South Carolina Victim Assistance Network

Act 343

(A343, R470, H4767)

AN ACT TO AMEND SECTION 16-3-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATING TO VICTIM AND WITNESS SERVICES, SO AS TO REVISE THE DEFINITIONS OF VICTIM, "PERSON", AND "CRIMINAL OFFENSE"; TO AMEND SECTION 16-3-1525, RELATING TO LAW ENFORCEMENT NOTIFICATION OF VICTIMS AND WITNESSES OF THE ARREST OR DETENTION OF CERTAIN PERSONS ACCUSED OF COMMITTING A CRIME AND BOND AND JUVENILE DETENTION HEARINGS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY THAT DETAINS CERTAIN JUVENILES IS RESPONSIBLE FOR NOTIFYING THE VICTIMS OF CERTAIN PRETRIAL, BOND, AND DETENTION HEARINGS, OR PRETRIAL RELEASES, TO PROVIDE THAT THE ARRESTING AGENCY MUST ATTEMPT TO PROVIDE EACH VICTIM OF EACH CASE FOR WHICH BOND IS BEING DETERMINED OF HIS RIGHT TO ATTEND THE BOND HEARING AND MAKE RECOMMENDATIONS TO THE PRESIDING JUDGE; TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO A DETENTION FACILITY'S DUTY TO NOTIFY A VICTIM OF THE RELEASE, ESCAPE, OR TRANSFER OF AN ACCUSED PERSON, SO AS TO REVISE THE NOTIFICATION PROCEDURE AS IT RELATES TO JUVENILE OFFENDERS; TO AMEND SECTION 16-3-1555, RELATING TO EXPERT WITNESS FEES AND THE DISTRIBUTION AND FILING OF VICTIMS' IMPACT STATEMENTS, SO AS TO PROVIDE THAT A VICTIM'S IMPACT STATEMENT MAY BE SEALED UNTIL THE DEFENDANT HAS BEEN ADJUDICATED, FOUND GUILTY, OR PLED GUILTY; TO AMEND SECTION 16-3-1560, AS AMENDED, RELATING TO THE NOTIFICATION OF A VICTIM OF CERTAIN POST-CONVICTION PROCEEDINGS AND THE VICTIM'S RIGHT TO ATTEND, SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS, THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, THE BOARD OF JUVENILE PAROLE, OR THE DEPARTMENT OF JUVENILE JUSTICE MUST ATTEMPT TO NOTIFY EACH VICTIM WHO HAS INDICATED A DESIRE TO BE NOTIFIED OF CERTAIN POST-CONVICTION PROCEEDINGS; TO PROVIDE FOR THE DISTRIBUTION OF CERTAIN ASSESSMENTS COLLECTED BY THE MAGISTRATE'S, FAMILY, AND MUNICIPAL COURTS, TO PROVIDE FOR THE AUDITING OF RECORDS OF CERTAIN COLLECTIONS OF ASSESSMENTS AND DISBURSEMENTS BY THE COUNTY TREASURERS, CLERKS OF COURT, MAGISTRATES, AND MUNICIPAL COURTS BY THE STATE AUDITOR TO DETERMINE WHETHER THE ASSESSMENTS ARE PROPERLY COLLECTED AND REMITTED TO THE STATE TREASURER, AND TO PROVIDE FOR THE SUBMISSION OF THE AUDIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY; TO AMEND SECTION 14-1-211, RELATING TO THE GENERAL SESSIONS COURT SURCHARGE, SO AS TO REVISE THE LIST OF ACTIVITIES THAT MAY BE FUNDED BY THE SURCHARGE; TO AMEND SECTION 16-3-1510, AS AMENDED, RELATING TO DEFINITIONS RELATING TO VICTIM AND WITNESS SERVICES, SO AS TO REVISE THE DEFINITIONS OF "VICTIM", "PERSON", AND "CRIMINAL OFFENSE"; AND TO AMEND SECTION 20-7-8320, RELATING TO THE CONDITIONAL RELEASE OF A JUVENILE FROM A CORRECTIONAL SCHOOL, SO AS TO MAKE A TECHNICAL CHANGE, TO REVISE THE AGE OF A JUVENILE WHEN HIS CONDITIONAL RELEASE MAY EXPIRE, AND TO REVISE THE CONDITIONS THAT MAY BE IMPOSED UPON A CONDITIONAL RELEASE.

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

Crime victims' rights

SECTION 1. A. Section 16-3-1510(1), (2), and (3) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(1) 'Victim' means any individual who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a criminal offense, as defined in this section. 'Victim' also includes any individual's spouse, parent, child, or the lawful representative of a victim who is:

(a) deceased;

(b) a minor;

(d) physically or psychologically incapacitated.

'Victim' does not include any individual who is the subject of an investigation for, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. 'Victim' also does not include any individual, including a spouse, parent, child, or lawful representative who is acting on behalf of the suspect, juvenile offender, or defendant, unless his actions are required by law. 'Victim' also does not include any individual who was imprisoned or engaged in an illegal act at the time of an offense.

(2) 'Individual' means a human being.

(3) 'Criminal offense' means an offense against the person of an individual when physical or psychological harm occurs, or the property of an individual when the value of the property stolen or destroyed, or the cost of the damage to the property, is in excess of one thousand dollars. This includes both common law and statutory offenses, the offenses contained in Sections 16-25-20, 16-25-30, 16-25-50, 56-5-1210, 56-5-2910, 56-5-2920, 56-5-2930, 56-5-2945, and the common law offense of attempt, punishable pursuant to Section 16-1-80. However, 'criminal offense' specifically excludes the drawing or uttering of a fraudulent check or an offense contained in Title 56 that does not involve personal injury or death.

For purposes of this article, a victim of a misdemeanor or felony under state law must be notified of or provided with the information required by this section. The terms 'crime', 'criminal conduct', 'charge' or any variation of these terms as used in this article means all misdemeanors and felonies under state law except the crimes the General Assembly specifically excludes from the notification provisions contained in this article."

B. Section 16-3-1525 of the 1976 Code, as added by Act 141 of 1997, is amended to read:

"Section 16-3-1525. (A) A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must make a reasonable attempt to notify each victim of the arrest or detention and of the appropriate bond or other pretrial release hearing or procedure.

(B) A law enforcement agency, before releasing to his parent or guardian a juvenile offender accused of committing an offense involving one or more victims, must make a reasonable effort to inform each victim of the release.

(C) A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must provide to the jail, prison, or detention or holding facility having physical custody of the defendant, the name, mailing address, and telephone number of each victim. If the person is transferred to another facility, this information immediately must be transmitted to the receiving facility. The names, addresses, and telephone numbers of victims and witnesses contained in the files of a jail, prison, or detention or holding facility are confidential and must not be disclosed directly or indirectly, except as necessary to provide notifications.

(D) A law enforcement agency, after detaining a juvenile accused of committing an offense involving one or more victims, must provide to the Department of Juvenile Justice the name, address, and telephone number of each victim. The law enforcement officer detaining the juvenile, regardless of where the juvenile is physically detained, retains the responsibility of notifying the victims of the pretrial, bond, and detention hearings, or pretrial releases that are not delegated pursuant to this article.

(E) Upon detention of a person, other than a juvenile, accused of committing an offense not under the jurisdiction of a summary court, and involving one or more victims, the arresting law enforcement agency must provide, in writing, to the prosecuting agency before a bond or release hearing before a circuit or family court judge the name, address, and telephone number of each victim.

(F) Upon detention of a person, other than a juvenile, accused of committing an offense involving one or more victims and which is triable in summary court or an offense involving one or more victims for which a preliminary hearing may be held, the arresting law enforcement agency must provide, in writing, to the summary court the name, mailing address, and telephone number of each victim.

(G) A law enforcement agency must provide any measures necessary to protect the victims and witnesses, including transportation to and from court and physical protection in the courthouse.

(H) In cases in which a defendant has bond set by a summary court judge:

(1) the arresting agency of the defendant reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;

(2) the summary court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the facility having custody of the defendant to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend the proceeding. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and

(3) the summary court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.

(I) In cases in which a defendant has a bond proceeding before a circuit court judge:

(1) the prosecuting agency reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;

(2) the circuit court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and

(3) the circuit court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.

(J) In cases in which a juvenile has a detention hearing before a family court judge:

(1) the prosecuting agency reasonably must attempt to notify each victim of each case for which the juvenile is appearing before the court of his right to attend the detention hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights pertaining to the detention hearing;

(2) the family court judge, before proceeding with a detention hearing in a case involving a victim, must ask the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and

(3) the family court judge, if he does not rule that a juvenile must be detained, must impose conditions of release which are sufficient to protect a victim from harassment or intimidation by the juvenile or a person acting on the juvenile's behalf.

(K) Upon scheduling a preliminary hearing in a case involving a victim, the summary court judge reasonably must attempt to notify each victim of each case for which the defendant has a hearing of his right to attend."

C. Section 16-3-1530 of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"Section 16-3-1530. Notwithstanding any other provision of law, except the provisions contained in Section 16-3-1525(D) relating to juvenile detention:

(1) a department or agency having custody or custodial supervision of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of the release of the person;

(2) a department or agency having custody or custodial supervision of a person accused of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of an escape by the person;

(3) a department or agency having custody of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims must inform each victim, upon request, of any transfer of the person to a less secure facility;

(4) a department or agency having custody or custodial supervision of a person convicted or adjudicated guilty of committing an offense involving one or more victims must reasonably attempt to notify each victim and prosecution witness, upon request, of an escape by the person."

D. Section 16-3-1555(B) and (C) of the 1976 Code, as added by Act 141 of 1997, is amended to read:

"(B) The prosecuting agency must forward, as appropriate and within a reasonable time, a copy of each victim's impact statement or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, or the Board of Juvenile Parole, and the Department of Juvenile Justice. The names, addresses, and telephone numbers of victims and prosecution witnesses contained in the records of the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, and the Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly, except by order of a court of competent jurisdiction or as necessary to provide notifications, or services, or both, between these agencies, these agencies and the prosecuting agency, or these agencies and the Attorney General.

(C) The prosecuting agency must file with an indictment a copy of a written victim's impact statement. The victim's impact statement may be sealed by the appropriate authority until the defendant has been adjudicated, found guilty, or has pled guilty."

E. Section 16-3-1560(A) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(A) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, reasonably must attempt to notify each victim, who has indicated a desire to be notified, of post-conviction proceedings affecting the probation, parole, or release of the offender, and of the victim's right to attend and comment at these proceedings. This notification must be made sufficiently in advance to allow the victim to exercise his rights as they pertain to post-conviction proceedings."

F. Revenues distributed on a monthly basis to fund existing state programs pursuant to Sections 14-1-206(c), 14-1-207(c), and 14-1-208(c) must equal the revenues received under these sections in fiscal year 1996-1997 before distributions can be made under Sections 14-1-206(B), 14-1-207(B), and 14-1-208(B) for the period of July 1, 1998, through April 30, 1999. The purpose of this provision is to reauthorize and adopt the provisions contained in Sections 4.B., 5.B., and 6.B. of Act 141 of 1997 for the period of July 1, 1998, through April 30, 1999.

Pursuant to Section 11-7-25, the State Auditor must examine the books, accounts, receipts, disbursements, vouchers, and records of the county treasurers, municipal treasurers, county clerks of court, magistrates, and municipal courts to report whether fines and assessments imposed pursuant to Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208 are properly collected and remitted to the State Treasurer. This audit must be completed and submitted to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the Ways and Means Committee no later than January 1, 1999.

G. Section 14-1-211 of the 1976 Code, as added by Act 141 of 1997, is amended to read:

"Section 14-1-211. (A) In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions obtained in general sessions court and a twenty-five dollar surcharge is imposed on all convictions obtained in magistrate's and municipal court in this State. The surcharge must not be imposed on convictions for misdemeanor traffic offenses. However, the surcharge applies to all violations of Section 56-5-2930, driving under the influence of liquor, drugs, or like substances. No portion of the surcharge may be waived, reduced, or suspended.

(B) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction which heard or processed the case and paid to the city or county treasurer, for the purpose of providing services for the victims of crime, including those required by law. Any funds retained by the county or city treasurer pursuant to subsection (A) must be deposited into a separate account for the exclusive use for all activities related to the requirements contained in this provision. For the purpose of funds allocation and expenditure, these funds are a part of the general funds of the city or county. However, these funds first must be appropriated to the local agencies and offices providing victim services and not previously funded by the State. These funds must be used for, but are not limited to, salaries, equipment that includes computer equipment and internet access, or other expenditures necessary for providing services to crime victims. Any funds which are not used for the provision of victim services at the end of the fiscal year may be used for the capital and operating needs of the judicial system.

(C) The surcharged revenue retained by the general sessions court, magistrates, or municipal courts in this State pursuant to subsection (B) must be reported by the city or county treasurer to the State Treasurer monthly. Any funds retained by the city or county treasurer pursuant to this subsection which are not used for the provision of victims' services at the end of the fiscal year may be used for the capital and operating needs of the judicial system."

H. This section does not affect an action or proceeding commenced or a right accrued before the effective date of this act.

Definitions

SECTION 2. A. Section 16-3-1510(1), (2), and (3) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

(a) deceased;

(b) a minor;

(d) physically or psychologically incapacitated.

'Victim' does not include any individual who is the subject of an investigation for, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. 'Victim' also does not include any individual, including a spouse, parent, child, or lawful representative, who is acting on behalf of the suspect, juvenile offender, or defendant unless his actions are required by law. 'Victim' also does not include any individual who was imprisoned or engaged in an illegal act at the time of the offense.

(2) 'Individual' means a human being.

(3) 'Criminal offense' means an offense against the person of an individual when physical or psychological harm occurs, or the property of an individual when the value of the property stolen or destroyed, or the cost of the damage to the property is in excess of one thousand dollars. This includes both common law and statutory offenses, the offenses contained in Sections 16-25-20, 16-25-30, 16-25-50, 56-5-1210, 56-5-2910, 56-5-2920, 56-5-2930, 56-5-2945, and the common law offense of attempt, punishable pursuant to Section 16-1-80. However, 'criminal offense' specifically excludes the drawing or uttering of a fraudulent check or an offense contained in Title 56 that does not involve personal injury or death.

For purposes of this article, a victim of any misdemeanor or felony under state law must be notified of or provided with the information required by this section. The terms 'crime', 'criminal conduct', 'charge', or any variation of these terms as used in this article mean all misdemeanors and felonies under state law except the crimes the General Assembly specifically excludes from the notification provisions contained in this article."

B. This does not affect an action or proceeding commenced or a right accrued before the effective date of this act.

C. This section takes effect upon the ratification of the constitutional amendment contained in an act of 1998 bearing ratification number 277.

Conditional release of juveniles

SECTION 3. Section 20-7-8320 of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"Section 20-7-8320. (A) A juvenile who shall have been conditionally released from a correctional facility shall remain under the authority of the parole board until the expiration of the specified term imposed in the juvenile's conditional aftercare release. The specified period of conditional release may expire before but not after the twenty-first birthday of the juvenile. Each juvenile conditionally released is subject to the conditions and restrictions of the release and may at any time on the order of the parole board be returned to the custody of a correctional institution for violation of aftercare rules or conditions of release.

(B) As a condition of correctional release, the parole board may enforce participation in restitution, work ordered by the court, and community service programs established or approved by the Department of Juvenile Justice."

Time effective

SECTION 4. Except as otherwise provided, this act takes effect upon approval by the Governor.

Approved the 8th day of June, 1998.