Bill Text: SC H4577 | 2011-2012 | 119th General Assembly | Introduced


Bill Title: Alterations of court orders relating to restitution

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-11 - Referred to Committee on Judiciary [H4577 Detail]

Download: South_Carolina-2011-H4577-Introduced.html


A BILL

TO AMEND SECTION 17-25-326, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION, MODIFICATION, OR RESCISSION OF A COURT ORDER, SO AS TO PROVIDE THAT BEFORE A COURT ORDER THAT GRANTS A VICTIM RESTITUTION MAY BE ALTERED, MODIFIED, OR RESCINDED, THE VICTIM MUST APPROVE THE ALTERATION, MODIFICATION, OR RESCISSION.

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

SECTION    1.    Section 17-25-326 of the 1976 Code is amended to read:

"Section 17-25-326.    Any (A)    A court order issued pursuant to the provisions of this article may be altered, modified, or rescinded upon the filing of a petition by the defendant, Attorney General, solicitor, or the victim for good and sufficient cause shown by a preponderance of the evidence.

(B)    Before a court order that grants a victim restitution may be altered, modified, or rescinded, the victim must approve the alteration, modification, or rescission."

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

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