Criminal Justice (Courts)

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 17-25-40 SO AS TO PROVIDE AT THE TIME OF SENTENCING DEFENDANTS CONVICTED OF CERTAIN CRIMES MAY SEEK TO AND THE COURT MAY LIMIT PUBLIC ACCESS TO CERTAIN INFORMATION PRESENTED DURING THESE HEARINGS.

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-23-430, RELATING TO HEARINGS ON A PERSON'S FITNESS TO STAND TRIAL, SO AS TO REQUIRE THE CIRCUIT COURT TO ORDER INPATIENT TREATMENT OF PERSONS DETERMINED UNFIT TO STAND TRIAL IN CERTAIN CIRCUMSTANCES.

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 17-22-915 SO AS TO ALLOW FOR EXPUNGEMENT OF FIRST OFFENSE NONVIOLENT OFFENSES AND DRUG TREATMENT COURT OFFENSES AFTER CERTAIN TIME PERIODS WITHOUT PENDING CHARGES OR ADDITIONAL CONVICTIONS; BY AMENDING SECTION 17-22-910, RELATING TO APPLICATIONS FOR EXPUNGEMENT, SO AS TO REFERENCE EXPUNGEMENT PROVISIONS IN SECTION 17-22-915; AND BY AMENDING SECTION 17-22-940, RELATING TO THE EXPUNGEMENT PROCESS, SO AS TO PROVIDE FOR VERIFICATION OF ELIGIBILITY BY THE COURT FOR PARTICIPANTS IN DRUG TREATMENT COURTS BEFORE EXPUNGEMENT.

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 ADDING ARTICLE 13 TO CHAPTER 22, TITLE 17 SO AS TO CREATE A PILOT "BEHAVIORAL HEALTH CONDITIONAL DISCHARGE PROGRAM" TO OPERATE IN CERTAIN COUNTIES AS DETERMINED BY THE SOUTH CAROLINA SUPREME COURT IN COORDINATION WITH CIRCUIT SOLICITORS AND DEFENSE ATTORNEYS TO OFFER AN ALTERNATIVE TO INCARCERATION FOR CERTAIN OFFENDERS WITH BEHAVIORAL HEALTH DISORDERS; TO ESTABLISH CRITERIA FOR THE PILOT PROGRAM; TO REQUIRE CERTAIN EXECUTIVE BRANCH DEPARTMENTS TO FACILITATE SERVICES OF THE PILOT PROGRAM, INCLUDING TREATMENT AND VOCATIONAL SERVICES; TO REQUIRE DATA COLLECTION AND REPORTING TO SOUTH CAROLINA COURT ADMINISTRATION, THE GENERAL ASSEMBLY, AND THE GOVERNOR; TO CREATE AN ADVISORY COUNCIL FOR ASSISTING WITH IMPLEMENTATION OF THE PILOT PROGRAM, INCLUDING MEMBERSHIP AND DUTIES; TO CREATE A TRUST FUND FOR PURPOSES OF THE PILOT PROGRAM; AND FOR OTHER PURPOSES.

H 4527 is a House Resolution that affirms the constitutional right to due process for all U.S. persons. It also affirms the U.S. Government's obligation to follow federal court orders and faithfully execute laws, including abiding by court rulings. A copy of this resolution is to be presented to the President of the United States.