South Carolina General Assembly
119th Session, 2011-2012

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H. 4680

STATUS INFORMATION

General Bill
Sponsors: Rep. Bannister
Document Path: l:\council\bills\ms\7671ahb12.docx

Introduced in the House on January 25, 2012
Introduced in the Senate on March 21, 2012
Last Amended on March 20, 2012
Currently residing in the Senate Committee on Judiciary

Summary: Reduction of sentences

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/25/2012  House   Introduced and read first time (House Journal-page 20)
   1/25/2012  House   Referred to Committee on Judiciary 
                        (House Journal-page 20)
    3/7/2012  House   Committee report: Favorable with amendment Judiciary 
                        (House Journal-page 5)
   3/20/2012  House   Amended
   3/20/2012  House   Read second time
   3/20/2012  House   Roll call Yeas-107  Nays-1
   3/21/2012          Scrivener's error corrected
   3/21/2012  House   Read third time and sent to Senate (House Journal-page 7)
   3/21/2012  Senate  Introduced and read first time (Senate Journal-page 8)
   3/21/2012  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 8)
   3/27/2012  Senate  Referred to Subcommittee: Hutto (ch), Rose, Shoopman

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/25/2012
3/7/2012
3/20/2012
3/21/2012

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

Indicates Matter Stricken

Indicates New Matter

AMENDED

March 20, 2012

H. 4680

Introduced by Rep. Bannister

S. Printed 3/20/12--H.    [SEC 3/21/12 11:45 AM]

Read the first time January 25, 2012.

            

A BILL

TO AMEND SECTION 17-25-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDUCTION OF A SENTENCE WHEN A DEFENDANT PROVIDES SUBSTANTIAL ASSISTANCE IN INVESTIGATING OR PROSECUTING ANOTHER PERSON, SO AS TO DELETE THE REQUIREMENT THAT THE ASSISTANCE BE PROVIDED AFTER SENTENCING AND CLARIFY THAT A DEFENDANT'S SENTENCE MAY BE REDUCED BELOW THE MINIMUM TERM OF IMPRISONMENT PROVIDED BY LAW UNDER CERTAIN CIRCUMSTANCES.

Amend Title To Conform

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

SECTION    1.    Section 17-25-65 of the 1976 Code, as added by Act 273 of 2010, is amended to read:

"Section 17-25-65.    (A)    Upon the state's motion made within one year of sentencing, the court may reduce a sentence including, in its discretion, reducing a sentence below the minimum term of imprisonment provided by law if the defendant, after sentencing, provided:

(1)    substantial assistance in investigating or prosecuting another person; or

(2)    aid to a Department of Corrections employee or volunteer who was in danger of being seriously injured or killed.

(B)    Upon the state's motion made more than one year after sentencing, the court, in its discretion, may reduce a sentence as provided in subsection (A) if the defendant's substantial assistance involved:

(1)    information not known to the defendant until one year or more after sentencing;

(2)    information provided by the defendant to the State within one year of sentencing, but which did not become useful to the State until more than one year after sentencing;

(3)    information, the usefulness of which could not reasonably have been anticipated by the defendant until more than one year after sentencing, and which was promptly provided to the State after its usefulness was reasonably apparent to the defendant; or

(4)    aid to a Department of Corrections employee or volunteer who was in danger of being seriously injured or killed.

(C)    A motion made pursuant to this provision shall must be filed by that the Attorney General or the circuit solicitor in the county where the defendant's case arose. The State shall send a copy to the chief judge of the circuit within five days of filing. The chief judge or a circuit court judge currently assigned to that county shall have has jurisdiction to hear and resolve the motion. Jurisdiction to resolve the motion is not limited to the original sentencing judge.

(D)    The State shall provide notice of the filing of a motion and any other related proceedings pursuant to the provisions of this section to the victim of the original offense."

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

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