South Carolina General Assembly
115th Session, 2003-2004
A25, R66, S224
STATUS INFORMATION
General Bill
Sponsors: Senator Hutto
Document Path: l:\s-jud\bills\hutto\jud0025.cbh.doc
Introduced in the Senate on January 21, 2003
Introduced in the House on February 26, 2003
Last Amended on April 23, 2003
Passed by the General Assembly on April 29, 2003
Governor's Action: May 14, 2003, Signed
Summary: Youthful offender, definition
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
1/21/2003 Senate Introduced and read first time SJ230
1/21/2003 Senate Referred to Committee on Judiciary SJ230
2/19/2003 Senate Committee report: Favorable Judiciary SJ17
2/20/2003 Senate Read second time SJ18
2/25/2003 Senate Read third time and sent to House SJ22
2/26/2003 House Introduced and read first time HJ10
2/26/2003 House Referred to Committee on Judiciary HJ11
4/16/2003 House Committee report: Favorable with amendment Judiciary HJ2
4/17/2003 Scrivener's error corrected
4/23/2003 House Amended HJ52
4/23/2003 House Read second time HJ53
4/24/2003 House Read third time and returned to Senate with amendments HJ27
4/29/2003 Senate Concurred in House amendment and enrolled SJ44
5/8/2003 Ratified R 66
5/14/2003 Signed By Governor
5/23/2003 Copies available
5/23/2003 Effective date 05/14/03
6/11/2003 Act No.25
VERSIONS OF THIS BILL
1/21/2003
2/19/2003
4/16/2003
4/17/2003
4/23/2003
(A25, R66, S224)
AN ACT TO AMEND SECTION 241910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT THE TERM “YOUTHFUL OFFENDER” INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY; AND BY ADDING SECTION 405390 SO AS TO PROVIDE THAT IN ANY CRIMINAL CASE AN ATTORNEY MAY CHARGE A NONREFUNDABLE FLAT FEE.
Be it enacted by the General Assembly of the State of South Carolina:
Youthful offender
SECTION 1. Section 241910 of the 1976 Code, as last amended by Act 441 of 1996, is further amended to read:
“Section 241910. As used herein:
(a) ‘Department’ means the Department of Corrections.
(b) ‘Division’ means the Youthful Offender Division.
(c) ‘Director’ means the Director of the Department of Corrections.
(d) ‘Youthful offender’ means an offender who is:
(i) under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 2077605 for allegedly committing an offense that is not a violent crime, as defined in Section 16160, and that is a misdemeanor, a Class D, Class E, or Class F felony, as defined in Section 16120, or a felony which provides for a maximum term of imprisonment of fifteen years or less, or
(ii) seventeen but less than twentyfive years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16160, and that is a misdemeanor, a Class D, Class E, or Class F felony, or a felony which provides for a maximum term of imprisonment of fifteen years or less.
(e) ‘Treatment’ means corrective and preventive guidance and training designed to protect the public by correcting the antisocial tendencies of youthful offenders; this may also include vocational and other training considered appropriate and necessary by the division.
(f) ‘Conviction’ means a judgment in a verdict or finding of guilty, plea of guilty, or plea of nolo contendere to a criminal charge where the imprisonment is at least one year, but excluding all offenses in which the maximum punishment provided by law is death or life imprisonment.”
Nonrefundable fee
SECTION 2. Article 5, Chapter 5, Title 40 of the 1976 Code is amended by adding:
“Section 405390. In any criminal case, an attorney may charge a nonrefundable flat fee.”
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 8th day of May, 2003.
Approved the 14th day of May, 2003.
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