South Carolina General Assembly
120th Session, 2013-2014

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Indicates New Matter

H. 3606

STATUS INFORMATION

General Bill
Sponsors: Reps. Stavrinakis, G.M. Smith and Weeks
Document Path: l:\council\bills\ms\7130ahb13.docx

Introduced in the House on February 21, 2013
Currently residing in the House Committee on Judiciary

Summary: Plea agreements

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/21/2013  House   Introduced and read first time (House Journal-page 75)
   2/21/2013  House   Referred to Committee on Judiciary 
                        (House Journal-page 75)

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/21/2013

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-135 SO AS TO ALLOW A DEFENDANT TO ENTER A CONDITIONAL PLEA OF GUILTY OR NO CONTEST OR NOLO CONTENDERE RESERVING CERTAIN RIGHTS OF THE DEFENDANT TO WITHDRAW THE CONDITIONAL PLEA AND TO PROVIDE A PROCEDURE FOR THE ACCEPTANCE OF A CONDITIONAL PLEA AFTER A PLEA AGREEMENT HAS BEEN ACCEPTED WITH THE CONSENT OF THE SOLICITOR OR PROSECUTING ATTORNEY.

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

SECTION    1.    Chapter 23, Title 17 of the 1976 Code is amended by adding:

"Section 17-23-135.    (A)    A defendant may enter a conditional plea of guilty or no contest or nolo contendere, upon reserving in writing prior to or at the time of his plea, the right to review of an adverse determination by the trial court of a:

(1)    motion to suppress claiming the unlawful search or seizure of evidence;

(2)    motion to suppress a custodial statement; or

(3)    motion to dismiss on constitutional grounds.

A defendant who prevails on appeal is allowed to withdraw the conditional plea and a new trial must be granted except in cases when the charge is dismissed by the court.

(B)    In the instant case, if a defendant has accepted a plea agreement offered by the State, a conditional plea may not be accepted by the court without the consent of the solicitor or other prosecuting attorney."

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

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This web page was last updated on Thursday, February 28, 2013 at 3:47 P.M.