on Judiciary HJ-17
   1/30/2008  House   Committee report: Favorable with amendment Judiciary HJ-7
   1/31/2008  House   Amended HJ-50
   1/31/2008  House   Read second time HJ-51
   1/31/2008  House   Unanimous consent for third reading on next legislative 
                        day HJ-51
    2/1/2008  House   Read third time and sent to Senate HJ-4
    2/5/2008  Senate  Introduced and read first time SJ-20
    2/5/2008  Senate  Referred to Committee on Judiciary SJ-20
   2/11/2008  Senate  Referred to Subcommittee: Hawkins (ch), Sheheen, Lourie, 
                        Vaughn
    4/2/2008  Senate  Committee report: Favorable Judiciary SJ-9

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/9/2008
1/30/2008
1/31/2008
4/2/2008

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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COMMITTEE REPORT

April 2, 2008

H. 4438

Introduced by Rep. G.M. Smith

S. Printed 4/2/08--S.

Read the first time February 5, 2008.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4438) to amend Section 17-15-260, Code of Laws of South Carolina, 1976, relating to disposition of funds collected pertaining to bail and recognizance, so as to provide, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

GERALD MALLOY for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

See Below

EXPLANATION OF IMPACT:

The Prosecution Coordination Commission indicates this amended bill will have no impact on the General Fund of the State, or on federal and/or other funds. Other funds expenditures at the Attorney General's Office could be impacted to the extent additional other funds revenue is received by that agency.

Approved By:

Harry Bell

Office of State Budget

A BILL

TO AMEND SECTION 17-15-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF FUNDS COLLECTED PERTAINING TO BAIL AND RECOGNIZANCE, SO AS TO PROVIDE THAT TWENTY-FIVE PERCENT OF THE FUNDS COLLECTED MUST BE REMITTED TO THE PROSECUTING AGENCY RATHER THAN THE SOLICITOR'S OFFICE IN THE COUNTY IN WHICH THE FORFEITURE IS ORDERED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 17-15-260 of the 1976 Code is amended to read:

"Section 17-15-260.    (A)    The funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the State, twenty-five percent to the solicitor's office in the county in which the forfeiture is ordered, or to the Attorney General's office if it is the prosecuting agency, and fifty percent to the county general fund of the county in which the forfeiture is ordered.

(B)    However, if the case in which forfeiture is ordered is originated by a municipality, the funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the State, twenty-five percent to the solicitor's office in the county in which the forfeiture is ordered, or to the Attorney General's office if it is the prosecuting agency, and twenty-five percent to the county general fund of the county in which the forfeiture is ordered, and twenty-five percent to the municipality.

(C)    All funds to be deposited in the state general fund shall must be transmitted to the State Treasurer."

SECTION    2.    This act takes effect upon approval by the Governor.

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