TO AMEND ARTICLE 6, CHAPTER 11, TITLE 16 OF THE 1976 CODE, RELATING TO THE PROTECTION OF PERSONS AND PROPERTY ACT; BY ADDING SECTION 16-11-460 TO PROVIDE THAT AN ORDER CONCERNING IMMUNITY FROM PROSECUTION UNDER THE ARTICLE 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 under 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.