AMENDED

March 20, 2012

H. 4603

Introduced by Reps. Rutherford and McCoy

S. Printed 3/20/12--H.

Read the first time January 17, 2012.

            

A BILL

TO AMEND SECTION 17-22-50, AS AMENDED, AND SECTION 17-22-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE CONSIDERED FOR PARTICIPATION IN A PRETRIAL INTERVENTION PROGRAM AND PROGRAM ELIGIBILITY, RESPECTIVELY, BOTH SO AS TO ALLOW A PERSON TO PARTICIPATE IN A PROGRAM MORE THAN ONCE WITH THE SOLICITOR'S CONSENT.

Amend Title To Conform

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

SECTION    1.    Section 17-22-50 of the 1976 Code, as last amended by Act 201 of 2008, is further amended to read:

"Section 17-22-50.    (A)    A person must not be considered for intervention if:

(1)    he previously has been accepted into an intervention program unless the solicitor, in his discretion, consents to allow the offender to participate in a pretrial intervention program more than once; or

(2)    he has previously been accepted into a pretrial intervention program for an offense contained in Chapter 25, Title 16; or

(3)    the person is charged with:

(a)    blackmail;

(b)    driving under the influence or driving with an unlawful alcohol concentration;

(c)    a traffic-related offense which is punishable only by fine or loss of points;

(d)    a fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1020;

(e)    a crime of violence as defined in Section 16-1-60; or

(f)    an offense contained in Chapter 25 of Title 16 if the offender has been convicted previously of a violation of that chapter or a similar offense in another jurisdiction.

(B)    However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge."

SECTION    2.    Section 17-22-60 of the 1976 Code is amended to read:

"Section 17-22-60.        Intervention is appropriate only where:

(1)    there is substantial likelihood that justice will be served if the offender is placed in an intervention program;

(2)    it is determined that the needs of the offender and the State can better be met outside the traditional criminal justice process;

(3)    it is apparent that the offender poses no threat to the community;

(4)    it appears that the offender is unlikely to be involved in further criminal activity;

(5)    the offender, in those cases where it is required, is likely to respond quickly to rehabilitative treatment;

(6)    the offender has no significant history of prior delinquency or criminal activity;

(7)    the offender has not previously been accepted in a pretrial intervention program unless the solicitor, in his discretion, consents to allow the offender to participate in a pretrial intervention program more than once;

(8)    the offender has not previously been accepted into a pretrial intervention program for an offense contained in Chapter 25, Title 16."

SECTION    3.    This act takes effect upon approval by the Governor.