Bill Text: SC H3228 | 2019-2020 | 123rd General Assembly | Introduced

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Bill Title: Immunity from prosecution

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-01-08 - Referred to Committee on Judiciary [H3228 Detail]

Download: South_Carolina-2019-H3228-Introduced.html

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A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-460 SO AS TO PROVIDE THAT AN ORDER CONCERNING IMMUNITY FROM PROSECUTION PURSUANT TO THE PROTECTION OF PERSONS AND PROPERTY ACT IS IMMEDIATELY APPEALABLE AND TO PROVIDE THAT A DEFENDANT WHO DOES NOT APPEAL THE ORDER IMMEDIATELY MAY APPEAL THE DENIAL AFTER CONVICTION AND SENTENCING.

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

SECTION    1.    Article 6, Chapter 11, Title 16 of the 1976 Code is amended by adding:

"Section 16-11-460.    An order concerning a defendant's motion for immunity from prosecution pursuant to the provisions of this article is immediately appealable. A defendant who does not immediately appeal an order denying a request for immunity has nevertheless preserved the issue for appeal after conviction and sentencing."

SECTION    2.    This act takes effect upon approval by the Governor.