SC S191 | 2009-2010 | 118th General Assembly

Status

Completed Legislative Action
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: Passed on May 12 2010 - 100% progression
Action: 2010-05-12 - Act No. 151

Summary

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA REDUCTION OF RECIDIVISM ACT OF 2010" SO AS TO PROVIDE LAW ENFORCEMENT OFFICERS WITH THE STATUTORY AUTHORITY TO REDUCE RECIDIVISM RATES, APPREHEND CRIMINALS AND PROTECT POTENTIAL VICTIMS FROM CRIMINAL ENTERPRISES BY AUTHORIZING WARRANTLESS SEARCHES AND SEIZURES OF PROBATIONERS AND PAROLEES; TO AMEND SECTION 63-19-1820, RELATING TO THE BOARD OF JUVENILE PAROLE, SO AS TO PROVIDE THAT BEFORE A JUVENILE MAY BE CONDITIONALLY RELEASED, THE JUVENILE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 63-19-1850, RELATING TO CONDITIONAL RELEASE, SO AS TO PROVIDE THAT BEFORE A JUVENILE MAY BE CONDITIONALLY RELEASED, THE JUVENILE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-19-110, RELATING TO THE PROCEDURE FOR CONDITIONAL RELEASE OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT BEFORE A YOUTHFUL OFFENDER MAY BE CONDITIONALLY RELEASED, THE YOUTHFUL OFFENDER MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-13-710, RELATING TO THE GUIDELINES, ELIGIBILITY CRITERIA, AND IMPLEMENTATION OF A SUPERVISED FURLOUGH PROGRAM, SO AS TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON SUPERVISED FURLOUGH, THE INMATE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-13-720, RELATING TO INMATES WHO MAY BE PLACED WITHIN CERTAIN PROGRAMS, SO AS TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON SUPERVISED FURLOUGH, THE INMATE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-13-1330, RELATING TO AN ELIGIBLE INMATE'S AGREEMENT TO TERMS AND CONDITIONS, SO AS TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON PAROLE, THE INMATE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-21-410, RELATING TO THE COURT BEING AUTHORIZED TO SUSPEND IMPOSITION OF SENTENCE FOR PROBATION AFTER CONVICTION, SO AS TO PROVIDE THAT BEFORE A DEFENDANT MAY BE PLACED ON PROBATION, THE DEFENDANT MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT BASED ON REASONABLE SUSPICIONS; TO AMEND SECTION 24-21-430, RELATING TO THE CONDITIONS OF PROBATION, SO AS TO PROVIDE THAT THE CONDITIONS IMPOSED MUST INCLUDE THE REQUIREMENT THAT THE PROBATIONER MUST PERMIT SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT BASED ON REASONABLE SUSPICIONS; TO AMEND SECTION 24-21-560, RELATING TO COMMUNITY SUPERVISION PROGRAMS, SO AS TO PROVIDE THAT THE CONDITIONS OF PARTICIPATION MUST INCLUDE THE REQUIREMENT THAT THE OFFENDER MUST PERMIT SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT; TO AMEND SECTION 24-21-640, RELATING TO THE CIRCUMSTANCES WARRANTING PAROLE, SO AS TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON PAROLE, THE INMATE MUST AGREE TO SEARCH AND SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; AND TO AMEND SECTION 24-21-645, RELATING TO THE ORDER AUTHORIZING PAROLE, SO AS TO PROVIDE THAT THE CONDITIONS OF PAROLE MUST INCLUDE THE REQUIREMENT THAT THE PAROLEE MUST PERMIT SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE. - ratified title

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Title

Provide That The Conditions Of Parole Must Include The Requirement That The Parolee Must Permit Search Or Seizure With Or Without A Search Warrant And With Or Without Cause. - Ratified Title

Sponsors


History

DateChamberAction
2010-05-12 Act No. 151
2010-05-06 Effective date 04/28/10
2010-04-28 Veto overridden Yeas-74 Nays-37 HJ-49
2010-04-27 Debate adjourned on motion to reconsider the vote whereby the Governor's veto was sustained HJ-72
2010-04-21 Debate adjourned on motion to reconsider the vote whereby the Governor's veto was sustained until April 27, 2010 HJ-21
2010-04-20 Debate adjourned on motion to reconsider the vote whereby the Governor's veto was sustained HJ-76
2010-04-20 Veto sustained Yeas-58 Nays-53 HJ-73
2010-04-14 Veto overridden by originating body Yeas-36 Nays-7 SJ-104
2010-03-31 Vetoed by Governor
2010-03-25 Ratified R 140
2010-03-23 Concurred in House amendment and enrolled SJ-12
2010-02-25 Read third time and returned to Senate with amendments HJ-29
2010-02-24 Roll call Yeas-81 Nays-26 HJ-97
2010-02-24 Read second time HJ-97
2010-02-24 Amended HJ-30
2010-02-17 Debate adjourned until Tuesday, February 23, 2010 HJ-202
2010-02-16 Requests for debate-Rep(s). Kelly, Littlejohn, Skelton, Hiott, R Brown, Cole, Parker, Forrester, Millwood, Cato, Wylie, Bedingfield, GR Smith, Sellers, Duncan, MA Pitts, Clyburn, Crawford, and Daning HJ-34
2010-02-04 Committee report: Favorable with amendment Judiciary HJ-5
2009-02-26 Referred to Committee on Judiciary HJ-117
2009-02-26 Introduced and read first time HJ-115
2009-02-26 Read third time and sent to House SJ-6
2009-02-25 Amended SJ-33
2009-02-24 Read second time SJ-16
2009-02-24 Amended SJ-16
2009-01-28 Committee report: Favorable Judiciary SJ-15
2009-01-13 Referred to Committee on Judiciary SJ-158
2009-01-13 Introduced and read first time SJ-158
2008-12-17 Referred to Committee on Judiciary
2008-12-17 Prefiled

Code Citations

ChapterArticleSectionCitation TypeStatute Text
2078305(n/a)See Bill Text
2078320(n/a)See Bill Text
24131330(n/a)See Bill Text
2413710(n/a)See Bill Text
2413720(n/a)See Bill Text
2419110(n/a)See Bill Text
2421410(n/a)See Bill Text
2421430(n/a)See Bill Text
2421560(n/a)See Bill Text
2421640(n/a)See Bill Text
2421645(n/a)See Bill Text
63191820(n/a)See Bill Text
63191850(n/a)See Bill Text

South Carolina State Sources


Bill Comments

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