COMMITTEE REPORT
March 12, 2014
S. 887
S. Printed 3/12/14--S.
Read the first time January 14, 2014.
To whom was referred a Bill (S. 887) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
Majority favorable. Minority unfavorable.
GEORGE E. CAMPSEN III C. BRADLEY HUTTO
For Majority. GERALD MALLOY
For Minority.
EXPLANATION OF IMPACT:
Judicial Department
Office of the Attorney General
The agencies indicate this bill will have a minimal impact on the General Fund of the State which that agency can absorb at their current level of funding.
South Carolina Commission on Prosecution Coordination:
There is no fiscal impact to the General Fund of this State. This bill only requires that a court hold a hearing before altering a defendant's sentence which would just be part of the court's regular workload.
Approved By:
Brenda Hart
Office of State Budget
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 A COURT SHALL NOT ALTER, MODIFY, OR RESCIND A DEFENDANT'S CRIMINAL SENTENCE, UNLESS THE COURT HAS HELD A HEARING ALLOWING THE DEFENDANT, ATTORNEY GENERAL OR SOLICITOR, AND THE VICTIM TO TESTIFY REGARDING THE DECISION TO ALTER, MODIFY, OR RESCIND THE SENTENCE.
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. (A) Any A court order issued pursuant to the provisions of this article may be altered, modified, or rescinded upon the filing of a petition by the defendant, Attorney General, solicitor, or the victim for good and sufficient cause shown by a preponderance of the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) A court shall not alter, modify, or rescind a defendant's criminal sentence, unless the court has held a hearing allowing the defendant, Attorney General or solicitor, and the victim to testify regarding the decision to alter, modify, or rescind the sentence. A court may deny a petition to alter, modify, or rescind a defendant's criminal sentence without a hearing."
SECTION 2. This act takes effect upon approval by the Governor.