South Carolina General Assembly
120th Session, 2013-2014

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

S. 887

STATUS INFORMATION

General Bill
Sponsors: Senator Campsen
Document Path: l:\s-jud\bills\campsen\jud0086.jjg.docx

Introduced in the Senate on January 14, 2014
Currently residing in the Senate

Summary: Alteration, modification or rescission of a court order

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/17/2013  Senate  Prefiled
  12/17/2013  Senate  Referred to Committee on Judiciary
   1/14/2014  Senate  Introduced and read first time (Senate Journal-page 59)
   1/14/2014  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 59)
   1/22/2014  Senate  Referred to Subcommittee: Campsen (ch), Hembree, McElveen
   3/12/2014  Senate  Committee report: Majority favorable, minority 
                        unfavorable Judiciary (Senate Journal-page 8)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/17/2013
3/12/2014

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 12, 2014

S. 887

Introduced by Senator Campsen

S. Printed 3/12/14--S.

Read the first time January 14, 2014.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 887) to amend Section 17-25-326, Code of Laws of South Carolina, 1976, relating to the alteration, modification, or rescission of a court order, so as to provide, etc., respectfully

REPORT:

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

Majority favorable.    Minority unfavorable.

GEORGE E. CAMPSEN III    C. BRADLEY HUTTO

For Majority.    GERALD MALLOY

For Minority.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Judicial Department

Office of the Attorney General

The agencies indicate this bill will have a minimal impact on the General Fund of the State which that agency can absorb at their current level of funding.

South Carolina Commission on Prosecution Coordination:

There is no fiscal impact to the General Fund of this State. This bill only requires that a court hold a hearing before altering a defendant's sentence which would just be part of the court's regular workload.

Approved By:

Brenda Hart

Office of State Budget

A BILL

TO AMEND SECTION 17-25-326, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION, MODIFICATION, OR RESCISSION OF A COURT ORDER, SO AS TO PROVIDE THAT A COURT SHALL NOT ALTER, MODIFY, OR RESCIND A DEFENDANT'S CRIMINAL SENTENCE, UNLESS THE COURT HAS HELD A HEARING ALLOWING THE DEFENDANT, ATTORNEY GENERAL OR SOLICITOR, AND THE VICTIM TO TESTIFY REGARDING THE DECISION TO ALTER, MODIFY, OR RESCIND THE SENTENCE.

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

SECTION    1.    Section 17-25-326 of the 1976 Code is amended to read:

"Section 17-25-326.    (A)    Any A court order issued pursuant to the provisions of this article may be altered, modified, or rescinded upon the filing of a petition by the defendant, Attorney General, solicitor, or the victim for good and sufficient cause shown by a preponderance of the evidence.

(B)    A court shall not alter, modify, or rescind a defendant's criminal sentence, unless the court has held a hearing allowing the defendant, Attorney General or solicitor, and the victim to testify regarding the decision to alter, modify, or rescind the sentence. A court may deny a petition to alter, modify, or rescind a defendant's criminal sentence without a hearing."

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

----XX----

This web page was last updated on March 13, 2014 at 8:45 AM