Bill Text: SC S0029 | 2011-2012 | 119th General Assembly | Introduced

South Carolina Senate Bill 29 (Prior Session Legislation)

Introduced

Bill Title: Probation

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2012-01-12 - Referred to Subcommittee: Malloy (ch), Ford, Knotts, Campsen [S0029 Detail]

Download: South_Carolina-2011-S0029-Introduced.html

A BILL

TO AMEND SECTION 24-21-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF A DEFENDANT ON PROBATION, SO AS TO PROVIDE THAT IF THE DEFENDANT IS CONVICTED OF OR PLEADS GUILTY TO AN OFFENSE INVOLVING A VIOLENT ACT AGAINST A PERSON OR THE TAKING OF PROPERTY FROM A PERSON, AND THE DEFENDANT IS PLACED ON PROBATION, THE DEFENDANT MAY NOT BE PLACED ON PROBATION FOR ANY SUBSEQUENT OFFENSE.

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

SECTION 1. Section 24-21-410 of the 1976 Code is amended to read:

"Section 24-21-410 (A) After conviction or plea for any offense, except a crime punishable by death, or life imprisonment, or as provided for in subsection (B), the judge of a court of record with criminal jurisdiction at the time of sentence may suspend the imposition or the execution of a sentence and place the defendant on probation or may impose a fine and also place the defendant on probation. Probation is a form of clemency.

(B) If the defendant is convicted of or pleads guilty to an offense involving a violent act against a person or the taking of property from a person, and the defendant is placed on probation, the defendant may not be placed on probation for any subsequent offense."

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