Criminal Justice

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-53-520, RELATING TO CONTROLLED SUBSTANCES AND FORFEITURE PROCEDURES FOR PROPERTY SEIZED ACCORDINGLY, SO AS TO PROVIDE FOR THE EXPEDITED RETURN OF CERTAIN PROPERTY AND MONIES SEIZED WHEN FORFEITURE PROCEEDINGS HAVE NOT BEEN INSTITUTED AND CHARGES HAVE NOT BEEN FILED WITHIN THIRTY DAYS OF SEIZURE, TO PROVIDE THAT THE LAWFUL OWNER MAY NOT BE REQUIRED TO PROVE THAT THE PROPERTY OR MONIES SEIZED WERE LEGALLY ACQUIRED, TO PROHIBIT THE SEIZING AUTHORITY FROM REQUIRING A LAWFUL OWNER OF PROPERTY OR MONIES TO SIGN A RELEASE ABSOLVING THE SEIZING AUTHORITY FROM CIVIL LIABILITY RELATING TO AN UNLAWFUL SEIZURE BEFORE PROPERTY OR MONIES ARE RETURNED, AND TO PROVIDE THAT CRIMINAL CHARGES MAY BE BROUGHT AT A LATER DATE IF EVIDENCE WARRANTS; BY AMENDING SECTION 44-53-530, RELATING TO CONTROLLED SUBSTANCES AND FORFEITURE PROCEDURES FOR PROPERTY SEIZED ACCORDINGLY, SO AS TO ALLOW FORFEITURE PROCEEDINGS TO BE HELD IN MAGISTRATES COURT IF THE VALUE OF THE PROPERTY SEIZED DOES NOT EXCEED SEVEN THOUSAND FIVE HUNDRED DOLLARS, CHANGE THE METHOD OF ALLOCATING VARIOUS ASSETS OBTAINED THROUGH DRUG FORFEITURES SO THAT AFTER THE FIRST ONE THOUSAND DOLLARS RETAINED BY THE APPROPRIATE LAW ENFORCEMENT AGENCY, THE REMAINING ASSETS MUST BE FORWARDED TO THE PROSECUTING AGENCY, AND MAKE TECHNICAL CHANGES REFLECTING THE NEW DISTRIBUTION OF THESE ASSETS; AND BY AMENDING SECTION 44-53-586, RELATING TO THE RETURN OF SEIZED ITEMS UNDER DRUG FORFEITURE LAWS TO INNOCENT OWNERS, SO AS TO ALLOW PROCEEDINGS TO BE HELD IN MAGISTRATES COURT IF THE VALUE OF THE PROPERTY SEIZED DOES NOT EXCEED SEVEN THOUSAND FIVE HUNDRED DOLLARS.

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 24-13-40, RELATING TO COMPUTATION OF TIME SERVED BY PRISONERS, SO AS TO REMOVE THE PROHIBITION ON PERSONS ON BOND UNDER CERTAIN CIRCUMSTANCES FROM RECEIVING CREDIT FOR TIME SERVED.

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 41-1-35 SO AS TO PROVIDE THAT NO JOB APPLICATION MAY INCLUDE QUESTIONS RELATED TO CONVICTIONS OF A CRIME, UNLESS THE CRIME FOR WHICH THE APPLICANT WAS CONVICTED DIRECTLY RELATES TO THE POSITION OF EMPLOYMENT SOUGHT OR THE OCCUPATION FOR WHICH THE LICENSE IS SOUGHT, TO PROVIDE A RELATED POLICY STATEMENT, AND TO PROVIDE NECESSARY DEFINITIONS, AMONG OTHER THINGS, IN ORDER TO GIVE A BETTER CHANCE FOR APPLICANTS TO BE CONSIDERED FOR EMPLOYMENT PRIOR TO THE STAGE IN THE APPLICATION PROCESS WHEN BACKGROUND CHECKS ARE CONDUCTED.

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 17-13-180 SO AS TO PROVIDE THAT THE SCENT OF MARIJUANA ALONE DOES NOT PROVIDE LAW ENFORCEMENT WITH REASONABLE SUSPICION OR PROBABLE CAUSE TO SUPPORT A STOP, SEARCH, SEIZURE, OR ARREST.

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-3-605 SO AS TO CREATE AN ENHANCED PENALTY FOR ASSAULT AND BATTERY CONVICTIONS AGAINST AN EDUCATIONAL PROFESSIONAL OR LAW ENFORCEMENT OFFICER DURING THE PERFORMANCE OF THEIR OFFICIAL DUTIES.

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 23-23-60, RELATING TO LAW ENFORCEMENT OFFICER CERTIFICATES OF COMPLIANCE, SO AS TO PROVIDE INDIVIDUALS SEEKING CERTIFICATION MUST UNDERGO STATE AND FEDERAL CRIMINAL BACKGROUND CHECKS, AND TO PROVIDE THAT INDIVIDUALS' FINGERPRINTS MAY BE RETAINED BY SLED AND THE FBI FOR CERTAIN PURPOSES.

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-3-600, RELATING TO ASSAULT AND BATTERY OFFENSES, SO AS TO INCLUDE WHEN A PERSON INTENTIONALLY INJURES A VICTIM BASED ON CERTAIN DELINEATED CHARACTERISTICS IN THE PURVIEW OF THE OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE.

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 8 TO CHAPTER 53, TITLE 44, SO AS TO ESTABLISH THE "SAFER SYRINGE PROGRAM," INCLUDING WHO MAY ESTABLISH AND OPERATE THE PROGRAM AS WELL AS SERVICES THE PROGRAM MAY OFFER, AND TO PROVIDE IMMUNITY FROM CRIMINAL AND CIVIL LIABILITY FOR PROGRAM EMPLOYEES, PARTICIPANTS, AND LAW ENFORCEMENT; AND BY AMENDING SECTION 44-130-20, RELATING TO TERMS DEFINED IN THE "SOUTH CAROLINA OVERDOSE PREVENTION ACT," SO AS TO MAKE CONFORMING CHANGES.

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-23-440, RELATING TO DISCHARGING FIREARMS AT OR INTO DWELLINGS, STRUCTURES, ENCLOSURES, VEHICLES, OR EQUIPMENT; AND ASSOCIATED PENALTIES, SO AS TO EXPAND THE PURVIEW OF THE OFFENSE TO CERTAIN NONEXCLUSIVE PLACES, AND TO PROVIDE FOR LIFE IMPRISONMENT WITHOUT PAROLE WHEN ANY TYPE OF BODILY INJURY IS SUFFERED AS A RESULT OF THE OFFENSE.

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 23-1-235 SO AS TO DEFINE CERTAIN TERMS, TO PROVIDE ONLY CERTAIN ENTITIES MAY USE AN AUTOMATIC LICENSE PLATE READER SYSTEM, TO PROVIDE THE LOCATIONS WHERE THE SYSTEM MAY BE INSTALLED, TO PROVIDE HOW INFORMATION OBTAINED THROUGH THE SYSTEM MAY BE USED, AND TO PROVIDE A PENALTY FOR VIOLATIONS OF THIS PROVISION.