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H. 3122
STATUS INFORMATION
General Bill
Sponsors: Rep. J.E. Johnson
Document Path: l:\council\bills\sm\20113sa21.docx
Introduced in the House on January 12, 2021
Currently residing in the House Committee on Judiciary
Summary: Prosecution Coordination Commission
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/9/2020 House Prefiled 12/9/2020 House Referred to Committee on Judiciary 1/12/2021 House Introduced and read first time (House Journal-page 79) 1/12/2021 House Referred to Committee on Judiciary (House Journal-page 79)
View the latest legislative information at the website
VERSIONS OF THIS 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.
This web page was last updated on
January 23, 2021 at 2:35 PM