South Carolina General Assembly
123rd Session, 2019-2020

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

H. 4071

STATUS INFORMATION

General Bill
Sponsors: Reps. Johnson, Tallon, Hixon, Pope, Hardee, Hyde, Bailey, Hewitt and R. Williams
Document Path: l:\council\bills\rt\17531sa19.docx

Introduced in the House on February 26, 2019
Currently residing in the House Committee on Judiciary

Summary: Prosecution Coordination Commission

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/26/2019  House   Introduced and read first time (House Journal-page 33)
   2/26/2019  House   Referred to Committee on Judiciary 
                        (House Journal-page 33)
   2/28/2019  House   Member(s) request name added as sponsor: Pope, Hardee, 
                        Hyde, Bailey, Hewitt
    4/2/2019  House   Member(s) request name added as sponsor: R.Williams

View the latest legislative information at the website

VERSIONS OF THIS BILL

2/26/2019

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

A BILL

TO AMEND SECTION 1-7-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO REMOVE THE DUTY TO PROVIDE BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS; AND TO AMEND SECTION 17-28-320, RELATING TO THE PRESERVATION OF EVIDENCE, SO AS TO PROVIDE THE AMOUNT OF TIME THE PRIMARY AND BACKUP COURT RECORDING TAPES OF A PROCEEDING MUST BE PRESERVED.

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

SECTION    1.    Section 1-7-940(A)(4) is amended to read:

"(4) provide blank indictments for the circuit solicitors."

SECTION    2.    Section 17-28-320 of the 1976 Code is amended by adding an appropriately lettered subsection to read:

"( )    The primary and backup court recording tapes of a proceeding must be preserved until the person is released from incarceration, dies while incarcerated, or is executed for the offense enumerated in subsection (A), whichever comes first. However, if the person is convicted or adjudicated on a guilty or nolo contendere plea for the offense enumerated in subsection (A), the primary and backup court recording tapes and electronic versions of any prepared transcripts of a proceeding must be preserved for seven years from the date of sentencing, or until the person is released from incarceration, dies while incarcerated, or is executed for the offense enumerated in subsection (A), whichever comes first. At least thirty days before the destruction of a court recording tape or electronically prepared transcript from any criminal proceeding, the court shall notify the parties to the proceeding of the planned destruction and the right to request a copy of the recording or electronic transcript before destruction."

SECTION    3.    This act takes effect upon approval by the Governor.

----XX----


This web page was last updated on April 2, 2019 at 1:02 PM