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H. 3228
STATUS INFORMATION
General Bill
Sponsors: Rep. Rutherford
Document Path: l:\council\bills\bh\7032ahb19.docx
Introduced in the House on January 8, 2019
Currently residing in the House Committee on Judiciary
Summary: Immunity from prosecution
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/18/2018 House Prefiled 12/18/2018 House Referred to Committee on Judiciary 1/8/2019 House Introduced and read first time (House Journal-page 135) 1/8/2019 House Referred to Committee on Judiciary (House Journal-page 135)
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VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-460 SO AS TO PROVIDE THAT AN ORDER CONCERNING IMMUNITY FROM PROSECUTION PURSUANT TO THE PROTECTION OF PERSONS AND PROPERTY ACT IS IMMEDIATELY APPEALABLE AND TO PROVIDE THAT A DEFENDANT WHO DOES NOT APPEAL THE ORDER IMMEDIATELY MAY APPEAL THE DENIAL AFTER CONVICTION AND SENTENCING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 6, Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-460. An order concerning a defendant's motion for immunity from prosecution pursuant to the provisions of this article is immediately appealable. A defendant who does not immediately appeal an order denying a request for immunity has nevertheless preserved the issue for appeal after conviction and sentencing."
SECTION 2. This act takes effect upon approval by the Governor.
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February 1, 2019 at 4:51 PM