S.C. Code Ann. § 17-7-100 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-100
SECTION 17-7-100. Mode of summoning a jury.
Status: in_force

When the coroner upon the required preliminary examination shall determine that a formal inquest shall be held he shall make out his warrant directed to all or any of the constables of his county or to the sheriff of his county, requiring them or any of them forthwith to summon a jury of fourteen men of the county within a radius of ten miles to appear before him at the time and place specified in the warrant.
S.C. Code Ann. § 17-13-142 — SC Code / Title 17 / Chapter 13 / Section 17-13-142
SECTION 17-13-142. Electronic communications; warrants, orders, and subpoenas.
Status: in_force

(A) This section specifically authorizes a court of competent jurisdiction in this State, as defined by 18 U.S.C. Section 2711, to issue appropriate orders pursuant to the requirements and procedures of 18 U.S.C. Section 2703(d) for production of stored wire, digital, or electronic transactional records or subscriber information. These orders have statewide application and application to the extent provided by federal law. (B) This section specifically authorizes a court of competent jurisdiction in this State, as defined by 18 U.S.C. Section 2711, to issue search warrants pursuant to the procedures established by Section 17-13-140, notwithstanding any jurisdictional limitations contained in that section, for production of stored wire, digital, or electronic communications and transactional records pertaining to them. Search warrants have statewide application to the extent provided by federal law. (C) The Attorney General may issue a subpoena to an electronic communication service or remote computing service to compel disclosure or production of any stored subscriber or customer information pursuant to 18 U.S.C. Section 2703(c)(2). A subpoena may only be issued under the authority provided for in this section and must demonstrate specific and articulable facts that there are reasonable grounds to believe the information is relevant and material to an ongoing criminal investigation conducted by the Internet Crimes Against Children Task Force of the Attorney General's Office. Subpoenas may not be issued under this section to the extent the subpoena is authorized under other federal or state statutes. (D) Nothing herein expands the obligations of electronic communications service providers.
S.C. Code Ann. § 17-25-45 — SC Code / Title 17 / Chapter 25 / Article 1 / Section 17-25-45
SECTION 17-25-45. Life sentence for person convicted for certain crimes.
Status: repealed

(A) Notwithstanding any other provision of law, except in cases in which the death penalty is imposed, upon a conviction for a most serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has either: (1) one or more prior convictions for: (a) a most serious offense; or (b) a federal or out-of-state conviction for an offense that would be classified as a most serious offense under this section; or (2) two or more prior convictions for: (a) a serious offense; or (b) a federal or out-of-state conviction for an offense that would be classified as a serious offense under this section. (B) Notwithstanding any other provision of law, except in cases in which the death penalty is imposed, upon a conviction for a serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has two or more prior convictions for: (1) a serious offense; (2) a most serious offense; (3) a federal or out-of-state offense that would be classified as a serious offense or most serious offense under this section; or (4) any combination of the offenses listed in items (1), (2), and (3) above. (C) As used in this section: (1) "Most serious offense" means: (2) "Serious offense" means: (a) any offense which is punishable by a maximum term of imprisonment for thirty years or more which is not referenced in subsection (C)(1); (b) those felonies enumerated as follows: (c) the offenses enumerated below: (3) "Conviction" means any conviction, guilty plea, or plea of nolo contendere. (D) Except as provided in this subsection or subsection (E), no person sentenced pursuant to this section shall be eligible for early release or discharge in any form, whether by parole, work release, release to ameliorate prison overcrowding, or any other early release program, nor shall they be eligible for earned work credits, education credits, good conduct credits, or any similar program for early release. A person is eligible for work release if the person is sentenced for voluntary manslaughter (Section 16-3-50), kidnapping (Section 16-3-910), carjacking (Section 16-3-1075), burglary in the second degree (Section 16-11-312(B)), armed robbery (Section 16-11-330(A)), or attempted armed robbery (Section 16-11-330(B)), the crime did not involve any criminal sexual conduct or an additional violent crime as defined in Section 16-1-60, and the person is within three years of release from imprisonment. (E) For the purpose of this section only, a person sentenced pursuant to this section may be paroled if: (1) the Department of Corrections requests the Department of Probation, Parole and Pardon Services to consider the person for parole; and (2) the Department of Probation, Parole and Pardon Services determines that due to the person's health or age he is no longer a threat to society; and (a) the person has served at least thirty years of the sentence imposed pursuant to this section and has reached at least sixty-five years of age; or (b) the person has served at least twenty years of the sentence imposed pursuant to this section and has reached at least seventy years of age; or (c) the person is afflicted with a terminal illness where life expectancy is one year or less; or (d) the person can produce evidence comprising the most extraordinary circumstances. (F) For the purpose of determining a prior or previous conviction under this section and Section 17-25-50, a prior or previous conviction shall mean the defendant has been convicted of a most serious or serious offense, as may be applicable, on a separate occasion, prior to the instant adjudication. There is no requirement that the sentence for the prior or previous conviction must have been served or completed before a sentence of life without parole can be imposed under this section. (G) The decision to invoke sentencing under this section is in the discretion of the solicitor. (H) Where the solicitor is required to seek or determines to seek sentencing of a defendant under this section, written notice must be given by the solicitor to the defendant and defendant's counsel not less than ten days before trial. Code Commissioner's Note Section 16-11-540, referenced in subsection (C)(1), was repealed by 2000 Act No. 237. Section 16-3-220, referenced in subsection (C)(2)(b), and Section 16-3-620, referenced in subsection (C)(1), were repealed by 2010 Act No. 273. Editor's Note 2010 Act No. 273, SECTION 7.C, provides: "Wherever in the 1976 Code of Laws reference is made to the common law offense of assault and battery of a high and aggravated nature, it means assault and battery with intent to kill, as contained in repealed Section 16-3-620, and, except for references in Section 16-1-60 and Section 17-25-45, wherever in the 1976 Code reference is made to assault and battery with intent to kill, it means attempted murder as defined in Section 16-3-29." Effect of Amendment 2015 Act No. 7, SECTION 6.C, in (C)(1), substituted "16-3-2020" for 16-3-930". 2015 Act No. 58, SECTION 7, in (C)(2)(b), added 16-25-20(B), domestic violence, first degree, and 16-25-65, domestic violence of a high and aggravated nature.
S.C. Code Ann. § 17-3-550 — SC Code / Title 17 / Chapter 3 / Article 5 / Section 17-3-550
SECTION 17-3-550. Funding.
Status: in_force

No county may appropriate funds for public defender operations in a fiscal year below the amount it funded in the immediate previous fiscal year.
S.C. Code Ann. § 17-22-100 — SC Code / Title 17 / Chapter 22 / Article 1 / Section 17-22-100
SECTION 17-22-100. Time for application to intervention program.
Status: in_force

An offender must make application to an intervention program or to the chief administrative judge of the court of general sessions no later than seventy-five days after service of the warrant or within ten days following appointment of counsel for the charge for which he makes the application. However, in the discretion of the solicitor or the chief administrative judge of the court of general sessions, if application is made directly to the judge, the provisions of this section may be waived. Applications received by the chief administrative judge of the court of general sessions under this section may be preliminarily approved by the judge pending a determination by the pretrial office that the offender is eligible to participate in a pretrial program pursuant to Sections 17-22-50 and 17-22-60. Applications received by the chief administrative judge of the court of general sessions and information obtained pursuant to Section 17-22-70 must be forwarded to the pretrial office.
S.C. Code Ann. § 17-7-175 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-175
SECTION 17-7-175. Coroner's power to issue subpoena duces tecum.
Status: in_force

In addition to the authority contained in Section 17-7-170, a coroner also may issue subpoenas duces tecum to compel individuals to produce copies of documents or other materials which are relevant to a death investigation. Any law enforcement officer with appropriate jurisdiction is empowered to serve these subpoenas and receive copies of documents and other materials for return to the coroner. In the alternative, the coroner may require the individual subpoenaed to appear at the inquest or proceeding in order to produce copies of the documents or materials subpoenaed. Reasonable costs incurred to comply with this section must be paid by the county. Any person violating a subpoena duces tecum issued pursuant to this section may be punished for contempt as provided by Section 17-7-190.
S.C. Code Ann. § 17-7-340 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-340
SECTION 17-7-340. Compensation and mileage allowed coroner's jurors.
Status: in_force

For his services as such, each coroner's juror sworn shall, except as otherwise herein provided, be allowed mileage, as all jurors in the circuit courts, and a per diem of fifty cents to be paid on certificate of the coroner or magistrate holding the inquest as jurors in the circuit courts are paid.
S.C. Code Ann. § 17-23-30 — SC Code / Title 17 / Chapter 23 / Section 17-23-30
SECTION 17-23-30. Permitting second indictment and trial for same offense.
Status: in_force

If a person on his trial be acquitted upon the ground of a variance between the indictment and the proof or upon an exception to the form or substance of the indictment he may be arraigned again on a new indictment and tried and convicted for the same offense, notwithstanding such former acquittal.
S.C. Code Ann. § 17-25-50 — SC Code / Title 17 / Chapter 25 / Article 1 / Section 17-25-50
SECTION 17-25-50. Considering closely connected offenses as one offense.
Status: in_force

In determining the number of offenses for the purpose of imposition of sentence, the court shall treat as one offense any number of offenses which have been committed at times so closely connected in point of time that they may be considered as one offense, notwithstanding under the law they constitute separate and distinct offenses.
S.C. Code Ann. § 17-5-555 — SC Code / Title 17 / Chapter 5 / Article 7 / Section 17-5-555
SECTION 17-5-555. Reporting certain deaths of vulnerable adults.
Status: in_force

(A) The coroner or medical examiner, within twenty- four hours or one working day, whichever occurs first, must notify the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division or appropriate law enforcement when a vulnerable adult dies in the county he serves: (1) as a result of violence, when unattended by a physician, and in any suspicious or unusual manner; or (2) when the death is unexpected and unexplained. (B) If the home or premises last inhabited by a vulnerable adult is not the scene of the death of the vulnerable adult, the coroner or medical examiner, while conducting an investigation of the death, may petition the local magistrate of the appropriate judicial circuit for a warrant to inspect the home or premises inhabited by the deceased before death. The local magistrate must issue the inspection warrant upon probable cause to believe that events in the home or premises may have contributed to the death of the vulnerable adult. (C) For purposes of this section: (1) "vulnerable adult" has the same meaning as defined in Section 43-35-10(11); (2) a vulnerable adult is not considered to be "unattended by a physician" when a physician has, before death, provided diagnosis and treatment following a fatal injury; (3) "unexpected death" includes all vulnerable adult deaths that, before investigation, appear possibly to have been caused by trauma, suspicious, or obscure circumstances, or abuse or neglect.
S.C. Code Ann. § 17-23-110 — SC Code / Title 17 / Chapter 23 / Section 17-23-110
SECTION 17-23-110. Circuit courts may grant new trials.
Status: in_force

All the circuit courts of this State shall have power to grant new trials in cases in which there has been a trial by jury for reasons for which new trials have usually been granted in the courts of law of the United States.
S.C. Code Ann. § 17-22-140 — SC Code / Title 17 / Chapter 22 / Article 1 / Section 17-22-140
SECTION 17-22-140. Restitution to victim.
Status: in_force

Prior to the completion of the pretrial intervention program the offender shall make restitution, as determined by the solicitor, to the victim, if any.
S.C. Code Ann. § 17-7-10 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-10
SECTION 17-7-10. Coroners or solicitors shall order autopsies; autopsy to be ordered upon death of persons in penal institutions.
Status: in_force

The coroner of the county in which a body is found dead or the solicitor of the judicial circuit in which the county lies shall order an autopsy or post-mortem examination to be conducted to ascertain the cause of death. If any person dies while detained, incarcerated, or under the jurisdiction of a municipal, county, or regional holdover facility, holding cell, overnight lockup or jail, a county or regional prison camp, or a state correctional facility, the coroner of the county in which the death occurs or, should that be unknown, the county in which the institution is located shall order an autopsy immediately upon notification of the death. However, if the official in charge of the institution is unable to arrange an autopsy within the State of South Carolina, he shall provide the coroner with an affidavit attesting to this inability. In this event, the coroner shall consult with the physician who pronounced death, and, if not the same, with any other physician who is known to have treated the person within twelve months prior to his death. If the deceased person had a previously diagnosed contagious, terminal illness or condition which is considered to be the reason for death, written confirmation must be obtained from at least two physicians who attended him prior to his death, and at least one of these physicians may not have been employed by or under contract with the institution or agency which was responsible for custody of the deceased person. The coroner may then determine that an autopsy is not required, and shall so certify in writing. Nevertheless, if the coroner decides that an autopsy is appropriate, he may order that one be arranged outside the State of South Carolina. Documentation of the death, the circumstances surrounding it, and all subsequent actions and decisions regarding the autopsy must be filed with the Jail and Prison Inspection Division of the Department of Corrections according to Section 24-9-35.
S.C. Code Ann. § 17-13-50 — SC Code / Title 17 / Chapter 13 / Section 17-13-50
SECTION 17-13-50. Right to be informed of ground of arrest; consequences of refusal to answer or false answer.
Status: in_force

(A) A person arrested by virtue of process or taken into custody by an officer in this State has a right to know from the officer who arrests or claims to detain him the true ground on which the arrest is made. It is unlawful for an officer to: (1) refuse to answer a question relative to the reason for the arrest; (2) answer the question untruly; (3) assign to the person arrested an untrue reason for the arrest; or (4) neglect on request to exhibit to the person arrested or any other person acting in his behalf the precept by virtue of which the arrest is made. (B) An officer who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.
S.C. Code Ann. § 17-25-20 — SC Code / Title 17 / Chapter 25 / Article 1 / Section 17-25-20
SECTION 17-25-20. Punishment for felony when not specially provided.
Status: in_force

When no special punishment is provided for a felony, it shall, at the discretion of the court, be by one or more of the following modes, to wit: Confinement in the Penitentiary or in a workhouse or penal farm, when such institutions shall exist, for a period of not less than three months nor more than ten years, with such imposition of hard labor and solitary confinement as may be directed.
S.C. Code Ann. § 17-25-320 — SC Code / Title 17 / Chapter 25 / Article 3 / Section 17-25-320
SECTION 17-25-320. Enforcement of sentence and judgment against corporations.
Status: in_force

The sentence and judgment of the court of general sessions in a criminal case against a corporation shall be enforced in the same manner by execution against the property of the defendant as is provided by law for enforcing the judgments of the courts of common pleas in civil actions.
S.C. Code Ann. § 17-5-5 — SC Code / Title 17 / Chapter 5 / Article 1 / Section 17-5-5
SECTION 17-5-5. Definitions.
Status: in_force

As used in this chapter: (1) "Autopsy" means the dissection of a dead body and the removal and examination of bone, tissue, organs, and foreign objects for the purpose of determining the cause of death and manner of death. (2) "Cause of death" refers to the agent that has directly or indirectly resulted in a death. (3) "Coroner" means the person elected or serving as the county coroner pursuant to Section 24 of Article V of the South Carolina Constitution, 1895, this chapter, and Chapter 7 of Title 17. (4) "Medical examiner" means the licensed physician or pathologist designated by the county medical examiner's commission pursuant to Article 5 of this chapter for the purpose of performing post-mortem examinations, autopsies, and examinations of other forms of evidence required by this chapter. (5) "Deputy coroner" means a person appointed pursuant to Section 17-5-70. (6) "Deputy medical examiner" means a licensed physician employed by the medical examiner, with the approval of the commission, to perform post-mortem examinations, autopsies, and examinations of other forms of evidence as required by this chapter. (7) "Inquest" means an official judicial inquiry before a coroner and coroner's jury for the purpose of determining the manner of death. (8) "Laboratory" means a laboratory containing facilities for the scientific detection and identification of physical evidence connected with crimes and causes of death and other examinations of tissue, chemical substances, and gases that contribute to the health and well-being of all people. (9) "Manner of death" refers to the means or fatal agency that caused a death. Manner of death is classified in one of the five following categories: A. natural, B. accident, C. homicide, D. suicide, and E. undetermined. (10) "Peace officer in charge" means members of the county, city, or town policemen, county, city, or town detectives, South Carolina Highway Patrol, or South Carolina Law Enforcement Division who may be in charge of the investigation of any case involving a death covered by this chapter. (11) "Post-mortem examination" means examination after death and includes an examination of the dead body and surroundings by the medical examiner but does not include dissection of the body for any purpose.
S.C. Code Ann. § 17-15-10 — SC Code / Title 17 / Chapter 15 / Section 17-15-10
SECTION 17-15-10. Person charged with noncapital offense may be released on his own recognizance; conditions of release; bond hearing for burglary charges.
Status: in_force

(A) A person charged with a noncapital offense triable in either the magistrates, county or circuit court, shall, at his appearance before any of such courts, be ordered released pending trial on his own recognizance without surety in an amount specified by the court, unless the court determines in its discretion that such a release will not reasonably assure the appearance of the person as required, or unreasonable danger to the community or an individual will result. If such a determination is made by the court, it may impose any one or more of the following conditions of release: (1) require the execution of an appearance bond in a specified amount with good and sufficient surety or sureties approved by the court; (2) place the person in the custody of a designated person or organization agreeing to supervise him; (3) place restrictions on the travel, association, or place of abode of the person during the period of release; (4) impose any other conditions deemed reasonably necessary to assure appearance as required, including a condition that the person return to custody after specified hours. (B) A person charged with the offense of burglary in the first degree pursuant to Section 16-11-311 may have his bond hearing for that charge in summary court unless the solicitor objects. Effect of Amendment 2015 Act No. 58, SECTION 12, in (A), inserted "or an individual", and in (B), substituted "A person" for "Any person".
S.C. Code Ann. § 17-17-150 — SC Code / Title 17 / Chapter 17 / Section 17-17-150
SECTION 17-17-150. Person discharged shall not be rearrested or committed for same offense.
Status: in_force

No person who shall be delivered or set at large upon any writ of habeas corpus shall, at any time, be again imprisoned or committed for the same offense by any person whatsoever, other than by the legal order and process of such court wherein he shall be bound by recognizance to appear or other court having jurisdiction of the cause. If any other person shall knowingly, contrary to this chapter, recommit or imprison or knowingly procure or cause to be recommitted or imprisoned for the same offense or pretended offense any person delivered or set at large, as aforesaid, or be knowingly aiding or assisting therein, then he shall forfeit to the prisoner or person grieved the sum of two thousand five hundred dollars, any colorable pretense or variation in the warrant of commitment notwithstanding, to be recovered as provided in SECTION 17-17-180.
S.C. Code Ann. § 17-13-130 — SC Code / Title 17 / Chapter 13 / Section 17-13-130
SECTION 17-13-130. Penalty for signing warrant for illegal removal of prisoner.
Status: in_force

If any person shall, after such commitment aforesaid, make out and sign or countersign any warrant for such removal aforesaid, contrary to the provisions of this chapter or Chapter 17 of this Title, as well he that makes or signs or countersigns such warrant as the officer that obeys or executes it shall suffer and incur the pains and forfeitures mentioned in SECTIONS 17-17-150 and 17-17-170.
S.C. Code Ann. § 17-27-90 — SC Code / Title 17 / Chapter 27 / Section 17-27-90
SECTION 17-27-90. Grounds for relief.
Status: in_force

All grounds for relief available to an applicant under this chapter must be raised in his original, supplemental or amended application. Any ground finally adjudicated or not so raised, or knowingly, voluntarily and intelligently waived in the proceeding that resulted in the conviction or sentence or in any other proceeding the applicant has taken to secure relief, may not be the basis for a subsequent application, unless the court finds a ground for relief asserted which for sufficient reason was not asserted or was inadequately raised in the original, supplemental or amended application.
S.C. Code Ann. § 17-3-310 — SC Code / Title 17 / Chapter 3 / Article 3 / Section 17-3-310
SECTION 17-3-310. Commission created; appointment of members; terms; powers and duties.
Status: in_force

(A) There is created the Commission on Indigent Defense consisting of thirteen members. (B) Nine members shall be appointed by the Governor as follows: (1) One member from each of the four judicial regions of the State appointed upon recommendation of the South Carolina Public Defender Association. Members shall serve for terms of four years and until their successors are appointed and qualify. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. A person may not be appointed to the commission pursuant to the provisions of this item or, once appointed pursuant to the provisions of this item, may not continue to serve on the commission unless the person is a public defender. (2) A member of the South Carolina Bar whose practice is principally in family law, appointed upon recommendation by the South Carolina Bar membership for a term of two years and who may be reappointed. (3) Two members of the South Carolina Bar whose practice is principally in criminal defense law, appointed upon recommendation of the South Carolina Bar membership, who shall serve for a term of two years and may be reappointed. (4) Two members of the South Carolina Bar whose practice is principally neither criminal defense nor family law, appointed upon recommendation of the South Carolina Bar membership, who shall serve for two-year terms and who may be reappointed. (C) The remaining four members must be appointed as follows: (1) two members appointed by the Chief Justice of the South Carolina Supreme Court, one of whom must be a retired circuit court judge and one of whom must be either a retired family court judge or a retired appellate court judge, each of whom shall serve for a term of four years and until a successor is appointed and qualifies; and (2) the Chairmen of the Senate and House Judiciary Committees, or their legislative designees, for the terms for which they are elected. (D) The chairman must be elected by the commission from its membership and shall serve for a term of two years. A chairman may be re-elected. (E) Members currently serving as of July 1, 2005, shall continue to serve until the expiration of their term and may be reappointed as provided in subsection (B)(1). (F) The commission may adopt an appropriate seal and promulgate regulations consistent with the provisions of this article to govern its operations and procedures and shall supervise the operations of the Office of Indigent Defense including all the divisions of the office. (G) The commission: (1) may establish divisions within the office to administer the services and programs as it considers necessary to fulfill the purposes of this article; (2) shall develop rules, policies, procedures, regulations, and standards as it considers necessary to carry out the provisions of the article and comply with state law or regulations and the rules of the Supreme Court, including the nature and scope of services to be provided, the clientele to be served, and the establishment of criteria to be used in the determination of indigency and qualifications for services for indigent legal representation; (3) shall cooperate and consult with state agencies, professional associations, and other groups concerning the causes of criminal conduct, the rehabilitation and correction of persons charged with and convicted of crimes, the administration of criminal justice, and the improvement and expansion of defender services; (4) shall assist the public defenders throughout the State in their efforts to provide adequate legal defense to the indigent. This assistance includes, but is not limited to: (a) the preparation and distribution of a basic defense manual and other educational materials; (b) the preparation and distribution of model forms and documents employed in indigent defense; (c) the promotion of and assistance in the training of indigent defense attorneys; (d) the provision of legal research assistance to public defenders; and (e) the provision of other assistance to public defenders as may be authorized by law; (5) shall collect, maintain, review, and publish records and statistics for the purpose of evaluating the delivery of indigent defense representation in the State; and (6) shall have the authority to negotiate and enter into contracts, as appropriate, with independent counsel for the provision of indigent defense services in cases in which a conflict of interest exists in a public defender office and in other cases in which indigent representation by independent counsel is necessary or advisable. This authority may be delegated by the commission to a circuit public defender, but is at all times subject to standards established by the commission. (7) The commission shall establish and administer the rules and procedures for selection of members to serve on the Circuit Public Defender Selection Panels, and shall establish the rules and procedures under which the selection panels shall operate.
S.C. Code Ann. § 17-15-220 — SC Code / Title 17 / Chapter 15 / Section 17-15-220
SECTION 17-15-220. Return of deposit given in lieu of bond, recognizance, or undertaking.
Status: in_force

The person so depositing a sum of money in lieu of a bond, recognizance or undertaking shall be entitled upon application to the court wherein such deposit has been made, and subject to the order under which such fund is held, to receive back such sum of money whenever the purposes for which it has been received and deposited have been accomplished and the person would have been entitled to be released without payment or further payment of any sum from all liability on the required bond, recognizance or undertaking had it been given in lieu of such deposit of money.
S.C. Code Ann. § 17-25-550 — SC Code / Title 17 / Chapter 25 / Article 5 / Section 17-25-550
SECTION 17-25-550. Failure of offender or agent to notify Office of Victim Assistance of contract or monies; civil penalty; action to recover; disposition of proceeds.
Status: in_force

(A) An offender or his representative or agent who wilfully fails to submit to the office a copy of the contract described in Section 17-25-520 or who fails to pay to the office the monies or other consideration, as required by this article, is subject to a civil penalty of not less than ten thousand dollars but not more than an amount equal to three times the contract amount for each offense. (B) If two or more individuals are subject to the penalties provided in this section, the individuals are jointly and severally liable for the payment of the penalty imposed. (C) The office may bring an action to recover a civil penalty assessed under this section in a court of competent jurisdiction within six years after the cause of action accrues. (D) Civil penalties imposed pursuant to this section must be paid to the office and used for the compensation of victims of crime.
S.C. Code Ann. § 17-5-115 — SC Code / Title 17 / Chapter 5 / Article 3 / Section 17-5-115
SECTION 17-5-115. Deputy coroners; training and law enforcement status.
Status: in_force

(A) A person appointed by a coroner to the position of deputy coroner may, at the discretion of the coroner, attend the South Carolina Criminal Justice Academy to be trained and certified as a Class III officer. (B) A law enforcement officer, as defined by Section 23-23-10(E)(1), who is certified by the South Carolina Law Enforcement Training Council and appointed to serve as a deputy coroner, may, at the discretion of the coroner, retain law enforcement status as a Class III officer. (C) The classification is limited to the deputy coroner's official duties as provided by law and does not authorize the officer to enforce the state's general criminal laws.
S.C. Code Ann. § 17-23-140 — SC Code / Title 17 / Chapter 23 / Section 17-23-140
SECTION 17-23-140. Immediate disposition of certain misdemeanors or felonies; appearance before judge and sentence.
Status: in_force

Upon the defendant's signing the waiver of presentment and the plea of guilty the clerk of court shall deliver the indictment to the sheriff or one of his duly authorized deputies whose duty it shall be to appear before the resident judge of the circuit or presiding judge therein at some convenient time and place, having with him the defendant. And upon the defendant's acknowledging his plea before the judge the judge shall sentence the defendant as though the indictment had been presented by the grand jury and the plea of the defendant taken at the regular term of the court of general sessions of the county in which the case arose. Provided, however, that in the event the defendant is charged with a felony, the acknowledgement by the defendant of his plea and the sentencing by the judge shall take place only in open court and shall not take place in chambers.
S.C. Code Ann. § 17-7-190 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-190
SECTION 17-7-190. Coroner may punish for contempt.
Status: in_force

Whenever any person shall wilfully disturb or impede the proceedings of a jury of inquest while inquiring into the cause of any death or shall offer any contempt to the person or authority of the coroner while so engaged the coroner may commit such person to the common jail of the county for a time not exceeding twenty-four hours. Any person who shall have been at any time duly summoned to attend and serve upon a coroner's jury who shall neglect or refuse to so attend and serve without proper excuse shall be liable to be punished for contempt and the coroner may punish such contempt by fine not exceeding twenty dollars or imprisonment not more than twenty-four hours, or both, at his discretion.
S.C. Code Ann. § 17-21-20 — SC Code / Title 17 / Chapter 21 / Section 17-21-20
SECTION 17-21-20. Venue where person causes injury in one county and death occurs in another.
Status: in_force

When any person shall be struck, wounded, poisoned or otherwise injured in one county and dies thereof in another any inquisition or indictment thereon found by jurors of either county shall be as good and effectual in law as if the stroke, wound, poisoning or other injury had been committed and done in the county in which the party shall die. And the person guilty of such striking, wounding, poisoning or other injury and every accessory thereto, either before or after the fact, shall be tried in the county in which such indictment shall be found and, if convicted, punished in the same mode, manner and form as if the deceased had suffered such striking, wounding, poisoning or other injury and death in the county in which such indictment shall be found.
S.C. Code Ann. § 17-5-240 — SC Code / Title 17 / Chapter 5 / Article 5 / Section 17-5-240
SECTION 17-5-240. Employment and duties of deputy medical examiners.
Status: in_force

In addition to those powers granted in Section 17-5-330, the medical examiner is empowered to employ with the approval of the commission qualified physicians on a full-time, part-time, or per diem basis who, as deputy medical examiners, must carry out the instructions of the medical examiner and act in his absence or disqualification. A deputy medical examiner may do and perform any or all of the duties appertaining to the office of the medical examiner.
S.C. Code Ann. § 17-28-30 — SC Code / Title 17 / Chapter 28 / Article 1 / Section 17-28-30
SECTION 17-28-30. Offenses for which post-conviction DNA testing available.
Status: repealed

(A) A person who pled not guilty to at least one of the following offenses, was subsequently convicted of or adjudicated delinquent for the offense, is currently incarcerated for the offense, and asserts he is innocent of the offense may apply for forensic DNA testing of his DNA and any physical evidence or biological material related to his conviction or adjudication: (1) murder (Section 16-3-10); (2) killing by poison (Section 16-3-30); (3) killing by stabbing or thrusting (Section 16-3-40); (4) voluntary manslaughter (Section 16-3-50); (5) homicide by child abuse (Section 16-3-85(A)(1)); (6) aiding and abetting a homicide by child abuse (Section 16-3-85(A)(2)); (7) lynching in the first degree (Section 16-3-210); (8) killing in a duel (Section 16-3-430); (9) spousal sexual battery (Section 16-3-615); (10) criminal sexual conduct in the first degree (Section 16-3-652); (11) criminal sexual conduct in the second degree (Section 16-3-653); (12) criminal sexual conduct in the third degree (Section 16-3-654); (13) criminal sexual conduct with a minor (Section 16-3-655); (14) arson in the first degree resulting in death (Section 16-11-110(A)); (15) burglary in the first degree for which the person is sentenced to ten years or more (Section 16-11-311(B)); (16) armed robbery for which the person is sentenced to ten years or more (Section 16-11-330(A)); (17) damaging or destroying a building, vehicle, or property by means of an explosive incendiary resulting in death (Section 16-11-540); (18) abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); (19) sexual misconduct with an inmate, patient, or offender (Section 44-23-1150); (20) unlawful removing or damaging of an airport facility or equipment resulting in death (Section 55-1-30 (3)); (21) interference with traffic-control devices or railroad signs or signals resulting in death (Section 56-5-1030(B)(3)); (22) driving a motor vehicle under the influence of alcohol or drugs resulting in death (Section 56-5-2945); (23) obstruction of railroad resulting in death (Section 58-17-4090); or (24) accessory before the fact (Section 16-1-40) to any offense enumerated in this subsection. (B) A person who pled guilty or nolo contendere to at least one of the offenses enumerated in subsection (A), was subsequently convicted of or adjudicated delinquent for the offense, is currently incarcerated for the offense, and asserts he is innocent of the offense may apply for forensic DNA testing of his DNA and any physical evidence or biological material related to his conviction or adjudication no later than seven years from the date of sentencing. Code Commissioner's Note Sections 16-3-30, 16-3-40, and 16-3-430, referenced in subsections (A)(2), (A)(3), and (A)(8), were repealed by 2010 Act No. 273, SECTION 22.
S.C. Code Ann. § 17-21-70 — SC Code / Title 17 / Chapter 21 / Section 17-21-70
SECTION 17-21-70. Venue in proceedings against corporations.
Status: in_force

No criminal proceeding shall be instituted against any corporation unless the offense charged or some part thereof shall have been committed in the county in which the prosecution shall be instituted.
S.C. Code Ann. § 17-13-40 — SC Code / Title 17 / Chapter 13 / Section 17-13-40
SECTION 17-13-40. Law enforcement officer jurisdiction when in pursuit of offender; authority, rights, privileges and immunities extended.
Status: in_force

(A) When the police authorities of a town or city are in pursuit of an offender for a violation of a municipal ordinance or statute of this State committed within the corporate limits, the authorities may arrest the offender, with or without a warrant, at a place within the corporate limits, at a place within the county in which the town or city is located, or at a place within a radius of three miles of the corporate limits. (B) When the police authorities of a county are in pursuit of an offender for a violation of a county ordinance or statute of this State committed within the county, the authorities may arrest the offender, with or without a warrant, at a place within the county, or at a place within an adjacent county. (C) When a law enforcement officer's jurisdiction is expanded pursuant to this section, the authority, rights, privileges, and immunities, including coverage under the workers' compensation laws, and tort liability coverage obtained pursuant to the provisions of Chapter 78, Title 15, that are applicable to an officer within the jurisdiction in which he is employed are extended to and include the expanded areas of jurisdiction granted pursuant to this section.
S.C. Code Ann. § 17-19-100 — SC Code / Title 17 / Chapter 19 / Section 17-19-100
SECTION 17-19-100. Amendments of indictments; proceedings after amendment.
Status: in_force

If (a) there be any defect in form in any indictments or (b) on the trial of any case there shall appear to be any variance between the allegations of the indictment and the evidence offered in proof thereof, the court before which the trial shall be had may amend the indictment (according to the proof, if the amendment be because of a variance) if such amendment does not change the nature of the offense charged. After such amendment the trial shall proceed in all respects and with the same consequences as if the indictment had originally been returned as so amended, unless such amendment shall operate as a surprise to the defendant, in which case the defendant shall be entitled, upon demand, to a continuance of the cause.
S.C. Code Ann. § 17-30-10 — SC Code / Title 17 / Chapter 30 / Section 17-30-10
SECTION 17-30-10. Interception of wire, electronic, or oral communications authorized.
Status: in_force

The interception of wire, electronic, or oral communications is hereby authorized only in the manner permitted by this chapter.
S.C. Code Ann. § 17-1-20 — SC Code / Title 17 / Chapter 1 / Section 17-1-20
SECTION 17-1-20. Prosecuting officer shall not accept fees or rewards, nor act in a civil case as counsel for either party.
Status: in_force

No prosecuting officer shall receive any fee or reward from or in behalf of a prosecutor for services in any prosecution or business to which it is his official business to attend, nor be concerned as counsel or attorney for either party in a civil action depending upon the same state of facts.
S.C. Code Ann. § 17-15-230 — SC Code / Title 17 / Chapter 15 / Section 17-15-230
SECTION 17-15-230. Requirement that surety company file undertaking with respect to guaranteed arrest bond certificates issued by automobile clubs; acceptance, forfeiture, and enforcement of certificates.
Status: in_force

(A)(1) A domestic or foreign surety company qualified to transact business in this State may become a surety by filing with the Department of Insurance an undertaking to become surety of not more than one thousand five hundred dollars with respect to each guaranteed arrest bond certificate issued by an automobile club or association. (2) The undertaking must be in a form to be prescribed by the department and must state the: (a) name and address of the automobile club or automobile association with respect to which the surety company undertakes to guarantee the arrest bond certificates; (b) unqualified obligation of the surety company to pay the fine or forfeiture of not more than one thousand five hundred dollars of a person who, after posting a guaranteed arrest bond certificate which the surety has undertaken to guarantee, fails to make the appearance for which the guaranteed arrest bond certificate was posted. (B)(1) A guaranteed arrest bond certificate guaranteed by a surety company pursuant to this section must be accepted in lieu of cash bail or other bond of not more than one thousand five hundred dollars as a bail bond, when signed by the person whose signature appears on the certificate, to guarantee the appearance of that person in a court in this State at the time set by the court when the person is arrested for the violation of a motor vehicle law of the State or a motor vehicle ordinance of a municipality of this State. The guaranteed arrest bond certificate does not apply to and must not be accepted in lieu of cash bail or bond when the person has been arrested for an offense of driving under the influence of intoxicating liquors or drugs or for a felony. (2) A guaranteed arrest bond certificate that is posted as a bail bond in a court is subject to the forfeiture and enforcement provisions with respect to bail bonds in criminal cases provided in this chapter.
S.C. Code Ann. § 17-23-90 — SC Code / Title 17 / Chapter 23 / Section 17-23-90
SECTION 17-23-90. Indictment and trial of persons committed for treason or felony; consequences of failure to indict.
Status: in_force

If any person committed for treason or felony, plainly and specially expressed in the warrant of commitment, upon his prayer or petition in open court the first week of the term to be brought to his trial shall not be indicted some time in the next term after such commitment, the judge of the circuit court shall, upon motion made in open court the last day of the term either by the prisoner or anyone in his behalf, set at liberty the prisoner upon bail, unless it appear to him, upon oath made, that the witnesses for the State could not be produced at the same term. And if any person committed as aforesaid, upon his prayer or petition in open court the first week of the term to be brought to his trial, shall not be indicted and tried the second term after his commitment or upon his trial shall be acquitted, he shall be discharged from his imprisonment.
S.C. Code Ann. § 17-15-160 — SC Code / Title 17 / Chapter 15 / Section 17-15-160
SECTION 17-15-160. Recognizances shall be in name of State; signing.
Status: in_force

In all recognizances by any person for keeping the peace, good behavior or appearing as a party, surety or witness at any court of criminal jurisdiction within the State the sum of money in which any such person shall be bound shall be made payable to the State and every such recognizance shall be good and effectual in law provided it be signed by every party thereto in the presence of a judge, clerk of a court of common pleas, magistrate or notary public who shall sign the recognizance as a witness.
S.C. Code Ann. § 17-17-70 — SC Code / Title 17 / Chapter 17 / Section 17-17-70
SECTION 17-17-70. Handling of prisoner after service of writ; payment of charges; return of writ.
Status: in_force

Such officer or his underofficer, underkeeper or deputy shall, within three days after the service thereof and upon: (1) Payment or tender of charges, not exceeding ten cents per mile, of bringing the prisoner, to be ascertained by the judge or court that awarded the writ and endorsed thereon; and (2) Security given by his own bond (a) to pay the charges of carrying back the prisoner, if he shall be remanded by the court or judge to which he shall be brought and (b) that he will not make any escape by the way; Make return of such writ and bring or cause to be brought the body of the person so committed or restrained unto or before the judge or court from whence the writ shall issue or unto and before such other person before whom the writ is made returnable, according to the command thereof, and shall then certify the true cause of his detainer or imprisonment; provided, however, that: (1) If any prisoner be not able to pay such charges they shall be paid by the county wherein he is confined; and (2) If such prisoner shall be acquitted of the charge against him or finally discharged on habeas corpus by the judge or court hearing the habeas corpus proceedings the expenses of the proceeding in habeas corpus shall be paid by the county in which the case is situated.
S.C. Code Ann. § 17-30-80 — SC Code / Title 17 / Chapter 30 / Section 17-30-80
SECTION 17-30-80. Application for interception order; contents; establishing allegations of fact; additional evidence; basis for entry of order.
Status: in_force

(A) Each application for an order authorizing or approving the interception of a wire, oral, or electronic communication under this chapter must be made in writing upon oath or affirmation to a judge of competent jurisdiction and must state the applicant's authority to make the application. Each application must include the following information: (1) the identity of the SLED agent making the application and the person authorizing the application; (2) a full and complete statement of the facts and circumstances relied upon by the applicant to justify his belief that an order should be issued, including: (a) details as to the particular offense that has been, is being, or is about to be committed; (b) except as otherwise provided, a particular description of the nature and location of the facilities from which or the place where the communications are to be intercepted; (c) a particular description of the type of communications sought to be intercepted; (d) the identity of the person, if known, committing the offense and whose communications are to be intercepted; (3) a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous; (4) a statement that the communications sought to be intercepted are not otherwise legally privileged; (5) a statement of the period of time for which the interception is required to be maintained and, if the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter; (6) a full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to a judge for authorization to intercept, or for approval of interceptions of, wire, oral, or electronic communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the judge on each of the applications; and (7) when the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception or a reasonable explanation of the failure to obtain the results. (B) Allegations of fact in the application may be based either upon the personal knowledge of the applicant or upon information and belief. If the applicant personally knows the facts alleged, this knowledge must be stated in the application. If the facts stated in the application are derived in whole or in part from the statements of persons other than the applicant, the sources of these facts must be either disclosed or described, and the application must contain the facts establishing the existence and reliability of the informants or the reliability of the information supplied by them. The application must also state, so far as possible, the basis of the informant's knowledge or belief. Affidavits of persons other than the applicant may be submitted in conjunction with the application if they tend to support any fact or conclusion alleged in the application. An accompanying affidavit may be based either on the personal knowledge of the affiant, or information and belief with the source of the information and the reason for belief specified. (C) The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application. Any hearing ordered by the judge regarding the application must be tape recorded. (D) Upon application, the judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire, oral, or electronic communications within the territorial jurisdiction of the court in which the judge is sitting, and outside the jurisdiction but within the State of South Carolina in the case of a mobile interception device authorized by the judge within the jurisdiction, if the judge determines on the basis of the facts submitted by the applicant that: (1) there is probable cause for belief that an individual is committing, has committed, or is about to commit an offense as provided in Section 17-30-70; (2) there is probable cause for belief that particular communications concerning that offense will be obtained through the interception; (3) normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous; and (4) except as otherwise provided, there is probable cause for belief that the facilities from which, or the place where, the wire, oral, or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of the offense, or are leased to, listed in the name of, or commonly used by that person.
S.C. Code Ann. § 17-15-260 — SC Code / Title 17 / Chapter 15 / Section 17-15-260
SECTION 17-15-260. Disposition of funds collected pursuant to chapter.
Status: in_force

The funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the State, twenty-five percent to the solicitor's office in the county in which the forfeiture is ordered, and fifty percent to the county general fund of the county in which the forfeiture is ordered. However, if the case in which forfeiture is ordered is originated by a municipality, the funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the State, twenty-five percent to the solicitor's office in the county in which the forfeiture is ordered, and twenty-five percent to the county general fund of the county in which the forfeiture is ordered and twenty-five percent to the municipality. All funds to be deposited in the state general fund shall be transmitted to the State Treasurer.
S.C. Code Ann. § 17-3-320 — SC Code / Title 17 / Chapter 3 / Article 3 / Section 17-3-320
SECTION 17-3-320. Office of Indigent Defense; executive director; appointment; duties.
Status: in_force

(A) There is created the Office of Indigent Defense under the jurisdiction of the commission. The office must be administered by an executive director appointed by the commission. The executive director may hire other administrative, clerical, and legal staff and is authorized to contract with outside consultants on behalf of the office as he considers necessary to provide the services as required pursuant to the provisions of this article. (B) The executive director shall: (1) administer and coordinate the operations of the office and all divisions within the office and supervise compliance among the circuit defender offices with rules, procedures, regulations, and standards adopted by the commission; (2) maintain proper records of all financial transactions related to the operation of the office; (3) coordinate the services of the office with any federal, county, private, or other programs established to provide assistance to indigent persons entitled to representation pursuant to the provisions of this chapter and consult with professional organizations concerning the implementation and improvement of programs for providing indigent services; (4) prepare and submit annually to the commission a proposed budget for the provision of statewide indigent defense services; and prepare and submit an annual report containing pertinent data on the operations, costs, and needs of the state's indigent defense system and other information as the commission may require; (5) coordinate in the development and implementation of rules, policies, procedures, regulations, and standards adopted by the commission to carry out the provisions of this chapter and comply with all applicable laws and standards; (6) maintain proper records of all financial transactions related to the operation of the commission; (7) apply for and accept on behalf of the commission funds that may become available from any source, including government, nonprofit, or private grants, gifts, or bequests; (8) provide for the training of attorneys and other staff involved in the legal representation of persons subject to the provisions of this chapter; (9) attend all commission meetings, except those meetings or portions of the meetings that address the question of appointment or removal of the director; (10) ensure that the expenditures of the commission are not greater than the amounts budgeted or available from other revenue sources; and (11) perform other duties as the commission assigns.
S.C. Code Ann. § 17-27-10 — SC Code / Title 17 / Chapter 27 / Section 17-27-10
SECTION 17-27-10. Short title.
Status: in_force

This chapter may be cited as the Uniform Post-Conviction Procedure Act.
S.C. Code Ann. § 17-5-550 — SC Code / Title 17 / Chapter 5 / Article 7 / Section 17-5-550
SECTION 17-5-550. Coroner or medical examiner may petition for warrant to inspect home of child whose death occurred elsewhere.
Status: in_force

If the home or premises last inhabited by a child is not the scene of the death of a child, the coroner or medical examiner, while conducting an investigation of the death, may petition the local magistrate of the appropriate judicial circuit for a warrant to inspect the home or premises inhabited by the deceased before death. The local magistrate must issue the inspection warrant upon probable cause to believe that events in the home or premises may have contributed to the death of the child.
S.C. Code Ann. § 17-25-30 — SC Code / Title 17 / Chapter 25 / Article 1 / Section 17-25-30
SECTION 17-25-30. Sentence when no punishment is provided.
Status: in_force

In cases of legal conviction when no punishment is provided by statute the court shall award such sentence as is conformable to the common usage and practice in this State, according to the nature of the offense, and not repugnant to the Constitution.
S.C. Code Ann. § 17-13-20 — SC Code / Title 17 / Chapter 13 / Section 17-13-20
SECTION 17-13-20. Additional circumstances when citizens may arrest; means to be used.
Status: in_force

A citizen may arrest a person in the nighttime by efficient means as the darkness and the probability of escape render necessary, even if the life of the person should be taken, when the person: (a) has committed a felony; (b) has entered a dwelling house without express or implied permission; (c) has broken or is breaking into an outhouse with a view to plunder; (d) has in his possession stolen property; or (e) being under circumstances which raise just suspicion of his design to steal or to commit some felony, flees when he is hailed.
S.C. Code Ann. § 17-25-65 — SC Code / Title 17 / Chapter 25 / Article 1 / Section 17-25-65
SECTION 17-25-65. Reduction of sentence for substantial assistance to the State; motion practice.
Status: in_force

(A) Upon the state's motion made within one year of sentencing, the court may reduce a sentence if the defendant, after sentencing, provided: (1) substantial assistance in investigating or prosecuting another person; or (2) aid to a Department of Corrections employee or volunteer who was in danger of being seriously injured or killed. (B) Upon the state's motion made more than one year after sentencing, the court may reduce a sentence if the defendant's substantial assistance involved: (1) information not known to the defendant until one year or more after sentencing; (2) information provided by the defendant to the State within one year of sentencing, but which did not become useful to the State until more than one year after sentencing; (3) information, the usefulness of which could not reasonably have been anticipated by the defendant until more than one year after sentencing, and which was promptly provided to the State after its usefulness was reasonably apparent to the defendant; or (4) aid to a Department of Corrections employee or volunteer who was in danger of being seriously injured or killed. (C) A motion made pursuant to this provision shall be filed by that circuit solicitor in the county where the defendant's case arose. The State shall send a copy to the chief judge of the circuit within five days of filing. The chief judge or a circuit court judge currently assigned to that county shall have jurisdiction to hear and resolve the motion. Jurisdiction to resolve the motion is not limited to the original sentencing judge.
S.C. Code Ann. § 17-7-320 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-320
SECTION 17-7-320. Endorsement on return of inquisition and evidence.
Status: in_force

The coroner, before he returns such inquisition and evidence, shall endorse them in this form:
S.C. Code Ann. § 17-3-20 — SC Code / Title 17 / Chapter 3 / Article 1 / Section 17-3-20
SECTION 17-3-20. Appointment of counsel for indigents charged with murder; compensation.
Status: in_force

In the event any person who shall be charged with murder shall, after investigation by the court, be determined to be unable financially to retain adequate legal counsel, the court shall appoint such qualified and experienced counsel to defend such defendant in the trial of the action. Such appointed counsel shall be paid such fee and costs as the court shall deem appropriate.
S.C. Code Ann. § 17-7-210 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-210
SECTION 17-7-210. Supplying places of absent jurors.
Status: in_force

If all or any part of the jurors shall fail to reappear at the day and place to which they were adjourned the coroner shall issue his warrant to supply the places of the absent jury or of so many of the jurors absent as may be necessary. And the jurors last summoned shall be sworn and charged as those first summoned were and shall have the same power and be liable to the same penalties.
S.C. Code Ann. § 17-27-130 — SC Code / Title 17 / Chapter 27 / Section 17-27-130
SECTION 17-27-130. Waiver of attorney-client privilege by allegation of ineffective prior counsel; access to files.
Status: in_force

Where a defendant alleges ineffective assistance of prior trial counsel or appellate counsel as a ground for post-conviction relief or collateral relief under any procedure, the applicant shall be deemed to have waived the attorney-client privilege with respect to both oral and written communications between counsel and the defendant, and between retained or appointed experts and the defendant, to the extent necessary for prior counsel to respond to the allegation. This waiver of the attorney-client privilege shall be deemed automatic upon the filing of the allegation alleging ineffective assistance of prior counsel and the court need not enter an order waiving the privilege. Thereafter, counsel alleged to have been ineffective is free to discuss and disclose any aspect of the representation with representatives of the State for purposes of defending against the allegations of ineffectiveness, to the extent necessary for prior counsel to respond to the allegation. In the case of a defendant who has been convicted of a capital offense and sentenced to death, the defendant's prior trial counsel or appellate counsel shall make available to the capital defendant's collateral counsel the complete files of the defendant's trial or appellate counsel. The capital defendant's collateral counsel may inspect and photocopy the files, but the defendant's prior trial or appellate counsel shall maintain custody of their respective files, except as to the material which is admitted into evidence in any trial proceeding. Editor's Note 1996 Act No. 448, SECTION 1, eff June 18, 1996, provides as follows: "SECTION 1. This act [consisting of SECTIONS 16-3-21, 17-25-380, 17-27-130, 17-27-150, and 17-27-160] is known and may be cited as the 'South Carolina Effective Death Penalty Act of 1996'."
S.C. Code Ann. § 17-17-130 — SC Code / Title 17 / Chapter 17 / Section 17-17-130
SECTION 17-17-130. Discharge of prisoner after hearing; recognizance in judge's discretion, appearance in the following term of court.
Status: in_force

If, upon a hearing, the prisoner shall be entitled to his discharge then the judge before whom he is brought shall within two days after the prisoner shall be brought before him discharge the prisoner from his imprisonment, taking his recognizance, with one or more surety or sureties, in any sum according to the judge's discretion, having regard to the nature of the offense, for his appearance the term following in the court of general sessions for the county in which the offense is alleged to have been committed or in the court of such other county in which the alleged offense is properly cognizable, as the case shall require. And the judge shall then certify the writ, with the return thereof, and the recognizance into the court in which such appearance is to be made. But if no legal cause be shown for the imprisonment or restraint the prisoner shall be discharged therefrom.
S.C. Code Ann. § 17-22-940 — SC Code / Title 17 / Chapter 22 / Article 9 / Section 17-22-940
SECTION 17-22-940. Fees; establishment of expungement process; requirements and duties of solicitor and SLED.
Status: in_force

(A) In exchange for the expungement service that is provided by the solicitor's office, the applicant is responsible for payment to the solicitor's office of an administrative fee in the amount of two hundred fifty dollars per individual order, which must be retained by that office to defray the costs associated with the expungement process except as provided in items (1) and (2). The two hundred fifty dollar fee is nonrefundable, regardless of whether the offense is later determined to be statutorily ineligible for expungement or the solicitor or his designee does not consent to the expungement. (1) Any person who applies to the solicitor's office for an expungement of general session charges pursuant to Section 17-1-40 is exempt from paying the administrative fee, unless the charge that is the subject of the expungement request was dismissed, discharged, or nolle prossed as part of the plea arrangement under which the defendant pled guilty and was sentenced to other charges. (2) Each solicitor's office shall establish an account to collect private donations for the purpose of assisting in defraying the administrative fee of an expungement by up to fifty percent (50%). These funds shall be available on a first come, first serve basis to applicants. This item does not require the solicitor to request or solicit funds for this account. (B) The solicitor's office shall implement policies and procedures consistent with this section to ensure that the expungement process is properly conducted. This includes, but is not limited to: (1) assisting the applicant in completing the expungement order form; (2) collecting from the applicant and distributing to the appropriate agencies separate certified checks or money orders for charges prescribed by this article; (3) collecting funds from individuals choosing to contribute to the fund to defray the costs of administrative fees for expungements; (4) coordinating with the South Carolina Law Enforcement Division (SLED) and, in the case of juvenile expungements, the Department of Juvenile Justice, to confirm that the criminal charge is statutorily appropriate for expungement; (5) obtaining and verifying the presence of all necessary signatures; (6) filing the completed expungement order with the clerk of court; and (7) providing copies of the completed expungement order to all governmental agencies which must receive the order including, but not limited to, the: (a) arresting law enforcement agency; (b) detention facility or jail; (c) solicitor's office; (d) magistrates or municipal court where the arrest warrant originated; (e) magistrates or municipal court that was involved in any way in the criminal process of the charge sought to be expunged; (f) Department of Juvenile Justice; and (g) SLED. (C) The solicitor or his designee also must provide a copy of the completed expungement order to the applicant or his retained counsel. (D) In cases when charges are sought to be expunged pursuant to Section 17-22-150(a), 17-22-530(A), 17-22-330(A), 22-5-910, or 44-53-450(b), or 17-22-1010, the circuit pretrial intervention director, alcohol education program director, traffic education program director, South Carolina Youth Challenge Academy director, or summary court judge shall attest by signature on the application to the eligibility of the charge for expungement before either the solicitor or his designee and then the circuit court judge, or the family court judge in the case of a juvenile, signs the application for expungement. (E) SLED shall verify and document that the criminal charges in all cases, except in cases when charges are sought to be expunged pursuant to Section 17-1-40, Section 17-22-150(a), Section 17-22-530(A), Section 17-22-330(A), or Section 44-53-450(b), are appropriate for expungement before the solicitor or his designee, and then a circuit court judge, or a family court judge in the case of a juvenile, signs the application for expungement. If the expungement is sought pursuant to Section 34-11-90(e), Section 22-5-910, Section 22-5-920, Section 63-19-2050, or Section 56-5-750(f), the conviction for any minor traffic-related offense that is not related in any way to driving under the influence of alcohol or other drugs will not be considered as a bar to expungement. (1) SLED shall receive a twenty-five dollar certified check or money order from the solicitor or his designee on behalf of the applicant made payable to SLED for each verification request, except that no verification fee may be charged when an expungement is sought pursuant to Section 17-1-40, Section 17-22-530(A), Section 17-22-330(A), Section 17-22-150(a), or Section 44-53-450(b). SLED then shall forward the necessary documentation back to the solicitor's office involved in the process. (2) In the case of juvenile expungements, verification and documentation that the charge is statutorily appropriate for expungement must first be accomplished by the Department of Juvenile Justice and then SLED. (3) Neither SLED, the Department of Juvenile Justice, nor any other official shall allow the applicant to take possession of the application for expungement during the expungement process. (F) The applicant also is responsible to the clerk of court for the filing fee per individual order as required by Section 8-21-310(C)(4), which must be forwarded to the clerk of court by the solicitor or his designee and deposited in the county general fund. If the charge is determined to be statutorily ineligible for expungement, this prepaid clerk of court filing fee must be refunded to the applicant by the solicitor or his designee. (G) Each expungement order may contain only one charge sought to be expunged, except in those circumstances when expungement is sought for multiple charges occurring out of a single incident and subject to expungement pursuant to Section 17-1-40 or 17-22-150(a). Only in those circumstances may more than one charge be included on a single application for expungement and, when applicable, only one two hundred fifty-dollar fee, one twenty-five dollar SLED verification fee, and one thirty-five dollar clerk of court filing fee may be charged. (H) A filing fee may not be charged by the clerk's office to an applicant seeking the expungement of a criminal record pursuant to Section 17-1-40, when the charge was discharged, dismissed, nolle prossed, or the applicant was acquitted. (I) Nothing in this article precludes an applicant from retaining counsel to apply to the solicitor's office on his behalf or precludes retained counsel from initiating an action in circuit court seeking a judicial determination of eligibility when the solicitor, in his discretion, does not consent to the expungement. In either event, retained counsel is responsible to the solicitor or his designee, when applicable, for the two hundred fifty-dollar fee, the twenty-five dollar SLED verification fee, and the thirty-five dollar clerk of court filing fee which must be paid by retained counsel's client. (J) The solicitor or his designee has the discretion to waive the two hundred fifty-dollar fee only in those cases when it is determined that a person has been falsely accused of a crime as a result of identity theft. (K) Each solicitor's office shall maintain a record of all fees collected related to the expungement of criminal records, which must be made available to the Chairmen of the House and Senate Judiciary Committees. Those records shall remain confidential otherwise. Code Commissioner's Note At the direction of the Code Commissioner, the amendments made by 2018 Act No. 254 and 2018 Act No. 262 were read together. Editor's Note 2018 Act No. 262, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the South Carolina Youth Challenge Academy and South Carolina Jobs Challenge Program Expungement Act." Effect of Amendment 2014 Act No. 276, SECTION 4, in subsection (E), inserted "traffic education program director,". 2018 Act No. 254, SECTION 6, rewrote the section, restructuring the fees process and allowing for the collection of private donations. 2018 Act No. 262, SECTION 4, in (E), inserted "or 17-22-1010," following "44-53-450(b),", and inserted "South Carolina Youth Challenge Academy director," following "traffic education director,".
S.C. Code Ann. § 17-17-140 — SC Code / Title 17 / Chapter 17 / Section 17-17-140
SECTION 17-17-140. Right to appeal from decision on writ.
Status: in_force

An appeal from all final decisions rendered on applications for writs of habeas corpus shall be allowed as is provided by law in civil actions.
S.C. Code Ann. § 17-1-65 — SC Code / Title 17 / Chapter 1 / Section 17-1-65
SECTION 17-1-65. Expungement of conviction for unlawful possession of a handgun.
Status: in_force

A person may apply for an expungement of one conviction for unlawful possession of a handgun as provided in Section 16-23-20, if the conviction occurred prior to the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024. An application under this section must be made within five years of the enactment of this section. Editor's Note 2024 Act No. 111, SECTIONS 1 and 24, provide as follows: "SECTION 1. This act may be cited as the 'South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024'." "SECTION 24. No provision in this act should be construed as the General Assembly discouraging responsible gun ownership; and the General Assembly, in fact, encourages all gun owners to pursue and receive appropriate gun safety training before carrying a firearm or weapon."
S.C. Code Ann. § 17-13-120 — SC Code / Title 17 / Chapter 13 / Section 17-13-120
SECTION 17-13-120. Persons shall not be removed from one prison to another without cause.
Status: in_force

If any person, a citizen of this State, shall be committed to any prison or in custody of any officer whatsoever for any criminal or supposed criminal matter such person shall not be removed from such prison and custody into the custody of any other officer, unless it be: (1) By habeas corpus or some other legal writ; (2) When the prisoner is delivered to a constable or other inferior officer, to carry such prisoner to some common jail; (3) When any person is sent, according to law, to any common workhouse of correction; (4) When the prisoner is removed from one place or prison to another within the same county for his trial or discharge in due course of law; (5) In case of sudden fire, infection or other necessity; or (6) When brought into court as a witness in some matter or cause as provided by law.
S.C. Code Ann. § 17-22-120 — SC Code / Title 17 / Chapter 22 / Article 1 / Section 17-22-120
SECTION 17-22-120. Individual agreement between offender and solicitor; alcohol and drug abuse services.
Status: in_force

In any case in which an offender agrees to an intervention program, a specific agreement must be made between the solicitor and the offender. This agreement shall include the terms of the intervention program, the length of the program and a section stating the period of time after which the prosecutor will either dismiss the charge or seek a conviction based upon that charge. The agreement must be signed by the offender and his or her counsel, if represented by counsel, and filed in the solicitor's office. The Commission on Alcohol and Drug Abuse shall provide training if requested on the recognition of alcohol and drug abuse to counselor employees of local pretrial intervention programs and the local agency authorized by Section 61-12-20 shall provide services to alcohol and drug abusers if referred by pretrial intervention programs. However, no services may be denied due to an offender's inability to pay.
S.C. Code Ann. § 17-15-55 — SC Code / Title 17 / Chapter 15 / Section 17-15-55
SECTION 17-15-55. Reconsideration by circuit court of bond set by summary court; subsequent violent offenders.
Status: in_force

(A)(1) The circuit courts, at their discretion, may review and reconsider bond for general sessions offenses set by summary court judges. Also, the circuit courts may consider motions regarding reconsideration of bond for general sessions offenses set by summary court judges upon motions filed with the clerks of court. Hearings on these motions must be scheduled. The rules of evidence do not apply to bond hearings. (2) After a circuit court judge has heard and ruled upon a defendant's motion to reconsider a bond set by a summary court judge, further defense motions to reconsider may be heard by the circuit court only upon the defendant's prima facie showing of a material change in circumstances which relate to the factors provided in Section 17-15-30, and which have arisen since the prior motion to reconsider. In addition, the circuit court may hear further defense motions to reconsider based on the length of time the defendant has been held for trial after six months. The chief judge shall schedule a hearing or if such showing is not set forth in the written motion, deny the motion for failure to make a prima facie showing of a material change in circumstances. A defendant shall be advised of his right to a speedy trial. Notwithstanding another provision of law, nothing prevents a solicitor or the defendant from filing a motion for a speedy trial or requesting the court to set a date certain for trial based on the facts and circumstances in the case. If either party fails to comply with the terms of an order granting a speedy trial, the court may reconsider the terms of the defendant's bond, may consider sanctions and may grant other just and proper relief as the court determines. (B)(1) Motions by the State to revoke or modify a bond must be made in writing, state with particularity the grounds for revocation or modification, and set forth the relief or order sought. The motions must be filed with the clerks of court, and a copy must be served on the chief judge, defense counsel of record, and bond surety, if any. The court must have a hearing and rule on the state's motion within thirty days of the filing. (2) After a circuit court judge has heard and ruled upon the state's motion to reconsider a bond set by a summary court judge, further state motions to reconsider may be heard by the circuit court only upon the state's prima facie showing of a material change in circumstances which have arisen since the prior motion to reconsider. The chief judge shall schedule a hearing or if such showing is not set forth in the written motion, deny the motion for failure to make a prima facie showing of a material change in circumstances. (3) If the state's motion to revoke or modify bond includes a prima facie showing of imminent danger to the community, imminent danger to the defendant, or flight by the defendant, the chief judge or presiding judge shall conduct or order an emergency bond hearing to be conducted by the circuit court judge within forty-eight hours of receiving service of the state's motion or as soon as practical. The chief judge shall order the solicitor to notify the defense counsel of record and bond surety of the time and date of the hearing, and the solicitor shall provide proof that reasonable efforts were made to affect the notice. Upon notice by the State, the defense counsel of record and bond surety shall make reasonable efforts to notify the defendant of the emergency hearing. The court may proceed with the hearing despite the absence of the defendant or bond surety. The court may not proceed with the hearing if the defense counsel of record is not present. If an emergency bond hearing is held without the presence of the defendant and bond is revoked, the judge having heard the matter may conduct the hearing on the defendant's motion to reconsider the revocation. Defense motions to reconsider revocation must be filed with the clerk of court and served on the solicitor and bond surety. (C) If a person commits a violent offense, as defined in Section 16-1-60, or any felony offense involving a firearm, which was committed when the person was already out on bond for a previous violent offense or any felony offense involving a firearm and the subsequent offense did not arise out of the same series of events as the previous offense, then: (1) the bond for the original offense must be revoked by operation of law and a hearing for the subsequent violent offense or any felony offense involving a firearm must be held in the circuit court within thirty days; (2) during the bond hearing for the subsequent violent offense or felony offense involving a firearm, the court must issue findings of fact and conclusions of law addressing the revocation of bond for the original offense, whether a new bond is issued for the previous offense as well as if bond is appropriate for the subsequent violent offense or felony offense involving a firearm; (3) if the court finds that certain conditions of release on bond will ensure that the person is unlikely to flee or pose a danger to any other person or the community and the person will abide by the terms of release on bond, the judge shall consider bond in accordance with the provisions of this chapter and set or amend bond accordingly. Notwithstanding the provisions of Section 17-15-15, any bond set for a violent offense or felony offense involving a firearm committed when the person was already out on bond for a previous violent offense or felony offense involving a firearm must be deposited to the court in cash or its equivalent in full, notwithstanding if posted by the person, his representative, or by a bond surety; (4) if the court finds no such conditions will ensure that the person is unlikely to flee or not pose a danger to the community, the court shall not set a bond for the instant offense and must revoke all previously set bonds; and (5) if a person commits a violent offense, as defined in Section 16-1-60, or felony offense involving a firearm which was committed when the person was already out on bond for a previous violent offense or felony offense involving a firearm, and the subsequent offense did not arise out of the same series of events as the previous offense, then the arresting law enforcement agency must transmit notice of the second arrest, implicating this subsection, to the solicitor of the circuit in which the offense was committed and the administrative chief judge of the circuit in which the offense was committed. The prosecuting agency must notify any victims of the initial or subsequent offenses pursuant to Chapter 3, Title 16 of any bond hearings. (D) If a person commits a violent offense, as defined in Section 16-1-60, or felony offense involving a firearm which was committed when the person was already out on bond for two or more previous separate violent offenses or felony offenses involving a firearm for which separate bonds were set, and the subsequent offense did not arise out of the same series of events as the two or more previous separate offenses, and the court determines that under the totality of the circumstances the previous bonds should not be revoked and another bond should be set, any bond set by the court must be deposited in full and may not be posted by any bond surety company. (E) Notwithstanding subsection (C)(2), if the original bond was set in another judicial circuit, that prosecution agency shall be notified of the revocation and any finding the court makes pursuant to this subsection. The prosecution agency having jurisdiction over the subsequent charge must make the notification required in this subsection within forty-eight hours of the conclusion of the preceding. The presiding judge has jurisdiction to make a finding on record to deny a new bond on the original charge or may order a new bond hearing to be scheduled on the original charge in the judicial circuit where the charges are pending. This hearing must be scheduled within thirty days by the prosecution agency having jurisdiction over the original charges. (F) For the purpose of bond revocation only, a summary court has concurrent jurisdiction with the circuit court for thirty days from the date bond is first set on a charge by the summary court or the date of the grand jury indictment whichever occurs first to determine if bond should be revoked. Effect of Amendment 2014 Act No. 144, SECTION 1, added subsections (C) and (D), relating to violent offenders. 2015 Act No. 58, SECTION 15, added (E), related to concurrent jurisdiction for bond revocation. 2023 Act No. 83, SECTION 6, rewrote the section.
S.C. Code Ann. § 17-5-130 — SC Code / Title 17 / Chapter 5 / Article 3 / Section 17-5-130
SECTION 17-5-130. Coroner qualifications; affidavits of candidates; training; exemptions; Coroners Training Advisory Committee; Expenses.
Status: in_force

(A)(1) A coroner in this State shall have all of the following qualifications, the person shall: (a) be a citizen of the United States; (b) be a resident of the county in which the person seeks the office of coroner for at least one year before qualifying for the election to the office; (c) be a registered voter; (d) have attained the age of twenty-one years before the date of qualifying for election to the office; (e) have obtained a high school diploma or its recognized equivalent by the State Department of Education; and (f) have not been convicted of a felony offense or an offense involving moral turpitude contrary to the laws of this State, another state, or the United States. (2) In addition to the requirements of subsection (A)(1), a coroner in this State shall have at least one of the following qualifications, the person shall: (a) have at least three years of experience in death investigation with a law enforcement agency, coroner, or medical examiner agency; (b) have a two-year associate degree and two years of experience in death investigation with a law enforcement agency, coroner, or medical examiner agency; (c) have a four-year baccalaureate degree and one year of experience in death investigation with a law enforcement agency, coroner, or medical examiner agency; (d) be a law enforcement officer, as defined by Section 23-23-10(E)(1), who is certified by the South Carolina Law Enforcement Training Council with a minimum of two years of experience; (e) have completed a recognized forensic science degree or certification program or be enrolled in a recognized forensic science degree or certification program to be completed within one year of being elected to the office of coroner; (f) be a medical doctor; or (g) have a bachelor of science degree in nursing. (B)(1) A person who offers his candidacy for the office of coroner, no later than the close of filing, shall file a sworn affidavit with the county executive committee of the person's political party. (2) The county executive committee of a political party with whom a person has filed his affidavit must file a copy of the affidavit with the appropriate county election commission by noon on the tenth day following the deadline for filing affidavits by candidates. If the tenth day falls on a Saturday, Sunday, or holiday, the affidavit must be filed by noon the following day. (3) A person who seeks nomination by petition for the office of coroner, no later than the close of filing, shall file a sworn affidavit with the county election commission in the county of his residence. (4) The affidavit required by the provisions of this subsection must contain the following information: (a) the person's date and place of birth; (b) the person's citizenship; (c) the county the person is a resident of, and how long the person has been a resident of that county; (d) whether the person is a registered voter; (e) the date the person obtained a high school diploma or its recognized equivalent by the State Department of Education; (f) whether the person has been convicted of a felony offense or an offense involving moral turpitude contrary to the laws of this State, another state, or the United States; (g) the date the person obtained an associate or baccalaureate degree, if applicable; (h) the date the person completed a recognized forensic science degree or certification program, or information regarding the person's enrollment in a recognized forensic science degree or certification program, if applicable; and (i) the number of years of experience the person has as a death investigator, certified law enforcement officer, or licensed private investigator, if applicable. (C) Each person serving as coroner in the person's first term is required to complete a basic training session to be determined by the South Carolina Criminal Justice Academy. This basic training session must be completed no later than the end of the calendar year following the person's election as coroner. A person appointed to fill the unexpired term in the office of coroner shall complete a basic training session to be determined by the South Carolina Criminal Justice Academy within one calendar year of the date of appointment. This section must not be construed to require an individual to repeat the basic training session if the person has successfully completed the session prior to the person's election or appointment as coroner. A coroner who is unable to attend this training session when offered because of an emergency or extenuating circumstances, within one year from the date the disability or cause terminates, shall complete the standard basic training session required of coroners. A coroner who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the coroner completes the training session. (D) A person holding the office of coroner or deputy coroner who was elected, appointed, or employed prior to January 1, 1994, and who has served continuously since that time shall attend a minimum of sixteen hours training annually as may be selected by the South Carolina Law Enforcement Training Council on or before December 31, 1995. Each year, all coroners and deputy coroners shall complete a minimum of sixteen hours training annually as selected by the council. Certification or records of attendance or training must be maintained as directed by the council. (E)(1) The basis for the minimum annual requirement of in-service training is the calendar year. A coroner who satisfactorily completes the basic training session in accordance with the provisions of subsection (C) is excused from the minimum annual training requirements of subsection (D) for the calendar year in which the basic training session is completed. (2) The Board of Directors of the South Carolina Coroners Association, in its discretion, may grant a waiver of the requirements of the annual in-service training upon presentation of evidence by a coroner that he was unable to complete the training due to an emergency or extenuating circumstances. (3) A coroner who fails to complete the minimum annual in-service training required by this section may be suspended from office, without pay, by the Governor for ninety days. The Governor may continue to suspend a coroner until the coroner completes the annual minimum in-service training required in this section. The Governor shall appoint, at the time of the coroner's suspension, a qualified person to perform as acting coroner during the suspension. (F) A coroner in office on the effective date of this section is exempt from the provisions of this section except for the provisions of subsection (D). (G)(1) The Director of the South Carolina Criminal Justice Academy shall appoint a Coroners Training Advisory Committee to assist in the determination of training requirements for coroners and deputy coroners and to determine those forensic science degree and certification programs that qualify as 'recognized' pursuant to the requirements of this section. Also, the committee shall assist in determining annual training requirements as set forth in this section. The committee must consist of no fewer than five coroners and at least one physician trained in forensic pathology as recommended by the South Carolina Coroners Association. The members of the committee shall serve without compensation. (2) The Coroners Training Advisory Committee shall govern the qualifications of all coroners, deputy coroners, and candidates for coroner as set forth in this section. Also, the committee must certify all coroners. The committee may require a coroner or a deputy coroner to appear before it for performance review. Failure to appear before the committee or failure to follow state law relating to the performance of official duties may result in sanctioning in the form of a private or public reprimand. Also, the committee may recommend suspension to the Governor and loss of funding to the county council. A person may appeal an action of the committee pursuant to the provisions of Chapter 23, Title 1. The committee may hire an administrative assistant if it is determined necessary. (H) Expenses of all training authorized or required by this section must be paid by the county the coroner or deputy coroner serves, and the South Carolina Law Enforcement Training Council is authorized to set and collect fees for this training. Effect of Amendment 2014 Act No. 225, SECTION 2, in subsection (C), substituted "South Carolina Criminal Justice Academy" for "Department of Public Safety" in the first sentence, and "department" in the third sentence. 2018 Act No. 183, SECTION 3, in (G), inserted the (1) designator and inserted the second sentence, and added (2).
S.C. Code Ann. § 17-25-145 — SC Code / Title 17 / Chapter 25 / Article 2 / Section 17-25-145
SECTION 17-25-145. Implementation and operation of community penalties program; contracts for preparation of individual community penalty program plans.
Status: in_force

The Department of Probation, Parole, and Pardon and Services must implement a community penalties program in each judicial circuit of the State. The Department at its discretion may operate the program or contract with public or private agencies for necessary services. Agencies or individuals may contract to prepare individual community penalty program plans for offenders in a particular judicial circuit as prescribed by the Department.
S.C. Code Ann. § 17-28-10 — SC Code / Title 17 / Chapter 28 / Article 1 / Section 17-28-10
SECTION 17-28-10. Citation of Article.
Status: in_force

This article may be cited as the "Access to Justice Post-Conviction DNA Testing Act".
S.C. Code Ann. § 17-23-60 — SC Code / Title 17 / Chapter 23 / Section 17-23-60
SECTION 17-23-60. Accused's right to counsel, to produce witnesses and proofs, and to confront witnesses.
Status: in_force

Every person accused shall, at his trial, be allowed to be heard by counsel, may defend himself and shall have a right to produce witnesses and proofs in his favor and to meet the witnesses produced against him face to face.
S.C. Code Ann. § 17-3-600 — SC Code / Title 17 / Chapter 3 / Article 5 / Section 17-3-600
SECTION 17-3-600. Existing contracts for providing indigent defense services.
Status: in_force

All contracts in force on the date this legislation is effective between private attorneys and county indigent defense corporations for the provision of indigent defense services within a county or counties shall remain in force and be recognized by the commission and circuit public defender offices until their respective expiration dates or one year from the effective date of this act, whichever is earlier.
S.C. Code Ann. § 17-30-125 — SC Code / Title 17 / Chapter 30 / Section 17-30-125
SECTION 17-30-125. On-scene orders to cut or divert telephone lines; grounds; administrative subpoena for production of certain subscriber or customer information; regulations; good faith reliance as defense.
Status: in_force

(A) For purposes of this section: (1) "Attorney General" means the Attorney General of the State of South Carolina or the Attorney General's designee who is employed by the Attorney General and is an officer of the court. (2) "SLED" means the South Carolina Law Enforcement Division. (B) The supervising agent of SLED or the supervising law enforcement officer of a political subdivision of this State at the scene of an incident where there is reasonable cause to believe that: (1) the incident involves immediate danger of death or serious bodily injury to a person or the danger of a prisoner's escape; (2) a person is holding one or more hostages; (3) the probability exists that a subject about to be arrested will resist with the use of weapons; (4) a person has barricaded himself, is armed, and is threatening to commit suicide; or (5) a threat has been made against a critical infrastructure in South Carolina as defined by federal law, pursuant to 42 U.S.C. 5195c(e); may order law enforcement or telephone company personnel to cut, reroute, or divert telephone lines solely for the purpose of preventing telephone communications between the suspect and any person other than a law enforcement officer or the law enforcement officer's designee, if the cutting, rerouting, or diverting of telephone lines is technically feasible and can be performed without endangering the lives of telephone company or other utility personnel. (C) An officer of the court who is employed by SLED may issue an administrative subpoena to a telephone company, Internet service provider, or communications entity for the production of subscriber or customer information as described in subsection (F), not including the contents of any communications, if: (1) SLED has reasonable cause to believe that the information is material to an active emergency incident involving at least one of the following situations: (a) a threat of death or serious bodily injury to a person; (b) the danger of a prisoner's escape; (c) a person who is holding one or more hostages; (d) the probability exists that a person about to be arrested will resist arrest with the use of weapons; (e) a person who has barricaded himself, is armed, and is threatening to commit suicide; or (f) a threat against a critical infrastructure in South Carolina as defined by federal law, pursuant to 42 U.S.C. Section 5195c(e); and (2) SLED is not otherwise able to obtain a warrant or subpoena for the information from a court due to: (a) the court not being able to issue a warrant or subpoena in a timely fashion and the immediate need to obtain the information; or (b) SLED having reasonable cause to believe that obtaining a warrant or subpoena from the court could result in perpetuating an emergency incident that the warrant or subpoena is intended to prevent. (D)(1) An administrative subpoena must be made in writing upon oath or affirmation of the officer of the court who is employed by SLED. The officer must sign the administrative subpoena affirming that SLED has reasonable cause to believe that the information is material to an active emergency incident involving at least one of the situations listed in subsection (C)(1), and that SLED is not otherwise able to obtain a warrant or subpoena for the information from a court due to one of the reasons listed in subsection (C)(2). (2) The officer must submit the administrative subpoena to the Attorney General for review prior to issuing the administrative subpoena to a telephone company, Internet service provider, or communications entity. The officer must not issue the administrative subpoena without authorization by the Attorney General, pursuant to subsection (E). The officer may submit the administrative subpoena with signature to the Attorney General in person, by mail, by facsimile, or by other electronic means. If the officer, after a good faith effort, is not able to submit the administrative subpoena with signature to the Attorney General in person, by mail, by facsimile, or by other electronic means, the officer may orally or electronically explain and affirm the administrative subpoena to the Attorney General. (E)(1) The Attorney General must authorize an officer of the court who is employed by SLED to issue an administrative subpoena to a telephone company, Internet service provider, or communications entity, if, after review, the Attorney General determines that SLED has reasonable cause to believe that the information is material to an active emergency incident involving at least one of the situations listed in subsection (C)(1), and that SLED is not otherwise able to obtain a warrant or subpoena for the information from a court due to one of the reasons listed in subsection (C)(2). (2) If the Attorney General authorizes the officer of the court who is employed by SLED to issue the administrative subpoena, the Attorney General must sign and return the administrative subpoena to SLED. The Attorney General may return the administrative subpoena with signature to SLED in person, by mail, by facsimile, or by other electronic means. (3) If the Attorney General, after a good faith effort, is not able to return the administrative subpoena with signature to SLED in person, by mail, by facsimile, or by other electronic means, or the officer of the court employed by SLED was not able to submit the administrative subpoena with signature to the Attorney General and had to orally or electronically explain and affirm the administrative subpoena, the Attorney General may orally or electronically confirm authorization of the administrative subpoena. The Attorney General must return the administrative subpoena with signature to SLED within forty-eight hours after the Attorney General authorizes the administrative subpoena, or by the next business day if the time period falls on a weekend or holiday, whichever is later. (4) The good faith reliance by the Attorney General as to the information affirmed by SLED to obtain an administrative subpoena constitutes a complete defense to any civil, criminal, or administrative action arising out of the administrative subpoena. The Attorney General is not responsible for any costs related to the defense of any civil, criminal, or administrative action arising out of the administrative subpoena. (F)(1) Upon receipt of an administrative subpoena from SLED, a telephone company, Internet service provider, or communications entity shall disclose, as applicable, the subscriber's or customer's: (a) name; (b) address; (c) local and long distance telephone connection or electronic communication records, or records of session times and durations; (d) length of service, including the start date, and types of service utilized; (e) telephone or instrument number or other customer or subscriber number of identity, including any temporarily assigned network addresses; and (f) means and source of payment for such service, including any credit card or bank account numbers. (2) If a telephone company, Internet service provider, or communications entity fails to obey an administrative subpoena without lawful excuse, SLED may apply to a circuit court having jurisdiction for an order compelling compliance. The telephone company, Internet service provider, or communications entity may object to the administrative subpoena on the grounds that the administrative subpoena fails to comply with this section, or upon any constitutional or other legal right or privilege. The court may issue an order modifying or setting aside the administrative subpoena or directing compliance with the original administrative subpoena. (G) Information obtained by SLED pursuant to an administrative subpoena must not be made public and is not subject to the Freedom of Information Act. (H)(1) SLED is authorized to promulgate permanent regulations, pursuant to the Administrative Procedures Act in Chapter 23, Title 1, to define the procedures and guidelines needed to issue an administrative subpoena as provided in this section. (2) Pursuant to Section 1-23-130, SLED is authorized to promulgate emergency regulations to define the procedures and guidelines needed to issue an administrative subpoena as provided in this section until such time as permanent regulations are promulgated. The provisions of Section 1-23-130(A), (B), (D), and (E) are applicable to emergency regulations promulgated pursuant to this item. The provisions of Section 1-23-130(C) are not applicable to emergency regulations promulgated pursuant to this item. An emergency regulation promulgated pursuant to this item becomes effective upon issuance and continues for one year unless terminated sooner by SLED or concurrent resolution of the General Assembly. (I) An administrative subpoena must comply with the provisions of federal law 18 U.S.C. Section 2703(c)(2). (J) The good faith reliance by a telephone company on an oral or written order to cut, reroute, divert, or intercept telephone lines given by a supervising law enforcement officer pursuant to subsection (B), or the good faith reliance by a telephone company, Internet service provider, or communications entity to provide information to SLED pursuant to an administrative subpoena, constitutes a complete defense to any civil, criminal, or administrative action arising out of the order or administrative subpoena.
S.C. Code Ann. § 17-25-540 — SC Code / Title 17 / Chapter 25 / Article 5 / Section 17-25-540
SECTION 17-25-540. Notification of Office of Victim Assistance of commencement of action; duties of Office upon receipt of notification.
Status: in_force

(A) Upon filing an action pursuant to Section 17-25-530, the eligible person shall give notice to the office by delivering or mailing a copy of the complaint. The eligible person may, prior to filing the action, notify the office of his intent to file an action in order to allow the office to apply for other appropriate remedies which are authorized prior to the commencement of an action. (B) The office may act on behalf of all eligible persons and may apply for any remedies available to an eligible person bringing an action under Section 17-25-530. These remedies include the right of attachment, injunction, receivership, and notice of pendency. On the motion for a particular remedy, the moving party shall state whether any other remedy has been sought in the same action against the same offender. The court may require the moving party to elect its remedy. (C) Upon receipt of a copy of the complaint, the office shall: (1) use certified mail, return receipt requested, to notify all other known eligible persons whose addresses are known of the alleged existence of profits from a crime; (2) publish, at least once a year for three years from the date it is initially notified by an eligible person under this section, a legal notice in newspapers of general circulation in the county where the crime was committed and in contiguous counties advising any eligible persons of the alleged existence of profits from a crime. The office may provide additional notice in its discretion; and (3) avoid the wasting of the assets identified in the complaint as the newly discovered profits from a crime in any manner consistent with subsection (B).
S.C. Code Ann. § 17-22-20 — SC Code / Title 17 / Chapter 22 / Article 1 / Section 17-22-20
SECTION 17-22-20. Definitions.
Status: in_force

When used in this chapter: (1) The term "prosecutorial discretion" shall mean the power of the circuit solicitor to consider all circumstances of criminal proceedings and to determine whether any legal action is to be taken and, if so taken, of what kind and degree and to what conclusion. (2) The term "noncriminal disposition" shall mean the dismissal of a criminal charge without prejudice to the State to reinstate criminal proceedings on motion of the solicitor.
S.C. Code Ann. § 17-22-500 — SC Code / Title 17 / Chapter 22 / Article 5 / Section 17-22-500
SECTION 17-22-500. Citation of article.
Status: in_force

This article may be cited as the "Alcohol Education Program Act".
S.C. Code Ann. § 17-3-50 — SC Code / Title 17 / Chapter 3 / Article 1 / Section 17-3-50
SECTION 17-3-50. Determination of fees for appointed counsel and public defenders; maximum amounts; authorization to exceed maximum; payment for certain services.
Status: in_force

(A) When private counsel is appointed pursuant to this chapter, he must be paid a reasonable fee to be determined on the basis of forty dollars an hour for time spent out of court and sixty dollars an hour for time spent in court. The same hourly rates apply in post-conviction proceedings. Compensation may not exceed three thousand five hundred dollars in a case in which one or more felonies is charged and one thousand dollars in a case in which only misdemeanors are charged. Compensation must be paid from funds available to the Office of Indigent Defense for the defense of indigents represented by court-appointed, private counsel. The same basis must be employed to determine the value of services provided by the office of the public defender for purposes of Section 17-3-40. (B) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for the representation of the defendant, the court shall authorize the defendant's attorney to obtain such services on behalf of the defendant and shall order the payment, from funds available to the Office of Indigent Defense, of fees and expenses not to exceed five hundred dollars as the court considers appropriate. (C) Payment in excess of the hourly rates and limits in subsection (A) or (B) is authorized only if the court certifies, in a written order with specific findings of fact, that payment in excess of the rates is necessary to provide compensation adequate to ensure effective assistance of counsel and payment in excess of the limit is appropriate because the services provided were reasonably and necessarily incurred. (D) Nothing in this section shall be construed to alter the provisions of Section 17-3-10 concerning those defendants who are entitled to legal representation.
S.C. Code Ann. § 17-5-330 — SC Code / Title 17 / Chapter 5 / Article 5 / Section 17-5-330
SECTION 17-5-330. Salaries and fees; annual budget.
Status: in_force

The commission must fix the salary of the medical examiner. The medical examiner, with the approval of the county medical examiner commission, must fix (1) the salaries of the deputy medical examiners and all employees in the charge of the medical examiner and (2) all fees paid for toxocological examinations and other tests and examinations required. The annual budget for the operation of the medical examiner system must be submitted to and approved by the county governing body.
S.C. Code Ann. § 17-15-240 — SC Code / Title 17 / Chapter 15 / Section 17-15-240
SECTION 17-15-240. Interest on bail bond money.
Status: in_force

Court officers authorized by law to receive bail bond money may deposit that money in interest-bearing accounts in a financial institution in which deposits are insured by an agency of the United States government. The interest earned on the accounts is considered public funds and must be distributed as follows: (1) Interest on bail bond money received for offenses triable in municipal court or held for transmittal to the county clerk of court must be credited to the general fund of the municipality. (2) Interest on bail bond money received for offenses triable in magistrates court or held for transmittal to the county clerk of court must be credited to the general fund of the county. (3) Interest on bail bond money received by the county clerk of court for offenses triable in family and circuit court must be credited to the general fund of the county. South Carolina Court Administration shall prescribe appropriate procedures for handling and accounting for bail bond interest.
S.C. Code Ann. § 17-19-20 — SC Code / Title 17 / Chapter 19 / Section 17-19-20
SECTION 17-19-20. Allegations sufficient for indictment.
Status: in_force

Every indictment shall be deemed and judged sufficient and good in law which, in addition to allegations as to time and place, as required by law, charges the crime substantially in the language of the common law or of the statute prohibiting the crime or so plainly that the nature of the offense charged may be easily understood and, if the offense be a statutory offense, that the offense be alleged to be contrary to the statute in such case made and provided.
S.C. Code Ann. § 17-7-180 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-180
SECTION 17-7-180. Disregard of summons or refusal to testify.
Status: in_force

Every person summoned or required to give evidence and disregarding such summons or refusing to testify, without such excuse as shall be lawful and sufficient, shall forfeit and pay the sum of twenty dollars and shall be committed to jail by the coroner until the next court of general sessions or until he testifies and is discharged by the coroner such forfeiture to be recovered by indictment, and in addition shall be liable to be indicted at the next court of general sessions for the county and upon conviction shall be fined and imprisoned, at the discretion of the court. And the coroner shall bind such witness so appearing, by recognizance, with good and sufficient surety, to appear at the next court of general sessions to stand his trial and a witness refusing to enter into such recognizance shall be forthwith committed to the jail of the county by commitment, under the hand and seal of the coroner, there to be kept until he enters into such recognizance as before required.
S.C. Code Ann. § 17-27-20 — SC Code / Title 17 / Chapter 27 / Section 17-27-20
SECTION 17-27-20. Persons who may institute proceeding; exclusiveness of remedy.
Status: in_force

(A) Any person who has been convicted of, or sentenced for, a crime and who claims: (1) That the conviction or the sentence was in violation of the Constitution of the United States or the Constitution or laws of this State; (2) That the court was without jurisdiction to impose sentence; (3) That the sentence exceeds the maximum authorized by law; (4) That there exists evidence of material facts, not previously presented and heard, that requires vacation of the conviction or sentence in the interest of justice; (5) That his sentence has expired, his probation, parole or conditional release unlawfully revoked, or he is otherwise unlawfully held in custody or other restraint; or (6) That the conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law, statutory or other writ, motion, petition, proceeding or remedy; may institute, without paying a filing fee, a proceeding under this chapter to secure relief. Provided, however, that this section shall not be construed to permit collateral attack on the ground that the evidence was insufficient to support a conviction. (B) This remedy is not a substitute for nor does it affect any remedy incident to the proceedings in the trial court, or of direct review of the sentence or conviction. Except as otherwise provided in this chapter, it comprehends and takes the place of all other common law, statutory or other remedies heretofore available for challenging the validity of the conviction or sentence. It shall be used exclusively in place of them. Code Commissioner's Note A scrivener's error in (A) was made in 1970, when the 1969 Uniform Post-Conviction Relief Procedure Act was first published as part of the Code. A line break was inadvertently omitted preceding "may institute…a proceeding" and thus that text was combined with the rest of (A)(6). See Brown v. State, 423 S.C. 56, 814 S.E.2d 146 (2018).
S.C. Code Ann. § 17-22-710 — SC Code / Title 17 / Chapter 22 / Article 7 / Section 17-22-710
SECTION 17-22-710. Establishing unit; fee schedule; administrative costs; disbursement of funds collected.
Status: in_force

(A) A circuit solicitor may establish, under his direction and control and with the agreement of the county governing body, a Worthless Check Unit for the purpose of processing worthless checks and to assist the victims of these cases in the collection of restitution. The fee schedule is: (1) fifty dollars for checks up to five hundred dollars; (2) one hundred dollars for checks five hundred one dollars to one thousand dollars; and (3) one hundred fifty dollars for checks one thousand one dollars or greater. (B) An amount equal to the allowable administrative costs contained in Section 34-11-70(c) must be added to the fee. All fees collected by the Worthless Check Unit in accordance with the fee schedule promulgated pursuant to this section must be deposited into a fund known as the Worthless Check Fund maintained by the county treasurers of the counties comprising the circuit, other than court costs and an amount equal to the allowable administrative costs contained in Section 34-11-70(c) which must be remitted to the treasurer for deposit in the county general fund. All funds collected and deposited into this fund must be applied first to defray the costs of operating the Worthless Check Unit with the balance to be used by the solicitor to pay the normal operating expenses of his office. Withdrawals from this account may be made only at the request of the solicitor. The funds generated pursuant to this section may not be used to reduce the amount budgeted by the county to the solicitor's office. The solicitor shall maintain an account for the purpose of collecting and disbursing restitution funds collected for the benefit of victims' worthless checks. The Worthless Check Unit shall disburse to the victim all restitution collected as a result of the original complaint filed. If the victim cannot be located after a reasonable time and diligent efforts the restitution due the victim must be transferred to the general fund of the county.
S.C. Code Ann. § 17-27-160 — SC Code / Title 17 / Chapter 27 / Section 17-27-160
SECTION 17-27-160. Capital case post-conviction relief procedures.
Status: in_force

(A) If a defendant has been sentenced to death in South Carolina, he must file his application for post-conviction relief in the county in which he was indicted for the crime resulting in the sentence of death. Upon receipt of the application for post-conviction relief, the clerk of court shall forward the application to the judge who has been assigned to hear the post-conviction relief application. This judge shall maintain control over the expedited consideration of the application pursuant to this section. The judge assigned as the post-conviction relief judge must not be the original sentencing judge. A copy of the application shall be immediately provided to the solicitor of the circuit in which the applicant was convicted and a copy provided to the Attorney General. The filing of the application does not automatically stay any sentence of death. (B) Upon receipt of the application for post-conviction relief, the counsel for the respondent shall file a return within thirty days after receipt of the application. If the applicant is indigent and desires representation by counsel, two counsel shall be immediately appointed to represent the petitioner in this action. At least one of the attorneys appointed to represent the applicant must have previously represented a death-sentenced inmate in state or federal post-conviction relief proceedings or (1) must meet the minimum qualifications set forth in Section 16-3-26(B) and Section 16-3-26(F) and (2) have successfully completed, within the previous two years, not less than twelve hours of South Carolina Bar approved continuing legal education or professional training primarily involving advocacy in the field of capital appellate and/or post-conviction defense. The Supreme Court may promulgate additional standards for qualifications of counsel in capital post-conviction proceedings. The court may not appoint an attorney as counsel under this section if the attorney represented the applicant at trial or in a direct appeal unless the applicant and the attorney request appointment on the record or the court finds good cause to make the appointment. Counsel appointed in these cases shall be compensated from the funding provided in Section 16-3-26 in the same manner and rate as appointed trial counsel, provided that Section 16-3-26(I) shall not apply to counsel appointed in post-conviction relief proceedings. Appointed counsel on appeal from state post-conviction relief cases shall be funded and compensated from the funds established for representation of indigents on appeal by the Office of Appellate Defense pursuant to Chapter 4, Title 17. Nothing in this section shall preclude an out-of-state attorney from appearing pro hac vice. If counsel is the same person appointed as counsel on appeal, the court shall appoint a second counsel to assist in the preparation of the application for post-conviction relief. If the applicant elects to proceed pro se, any findings made by the court shall be done on the record and in open court concerning the waiver of the assistance of counsel. (C) Not later than thirty days after the filing of the state's return, the judge shall convene a status conference to schedule a hearing on the merits of the application for post-conviction relief. The hearing must be scheduled within one hundred eighty days from the date of the status conference, unless good cause is shown to justify a continuance. (D) Within thirty days from the receipt of the transcript, or if the judge requests post trial briefs, within thirty days from the receipt of the post trial briefs, the hearing judge in writing shall make specific findings of fact and state expressly the judge's conclusions of law relating to each issue. This order is a final judgment subject to a motion for rehearing, a motion to alter or amend judgment, a motion for relief from judgment or order, or any other motion as allowed by the South Carolina Rules of Civil Procedure. (E) In these expedited capital post-conviction relief hearings, a court reporter shall be assigned to take testimony. The transcription of the testimony and record shall be given priority over all other matters concerning the preparation of the record and, upon completion, shall immediately be provided to the parties and the Clerk of the Supreme Court of South Carolina. Editor's Note 1996 Act No. 448, SECTION 1, eff June 18, 1996, provides as follows: "SECTION 1. This act [consisting of SECTIONS 16-3-21, 17-25-380, 17-27-130, 17-27-150, and 17-27-160] is known and may be cited as the 'South Carolina Effective Death Penalty Act of 1996'."
S.C. Code Ann. § 17-24-70 — SC Code / Title 17 / Chapter 24 / Section 17-24-70
SECTION 17-24-70. Sentencing of defendant found guilty but mentally ill.
Status: in_force

If a verdict is returned of "guilty but mentally ill" the defendant must be sentenced by the trial judge as provided by law for a defendant found guilty, however: (A) If the sentence imposed upon the defendant includes the incarceration of the defendant, the defendant must first be taken to a facility designated by the Department of Corrections for treatment and retained there until in the opinion of the staff at that facility the defendant may safely be moved to the general population of the Department of Corrections to serve the remainder of his sentence. (B) If the sentence includes a probationary sentence, the judge may impose those conditions and restrictions on the release of the defendant as the judge considers necessary for the safety of the defendant and of the community.
S.C. Code Ann. § 17-22-310 — SC Code / Title 17 / Chapter 22 / Article 3 / Section 17-22-310
SECTION 17-22-310. Prosecutorial discretion of Circuit Solicitor to establish traffic education program; administration.
Status: in_force

(A) Each circuit solicitor has the prosecutorial discretion as defined in this chapter and shall as a matter of prosecutorial discretion establish a traffic education program in the respective circuits for persons who commit traffic-related offenses that are punishable only by a fine and loss of four points or less. A person may not participate in a traffic education program if the person's traffic-related offense resulted in death or serious bodily injury to another person. (B) The circuit solicitors are specifically endowed with and retain all discretionary powers pursuant to the common law. (C) A traffic education program must be under the direct supervision and control of the circuit solicitor; however, the solicitor may contract for services with a county or municipality in the circuit. (D) The South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for the traffic education programs. (E) A traffic education program must include both a community service and an educational component.
S.C. Code Ann. § 17-9-15 — SC Code / Title 17 / Chapter 9 / Section 17-9-15
SECTION 17-9-15. Extradition of person charged in requesting state with committing act in South Carolina or third state which intentionally resulted in committing an offense in requesting state.
Status: in_force

Upon the demand of the executive authority of another state, known as the requesting state, the Governor of this State may surrender a person in this State who is charged in the requesting state with committing an act in this State or a third state which intentionally resulted in committing an offense in the requesting state. The person must be charged in the requesting state in the manner set forth in Section 17-9-10; provided, however, the person need not have been in the requesting state at the time of the commission of the crime in that state and need not have fled from that state. However, the provisions of this chapter not otherwise inconsistent with this section apply to the case.
S.C. Code Ann. § 17-7-670 — SC Code / Title 17 / Chapter 7 / Article 5 / Section 17-7-670
SECTION 17-7-670. Report by coroners and magistrates to Public Service Commission in case of railroad accident.
Status: in_force

All coroners and magistrates shall file with the Public Service Commission, upon written request for it and the tender of a fee of nine cents per hundred words, an exact copy of all evidence and proceedings of inquests held over bodies when death is caused by any accidents whatever by railroads. This report shall be filed with the Public Service Commission not later than five days after the inquest is finished.
S.C. Code Ann. § 17-13-141 — SC Code / Title 17 / Chapter 13 / Section 17-13-141
SECTION 17-13-141. Records to be kept by judiciary officers authorized to issue search warrants; penalty.
Status: in_force

(A) Every judiciary official authorized to issue search warrants in this State shall keep a record along with a copy of the returned search warrant and supporting affidavit and documents for a period of three years from the date of issuance of each warrant. The records shall be on a form prescribed by the Attorney General and reflect as to each warrant: (1) Date and exact time of issuance. (2) Name of person to whom warrant issued. (3) Name of person whose property is to be searched or, if unknown, description of person and address of property to be searched. (4) Reason for issuing warrant. (5) Description of article sought in the search. (6) Date and time of return. (B) Any person who alters or fails to keep for the prescribed period of time the records, warrants, and documents as provided for in subsection (a) shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one hundred dollars or by imprisonment not to exceed thirty days.
S.C. Code Ann. § 17-27-50 — SC Code / Title 17 / Chapter 27 / Section 17-27-50
SECTION 17-27-50. Form and contents of application.
Status: in_force

The application shall identify the proceedings in which the applicant was convicted, give the date of the entry of the judgment and sentence complained of, specifically set forth the grounds upon which the application is based, and clearly state the relief desired. Facts within the personal knowledge of the applicant shall be set forth separately from other allegations of facts and shall be verified as provided in Section 17-27-40. Affidavits, records or other evidence supporting its allegations shall be attached to the application or the application shall recite why they are not attached. The application shall identify all previous proceedings, together with the grounds therein asserted, taken by the applicant to secure relief from his conviction or sentence. Argument, citations and discussion of authorities are unnecessary. The application shall be made on such form as prescribed by the Supreme Court.
S.C. Code Ann. § 17-30-20 — SC Code / Title 17 / Chapter 30 / Section 17-30-20
SECTION 17-30-20. Prohibited acts.
Status: in_force

Except as otherwise specifically provided in this chapter, a person who commits any of the following acts is guilty of a felony and, upon conviction, must be punished as provided in Section 17-30-50 of this chapter: (1) intentionally intercepts, attempts to intercept, or procures any other person to intercept or attempt to intercept any wire, oral, or electronic communication; (2) intentionally uses, attempts to use, or procures any other person to use or attempt to use any electronic, mechanical, or other device to intercept any oral communication when: (a) the device is affixed to or otherwise transmits a signal through a wire, cable, or other like connection used in wire communication; or (b) the device transmits communications by radio or interferes with the transmission of the communication; (3) intentionally discloses or attempts to disclose to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; (4) intentionally uses or attempts to use the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; (5) intentionally discloses or attempts to disclose to any other person the contents of any wire, oral, or electronic communication intercepted by means authorized by Section 17-30-70 or Section 17-30-95 when that person knows or has reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation and the disclosure is not otherwise authorized under this chapter; or (6) intentionally uses, attempts to use, or procures any other person to use any electronic, mechanical, or other device or service that causes the telephone network to display a telephone number on a phone call recipient's caller identification display that is not the number of the originating device. This provision shall not apply to: (a) the legitimate law enforcement use of this procedure by the South Carolina Law Enforcement Division; (b) a person or entity that places a call and blocks or otherwise prevents the delivery of a telephone number to a call recipient's caller identification display; (c) a person or entity that places an authorized call on behalf of another person or entity and inserts a telephone number identified with the person or entity on behalf of whom the call is being placed; or (d) a communications service provider that delivers a call originated by another person or entity.
S.C. Code Ann. § 17-22-1110 — SC Code / Title 17 / Chapter 22 / Article 11 / Section 17-22-1110
SECTION 17-22-1110. Definitions.
Status: in_force

As used in this chapter: (1) "Criminal risk factors" means characteristics and behaviors that, when addressed or changed, affect a person's risk for committing crimes. The characteristics may include, but not be limited to, the following risk and criminogenic need factors: antisocial behavior patterns; criminal personality; antisocial attitudes, values, and beliefs; poor impulse control; criminal thinking; substance abuse; criminal associates; dysfunctional family or marital relationships; or low levels of employment or education. (2) "Evidence-based practices" means supervision policies, procedures, and practices that scientific research demonstrates reduce recidivism among individuals on probation, parole, or post-correctional supervision.
S.C. Code Ann. § 17-25-326 — SC Code / Title 17 / Chapter 25 / Article 3 / Section 17-25-326
SECTION 17-25-326. Alteration, modification, or rescission of order; petition upon good cause; preponderance of evidence.
Status: in_force

Any 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.
S.C. Code Ann. § 17-30-100 — SC Code / Title 17 / Chapter 30 / Section 17-30-100
SECTION 17-30-100. Recording, sealing, custody, and destruction of intercepted communications; notification of and inspection by parties to interception.
Status: in_force

(A) The contents of any wire, oral, or electronic communication intercepted by any means authorized by this chapter, if possible, must be recorded on tape or wire or other comparable device. The recording of the contents of any wire, oral, or electronic communication under this subsection must be kept in such a way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions of the order, the recordings must be made available to the judge issuing the order and sealed under his directions. Custody of the recordings must be wherever the judge orders. They must not be destroyed except upon an order of the issuing or denying judge, or that judge's successor in office, and in any event must be kept for ten years. Duplicate recordings may be made for use or disclosure as permitted by this chapter. (B) The presence of the seal provided for by this section, or a satisfactory explanation for the absence thereof, must be a prerequisite for the use or disclosure of the contents of any wire, oral, or electronic communication or evidence derived therefrom as required by federal law. (C) Applications made and orders granted under this chapter must be sealed by the judge. Custody of the applications and orders must be wherever the judge directs. As required by federal law, the applications and orders must be disclosed only upon a showing of good cause before a judge of competent jurisdiction and must not be destroyed except on order of the issuing or denying judge, or that judge's successor in office, and in any event must be kept for ten years. (D) A violation of the provisions of this section may be punished as contempt of the issuing or denying judge. (E) Within a reasonable time but not later than ninety days after the termination of the period of an order or extensions of the order, the issuing or denying judge must cause to be served on the persons named in the order or the application, and those other parties to intercepted communications as the judge may determine in his discretion to be in the interest of justice, an inventory which must include notice of the: (1) fact of the entry of the order or the application; (2) date of the entry and the period of authorized, approved, or disapproved interception, or the denial of the application; and (3) the fact that during the period wire, oral, or electronic communications were or were not intercepted. The judge, upon the filing of a motion, must make available to the person or the person's counsel for inspection the portions of the intercepted communications, applications, testimony, recordings, and orders that would otherwise be discoverable under the South Carolina Rules of Evidence, unless otherwise provided by federal law or Rules of Court. On an ex parte showing of good cause to a judge of competent jurisdiction, the serving of the inventory required by this paragraph may be postponed.
S.C. Code Ann. § 17-24-50 — SC Code / Title 17 / Chapter 24 / Section 17-24-50
SECTION 17-24-50. Length of confinement or supervision of defendant found not guilty by reason of insanity.
Status: in_force

In no case shall a defendant found not guilty by reason of insanity be confined or be under supervision longer than the maximum sentence for the crime with which he was charged without full civil commitment proceedings being held.
S.C. Code Ann. § 17-22-55 — SC Code / Title 17 / Chapter 22 / Article 1 / Section 17-22-55
SECTION 17-22-55. Additional conditions for admission to pretrial intervention of person charged with fish, game, wildlife, or commercial fishery-related offense.
Status: in_force

As a condition of admission to the pretrial intervention program of a person charged with a fish, game, wildlife, or commercial fishery-related offense which does not disqualify him for intervention, this person shall pay an additional administrative charge equal to the maximum monetary fine, not to exceed five hundred dollars, which could be imposed for the offense. The administrative charge must be deposited in the game and fish fund of the county where the offense was committed. Also, if any property was seized and confiscated at the time of the arrest for the offense, as a condition of admission to the pretrial intervention program, the offender must agree to the retention and sale of that property as provided by law by the law enforcement agency making the seizure. The proceeds from the sale also must be deposited in the game and fish fund of the county wherein the offense was committed.
S.C. Code Ann. § 17-24-40 — SC Code / Title 17 / Chapter 24 / Section 17-24-40
SECTION 17-24-40. Commitment of person found not guilty by reason of insanity.
Status: repealed

(A) In the event a verdict of "not guilty by reason of insanity" is returned, the trial judge must order the person who was the defendant committed to the South Carolina State Hospital for a period not to exceed one hundred twenty days. During that time, an examination must be made of the person to determine the need for hospitalization of the person pursuant to the standards set forth in Section 44-17-580. (B) A report of the findings must be made to the chief administrative judge of the circuit in which the trial was held, the solicitor, the person, and the person's attorney. (C)(1) Within fifteen days after receipt of this report by the court, the chief administrative judge of the circuit in which the trial was held must hold a hearing to decide whether the person should be hospitalized pursuant to the standard of Section 44-17-580. (2)(a) If the chief administrative judge finds the person not to be in need of hospitalization, the judge may order the person released upon such terms or conditions, if any, as the judge considers appropriate for the safety of the community and the well-being of the person. (b) In the event the chief administrative judge finds the person to be in need of hospitalization, the judge must order the person committed to the South Carolina State Hospital. (c) If at a later date it is determined by officials of the State Hospital that the person is no longer in need of hospitalization, the officials must notify the chief administrative judge, the solicitor, the person, and the person's attorney. Within twenty-one days after the receipt of this notice, the chief administrative judge, upon notice to all parties, must hold a hearing to determine whether the person is in need of continued hospitalization pursuant to the standard of Section 44-17-580. If the finding of the court is that the person is in need of continued hospitalization, the court must order his continued confinement. If the court's finding is that the person is not in need of continued hospitalization, it may order the person released upon such terms and conditions, if any, as the chief administrative judge considers appropriate for the safety of the community and the well-being of the person. (D) Any terms and conditions imposed by the chief administrative judge must be therapeutic in nature, not punitive. Therapeutic terms must include, but not be limited to, requirements that the person: (1) continue taking medication for an indefinite time and verify in writing the use of medication; (2) receive periodic examinations and reviews by psychiatric personnel; and (3) report periodically to the probation office for an evaluation of his reaction to his environment and his general welfare. (E) The chief administrative judge of the circuit in which the trial was held at all times has jurisdiction over the person for the purposes of this chapter. (F) If a person is committed to the supervision of the Office of Mental Health pursuant to this section after having been found not guilty by reason of insanity of a violent crime, the person may not leave the facility or grounds to which he is committed at any time unless accompanied by an employee of the department who must be responsible for and in the physical presence of the person at all times. For purposes of this section, a violent crime includes those offenses described in Section 16-1-60 and the common law offense of assault and battery of a high and aggravated nature. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Editor's Note 2010 Act No. 273, SECTION 7.C, provides: "Wherever in the 1976 Code of Laws reference is made to the common law offense of assault and battery of a high and aggravated nature, it means assault and battery with intent to kill, as contained in repealed Section 16-3-620, and, except for references in Section 16-1-60 and Section 17-25-45, wherever in the 1976 Code reference is made to assault and battery with intent to kill, it means attempted murder as defined in Section 16-3-29."
S.C. Code Ann. § 17-17-90 — SC Code / Title 17 / Chapter 17 / Section 17-17-90
SECTION 17-17-90. Granting of writ during term of court.
Status: in_force

During the term of the circuit court for the county in which any prisoner is detained no person shall be removed from the common jail upon any writ of habeas corpus granted in pursuance of this chapter but, upon any such writ, shall be brought before the circuit judge, in open court, who is thereupon to do what to justice shall appertain.
S.C. Code Ann. § 17-5-10 — SC Code / Title 17 / Chapter 5 / Article 3 / Section 17-5-10
SECTION 17-5-10. Election of coroner.
Status: in_force

There must be an election for coroner by the qualified voters in each county at each alternate general election beginning with the election in the year 1948.
S.C. Code Ann. § 17-5-135 — SC Code / Title 17 / Chapter 5 / Article 3 / Section 17-5-135
SECTION 17-5-135. Opioid antidote administration by coroners.
Status: in_force

A coroner, deputy coroner, or coroner's designee may possess and administer an opioid antidote pursuant to the requirements of the South Carolina Overdose Prevention Act. The coroner, deputy coroner, or coroner's designee must comply with all of the requirements of Section 44-130-90 and is entitled to immunity from civil or criminal liability or professional disciplinary action when administering an opioid antidote to a person he believes in good faith is experiencing an opioid overdose.
S.C. Code Ann. § 17-15-180 — SC Code / Title 17 / Chapter 15 / Section 17-15-180
SECTION 17-15-180. Court may remit forfeiture in certain cases.
Status: in_force

If any person shall forfeit a recognizance from ignorance or unavoidable impediment and not from wilful default, the court of sessions may, on affidavit stating the excuse or cause thereof, remit the whole or any part of the forfeiture as may be deemed reasonable.
S.C. Code Ann. § 17-5-30 — SC Code / Title 17 / Chapter 5 / Article 3 / Section 17-5-30
SECTION 17-5-30. Official oaths; commission.
Status: in_force

Before the coroner is qualified to act, he must take and subscribe the constitutional oath of office and also the additional oath required by Section 8-3-20. When a person has been elected or designated for appointment to the office of coroner and has taken and subscribed the oaths and given the bond as required by law, the Governor must issue a commission to him accordingly.
S.C. Code Ann. § 17-22-320 — SC Code / Title 17 / Chapter 22 / Article 3 / Section 17-22-320
SECTION 17-22-320. Eligibility.
Status: in_force

(A) A person may be considered for a traffic education program if he has no significant history of traffic violations. A person may not participate in a traffic education program more than once. (B) A person's participation in a traffic education program does not prevent his participation in a pretrial intervention program pursuant to the provisions and conditions of Article 1.
S.C. Code Ann. § 17-7-90 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-90
SECTION 17-7-90. Persons subject to jury duty are liable to serve on an inquest.
Status: in_force

All persons subject to jury duty in the circuit courts shall be liable to serve as jurors on an inquest on a dead body found within their county.
S.C. Code Ann. § 17-1-45 — SC Code / Title 17 / Chapter 1 / Section 17-1-45
SECTION 17-1-45. Expungement notice requirement.
Status: in_force

South Carolina Court Administration shall include on all bond paperwork and courtesy summons the following notice: "If the charges that have been brought against you are discharged, dismissed, or nolle prossed or if you are found not guilty, you may have your record expunged."
S.C. Code Ann. § 17-25-125 — SC Code / Title 17 / Chapter 25 / Article 1 / Section 17-25-125
SECTION 17-25-125. Sentence for crimes involving the unlawful taking or receiving of or malicious injury to property may not be suspended unless restitution made.
Status: in_force

Notwithstanding any other provision of law, in every case in which a person is sentenced for a crime involving the unlawful taking or receiving of or malicious injury to another's property, and the judge sentences such person less than the maximum sentence prescribed by law, a portion of such sentence may be suspended and the defendant placed on probation if he makes restitution to the victim in an amount equal to the monetary loss sustained by the victim as determined by the judge. If the defendant fails to make restitution in accordance with the terms prescribed by the judge, the suspension shall be revoked and the defendant shall serve the original sentence. Nothing contained herein shall preclude a judge from prescribing other conditions of probation.
S.C. Code Ann. § 17-23-170 — SC Code / Title 17 / Chapter 23 / Section 17-23-170
SECTION 17-23-170. Admissibility of evidence concerning battered spouse syndrome; foundation; notice; lay testimony.
Status: in_force

(A) Evidence that the actor was suffering from the battered spouse syndrome is admissible in a criminal action on the issue of whether the actor lawfully acted in self-defense, defense of another, defense of necessity, or defense of duress. This section does not preclude the admission of testimony on battered spouse syndrome in other criminal actions. This testimony is not admissible when offered against a criminal defendant to prove the occurrence of the act or acts of abuse which form the basis of the criminal charge. (B) Expert opinion testimony on the battered spouse syndrome shall not be considered a new scientific technique the reliability of which is unproven. (C) Lay testimony as to the actions of the batterer and how those actions contributed to the facts underlying the basis of the criminal charge shall not be precluded as irrelevant or immaterial if it is used to establish the foundation for evidence on the battered spouse syndrome. (D) The foundation shall be sufficient for the admission of testimony on the battered spouse syndrome if the proponent of the evidence establishes its relevancy and the proper qualifications of the witness. (E) A defendant who proposes to offer evidence of the battered spouse syndrome shall file written notice with the court before trial.
S.C. Code Ann. § 17-22-560 — SC Code / Title 17 / Chapter 22 / Article 5 / Section 17-22-560
SECTION 17-22-560. Records.
Status: in_force

Each circuit solicitor shall submit to the Commission on Prosecution Coordination necessary identifying information on each enrollee for the creation and maintenance of a list of enrollees in alcohol education programs. This list is to be used by the commission for the sole purpose of complying with Section 17-22-520(A) and (B). The information maintained by the commission may be released only to a circuit solicitor for the purpose of determining eligibility for an alcohol education program.
S.C. Code Ann. § 17-13-170 — SC Code / Title 17 / Chapter 13 / Section 17-13-170
SECTION 17-13-170. Law enforcement authorization to determine immigration status; reasonable suspicion; procedures; data collection on motor vehicle stops.
Status: in_force

(A) If a law enforcement officer of this State or a political subdivision of this State lawfully stops, detains, investigates, or arrests a person for a criminal offense, and during the commission of the stop, detention, investigation, or arrest the officer has reasonable suspicion to believe that the person is unlawfully present in the United States, the officer shall make a reasonable effort, when practicable, to determine whether the person is lawfully present in the United States, unless the determination would hinder or obstruct an investigation. (B)(1) If the person provides the officer with a valid form of any of the following picture identifications, the person is presumed to be lawfully present in the United States: (a) a driver's license or picture identification issued by the South Carolina Department of Motor Vehicles; (b) a driver's license or picture identification issued by another state; (c) a picture identification issued by the United States, including a passport or military identification; or (d) a tribal picture identification. (2) It is unlawful for a person to display, cause or permit to be displayed, or have in the person's possession a false, fictitious, fraudulent, or counterfeit picture identification for the purpose of offering proof of the person's lawful presence in the United States. A person who violates the provisions of this item: (a) for a first offense, is guilty of a misdemeanor, and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days; and (b) for a second offense or subsequent offenses, is guilty of a felony, and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than five years. (3) If the person cannot provide the law enforcement officer with any of the forms of picture identification listed in this subsection, the person may still be presumed to be lawfully present in the United States, if the officer is able to otherwise verify that the person has been issued any of those forms of picture identification. (4) If the person is operating a motor vehicle on a public highway of this State without a driver's license in violation of Section 56-1-20, the person may be arrested pursuant to Section 56-1-440. (5) If the person meets the presumption established pursuant to this subsection, the officer may not further stop, detain, investigate, or arrest the person based solely on the person's lawful presence in the United States. (6) This section does not apply to a law enforcement officer who is acting as a school resource officer for any elementary or secondary school. (C)(1) If the person does not meet the presumption established pursuant to subsection (B), the officer shall make a reasonable effort, when practicable, to verify the person's lawful presence in the United States by at least one of the following methods: (a) contacting the Illegal Immigration Enforcement Unit within the South Carolina Department of Public Safety; (b) submitting an Immigration Alien Query through the International Justice and Public Safety Network; (c) contacting the United States Immigration and Customs Enforcement's Law Enforcement Support Center; or (d) contacting the United States Immigration and Customs Enforcement's local field office. (2) The officer shall stop, detain, or investigate the person only for a reasonable amount of time as allowed by law. If, after making a reasonable effort, the officer is unable to verify the person's lawful presence in the United States by one of the methods described in item (1), the officer may not further stop, detain, investigate, or arrest the person based solely on the person's lawful presence in the United States. (3) If the officer verifies that the person is lawfully present in the United States, the officer may not further stop, detain, investigate, or arrest the person based solely on the person's lawful presence in the United States. (4) If the officer determines that the person is unlawfully present in the United States, the officer shall determine in cooperation with the Illegal Immigration Enforcement Unit within the South Carolina Department of Public Safety or the United States Immigration and Customs Enforcement, as applicable, whether the officer shall retain custody of the person for the underlying criminal offense for which the person was stopped, detained, investigated, or arrested, or whether the Illegal Immigration Enforcement Unit within the South Carolina Department of Public Safety or the United States Immigration and Customs Enforcement, as applicable, shall assume custody of the person. The officer is not required by this section to retain custody of the person based solely on the person's lawful presence in the United States. The officer may securely transport the person to a federal facility in this State or to any other point of transfer into federal custody that is outside of the officer's jurisdiction. The officer shall obtain judicial authorization before securely transporting a person to a point of transfer that is outside of this State. (D) Nothing in this section must be construed to require a law enforcement officer to stop, detain, investigate, arrest, or confine a person based solely on the person's lawful presence in the United States. A law enforcement officer may not attempt to make an independent judgment of a person's lawful presence in the United States. A law enforcement officer may not consider race, color, or national origin in implementing this section, except to the extent permitted by the United States or South Carolina Constitution. This section must be implemented in a manner that is consistent with federal laws regulating immigration, protecting the civil rights of all persons, and respecting the privileges and immunities of United States citizens. (E) Except as provided by federal law, officers and agencies of this State and political subdivisions of this State may not be prohibited or restricted from sending, receiving, or maintaining information related to the immigration status of any person or exchanging that information with other federal, state, or local government entities for the following purposes: (1) determining eligibility for any public benefit, service, or license provided by the federal government, this State, or a political subdivision of this State; (2) verifying any claim of residence or domicile, if determination of residence or domicile is required under the laws of this State or a judicial order issued pursuant to a civil or criminal proceeding in this State; (3) determining whether an alien is in compliance with the federal registration laws prescribed by Chapter 7, Title II of the federal Immigration and Nationality Act; or (4) pursuant to 8 U.S.C. Section 1373 and 8 U.S.C. Section 1644. (F) Nothing in this section must be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release. However, pursuant to the provisions of Section 17-15-30, a court setting bond shall consider whether the person charged is an alien unlawfully present in the United States. (G) No official, agency, or political subdivision of this State may limit or restrict the enforcement of this section or federal immigration laws. (H) This section does not implement, authorize, or establish, and shall not be construed to implement, authorize, or establish the federal Real ID Act of 2005. (I) Any time a motor vehicle is stopped by a state or local law enforcement officer without a citation being issued or an arrest being made, and the officer contacts the Illegal Immigration Enforcement Unit within the Department of Public Safety pursuant to this section, the officer who initiated the stop must complete a data collection form designed by the Department of Public Safety, which must include information regarding the age, gender, and race or ethnicity of the driver of the vehicle. This information may be gathered and transmitted electronically under the supervision of the Department of Public Safety, which shall develop and maintain a database storing the information collected. The Department of Public Safety must promulgate regulations with regard to the collection and submission of the information gathered. In addition, the Department of Public Safety shall prepare a report to be posted on the Department of Public Safety's website regarding motor vehicle stops using the collected information. The General Assembly shall have the authority to withhold any state funds or federal pass-through funds from any state or local law enforcement agency that fails to comply with the requirements of this subsection. Validity For validity of this section, see U.S. v. South Carolina, 840 F.Supp.2d 898 (D.S.C. December 22, 2011).
S.C. Code Ann. § 17-25-510 — SC Code / Title 17 / Chapter 25 / Article 5 / Section 17-25-510
SECTION 17-25-510. Definitions.
Status: in_force

As used in this article: (1) "Office" means Office of the Attorney General, South Carolina Crime Victim Services Division. (2) "Convicted" includes any conviction by entry of a plea of guilty or nolo contendere, conviction after trial, a finding of guilty but mentally ill, or a finding of not guilty by reason of insanity. (3) "Eligible person" means: (a) a victim of the particular crime in question who has suffered direct or threatened physical, psychological, or financial harm as a result of the commission of the particular crime; (b) a victim's spouse; (c) a victim's parent; (d) a victim's child; (e) a spouse, parent, child, or lawful representative of a victim who is: (i) deceased; (ii) a minor; (iii) incompetent; or (iv) physically or psychologically incapacitated; or (f) a person dependent for principal support on the deceased victim of the crime. "Eligible person" does not include the offender criminally responsible for the crime in question or a person aiding or abetting the offender criminally responsible. (4) "Offender" means the person convicted of the particular crime in question. (5) "Profit from a crime" includes any of the following: (a) property obtained through or income generated from the commission of a crime for which the offender was convicted; (b) property obtained or income generated from the sale, conversion, or exchange of proceeds of a crime for which the offender was convicted, including gain realized by the sale, conversion, or exchange; or (c) property which the offender obtained or income generated as a result of having committed the crime for which the offender was convicted, including assets obtained through the unique knowledge obtained during the commission of or in preparation for the commission of the crime, as well as any property obtained by or income generated from the sale, conversion, or exchange of that property and any gain realized by that sale, conversion, or exchange. Code Commissioner's Note Pursuant to 2017 Act No. 96, SECTION 14, the reference to "State Office of Victim Assistance in the office of the Governor" in (1) was changed to "Office of the Attorney General, South Carolina Crime Victim Services Division".
S.C. Code Ann. § 17-27-150 — SC Code / Title 17 / Chapter 27 / Section 17-27-150
SECTION 17-27-150. Discovery in post-conviction relief proceeding.
Status: in_force

(A) A party in a noncapital post-conviction relief proceeding shall be entitled to invoke the processes of discovery available under the South Carolina Rules of Civil Procedure if, and to the extent that, the judge in the exercise of his discretion and for good cause shown grants leave to do so, but not otherwise. If necessary for the effective utilization of discovery procedures, counsel may be appointed by the judge for an applicant who qualifies for appointment pursuant to Section 17-27-60 or similar applicable provisions of law. (B) A party in a capital post-conviction relief proceeding shall be entitled to invoke the processes of discovery available under the South Carolina Rules of Civil Procedure. Editor's Note 1996 Act No. 448, SECTION 1, eff June 18, 1996, provides as follows: "SECTION 1. This act [consisting of SECTIONS 16-3-21, 17-25-380, 17-27-130, 17-27-150, and 17-27-160] is known and may be cited as the 'South Carolina Effective Death Penalty Act of 1996'."
S.C. Code Ann. § 17-23-160 — SC Code / Title 17 / Chapter 23 / Section 17-23-160
SECTION 17-23-160. Notice of right to preliminary hearing; form for request.
Status: in_force

When any person charged with a crime who is entitled to a preliminary hearing on such charges appears in person or by counsel in a hearing to set bond, he shall be notified by a magistrate orally and in writing of his right to such preliminary hearing. When a person is notified of his right to a preliminary hearing, he shall be furnished a simple form providing him an opportunity to request a preliminary hearing by signing and returning this form to the advising magistrate then and there or thereafter. Any person so notified who fails to timely request a preliminary hearing shall lose his right to such hearing.
S.C. Code Ann. § 17-30-120 — SC Code / Title 17 / Chapter 30 / Section 17-30-120
SECTION 17-30-120. Determination of facility as prerequisite to interception when facility not specified in order; petition by provider to modify or quash.
Status: in_force

If an interception of a communication is to be carried out pursuant to Section 17-30-115, the interception may not begin until the facilities from which, or the place where, the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order as provided under Section 17-30-115 may petition the court to modify or quash the order on the ground that the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the State, must decide such a petition expeditiously.
S.C. Code Ann. § 17-21-90 — SC Code / Title 17 / Chapter 21 / Section 17-21-90
SECTION 17-21-90. Costs when venue is changed; disposition of fine.
Status: in_force

Whenever a criminal case is transferred from one county to another for trial all the costs and expenses of such trial shall be paid by the county in which the bill of indictment was found. The clerk of court of the county in which the bill of indictment was found, his deputy or some other person designated for the purpose by such clerk of court shall attend upon such trial to issue vouchers or warrants for such costs and expenses in like manner as if the case were tried in the county in which the bill of indictment was found and such costs and expenses shall be paid by the treasurer of such county as other court expenses of such county are paid. And in the event a verdict of guilty is returned against the defendant named in the bill of indictment and a fine is imposed as well as any other penalty and such fine be paid the proceeds of such fine shall be delivered to the clerk of court of the county having original jurisdiction by the clerk of court of the county in which the verdict was obtained.
S.C. Code Ann. § 17-7-610 — SC Code / Title 17 / Chapter 7 / Article 5 / Section 17-7-610
SECTION 17-7-610. Warrant in case of wilful killing.
Status: in_force

If the finding of the inquest be wilful killing by the hands or means of another the coroner shall forthwith issue his warrant directed to the sheriff or to one or more constables for the county for all the persons implicated by such finding.
S.C. Code Ann. § 17-22-350 — SC Code / Title 17 / Chapter 22 / Article 3 / Section 17-22-350
SECTION 17-22-350. Fees; waiver; distribution of fee proceeds.
Status: in_force

(A) A person shall pay a nonrefundable one hundred forty-dollar fee to apply for a traffic education program that cannot be reduced or suspended. Additionally, a person shall pay a nonrefundable fee, not to exceed one hundred forty dollars, to participate in a traffic education program. Participation in a traffic education program may not be denied due to a person's inability to pay. If a person is deemed unable to pay, both the application fee and the participation fee must be waived. (B) For offenses that would have been otherwise tried in magistrates court, the governmental agency administering the program shall retain the participation fee to support the traffic education program. The application fees must be remitted to the county treasurer. The county treasurer shall remit 9.17 percent of the revenue from the application fees to the county to be used for the purposes set forth in Section 14-1-207(D) and remit the balance of the revenue from the application fees to the Office of the State Treasurer on a monthly basis, by the fifteenth day of each month, and make reports on a form and in a manner prescribed by the State Treasurer. Fees paid in installments must be remitted as received. The State Treasurer shall deposit the amounts received as follows: (1) 23.62 percent to the Department of Probation, Parole and Pardon Services; (2) 15.12 percent to the South Carolina Criminal Justice Academy; (3) .44 percent to the Department of Public Safety's South Carolina Law Enforcement Officers Hall of Fame; (4) 13.73 percent to the Office of the Attorney General, South Carolina Crime Victim Services Division; (5) 6.01 percent to the General Fund; (6) 10.97 percent to the Commission on Indigent Defense; (7) 1.34 percent to the Attorney General's Office; (8) .90 percent to the Department of Juvenile Justice Arbitration Program; (9) .81 percent to the Department of Juvenile Justice Marine Institutes; (10) .90 percent to the Department of Juvenile Justice Regional Status Offender Program; (11) 3.95 percent to the Department of Juvenile Justice Coastal Evaluation Center; (12) 6.74 percent to the Circuit Solicitors; (13) 2.68 percent to the State Law Enforcement Division; (14) 2.68 percent to the Department of Corrections; (15) .67 percent to the Judicial Department; (16) .28 percent to the Department of Natural Resources; and (17) .02 percent to the Forestry Commission. (C) For offenses that would have been otherwise tried in municipal court, the governmental agency administering the program shall retain the participation fees to support the traffic education program. The application fees must be remitted to the city treasurer. The city treasurer shall remit 9.17 percent of the revenue from the application fees to the municipality to be used for the purposes set forth in Section 14-1-208(D) and remit the balance of the revenues from the application fees to the Office of the State Treasurer on a monthly basis, by the fifteenth day of each month, and make reports on a form and in a manner prescribed by the State Treasurer. Fees paid in installments must be remitted as received. The State Treasurer must deposit the amounts received as follows: (1) 10.25 percent to the Department of Probation, Parole and Pardon Services; (2) 10.13 percent to the South Carolina Criminal Justice Academy; (3) .26 percent to the Department of Public Safety's South Carolina Law Enforcement Officer's Hall of Fame; (4) 7.57 percent to the Office of the Attorney General, South Carolina Crime Victim Services Division; (5) 2.77 percent to the General Fund; (6) 11.02 percent to the Commission on Indigent Defense; (7) 1.07 percent to the Attorney General's Office; (8) .65 percent to the Department of Behavioral Health and Developmental Disabilities; (9) 7.64 percent for the programs established pursuant to Section 56-5-2953(E); (10) 9.93 percent to the Governor's Task Force on Litter; (11) 9.93 percent to the Department of Juvenile Justice; (12) .90 percent to the Department of Juvenile Justice Arbitration Program; (13) .81 percent to the Department of Juvenile Justice Marine Institutes; (14) .90 percent to the Department of Juvenile Justice Regional Status Offender Program; (15) 3.95 percent to the Department of Juvenile Justice Coastal Evaluation Center; (16) 6.74 percent to the Circuit Solicitors; (17) 2.68 percent to the State Law Enforcement Division; (18) 2.68 percent to the Department of Corrections; (19) .67 percent to the Judicial Department; (20) .28 percent to the Department of Natural Resources; and (21) .02 percent to the Forestry Commission. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Pursuant to 2017 Act No. 96, SECTION 14, the references to "State Office of Victim Assistance" in (B)(4) and (C)(4) were changed to "Office of the Attorney General, South Carolina Crime Victim Services Division".
S.C. Code Ann. § 17-22-30 — SC Code / Title 17 / Chapter 22 / Article 1 / Section 17-22-30
SECTION 17-22-30. Circuit solicitors to establish pretrial intervention programs; oversight of administrative procedures.
Status: in_force

(A) Each circuit solicitor shall have the prosecutorial discretion as defined herein and shall as a matter of such prosecutorial discretion establish a pretrial intervention program in the respective circuits. (B) The circuit solicitors are specifically endowed with and shall retain all discretionary powers under the common law. (C) A pretrial intervention program shall be under the direct supervision and control of the circuit solicitor; however, he may contract for services with any agency desired. (D) The South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for the Circuit Solicitors' Pretrial Intervention Programs.
S.C. Code Ann. § 17-15-35 — SC Code / Title 17 / Chapter 15 / Section 17-15-35
SECTION 17-15-35. Definitions; electronic monitoring as condition of bond.
Status: in_force

(A) As used in this section: (1) "Approved active electronic monitoring device" and "monitoring device" means a body worn or non-body worn device or mobile phone application approved by the South Carolina Law Enforcement Division which records or transmits oral or wire communications or an auditory sound, visual images, or information regarding the person's location and activities, that must verify live biometric, photographic, or videographic identification information, and that timely records and reports the person's location. (2) "Approved electronic monitoring agency" means a law enforcement agency, licensed bondsman or bonding company, or electronic monitoring company that is certified by the South Carolina Law Enforcement Division to supply, maintain, and monitor electronic monitoring devices to participants ordered by the court to wear electronic monitoring devices under the provisions of this section. (3) "SLED" means the South Carolina Law Enforcement Division. (4) "Monitoring agency" or "agency" means an approved electronic monitoring agency. (5) "Participant" means a person, ordered by the court or as a condition of bond to wear or possess an approved electronic monitoring device. (B)(1) The court, in its discretion, may, for a person charged with a violation of criminal offense under the jurisdiction of the court of general sessions or any offense where the court finds sufficient evidence of a concern for the victim's safety or the safety of any member of the public, order that the person be placed on surveillance via an approved active electronic monitoring device which must be worn or possessed at all times for the duration specified by the court, either in lieu of setting or requiring the posting of bond or as an additional condition of the release on bond. (2) For pretrial bond consideration, the judge is not limited to nonviolent offenses, but must take into consideration all concerns relating to the setting of an appropriate bond under Section 22-5-510, Sections 17-15-10, et seq., and Section 16-25-120. The device must be capable of recording the person's location at all times. If the court orders a device, before the participant is allowed to leave custody, the detention facility where the defendant is located, in coordination with the approved monitoring agency, must ensure the participant is fitted with an approved active electronic monitoring device, and that all appropriate bond paperwork, including the agreement with the bonding and electronic monitoring companies acknowledging the terms and restrictions of the bond, is completed. (3) The participant who is ordered on supervision must: (a) wear an approved device at all times to verify his compliance with the conditions of his detention or if the device is not body worn, must maintain possession of his approved device on or near his person at all times for the duration of the detention and must verify his identity and location at any time required by the order of the court and must maintain the monitoring device on or near his person at all times for the duration of the detention, subject to the order of the court and reasonable orders of an agent or employee of the monitoring agency in order to effectuate the conditions of the monitoring order. For purposes of this subsection, "near" means within hearing distance of the device's notification or call alerts but not farther than thirty feet. In areas of the State where cellular coverage requires the use of an alternate device, the approved electronic monitoring company may use an alternate approved device with approval of the court; (b) charge and maintain the monitoring device in working order and must report any damage, destruction, or noticeable malfunction of the active monitoring device, whether the incident was accidental or intentional, and including the device having a dead battery, to at least one of the following parties within two hours of the incident: the monitoring agency, the appropriate law enforcement agency with jurisdiction over the underlying offense, or any other party specified in the order; (c) abide by other terms and conditions set forth by the approved electronic monitoring agency with regard to the monitoring device and electronic monitoring program; (d) turn himself in to custody of the appropriate detention facility upon the order of the monitoring agency, or the appropriate law enforcement agency with jurisdiction over the offense; and (e) pay for the cost of the approved active electronic monitoring device and the operation of the monitoring device for the duration of the time the person is required to be electronically monitored, subject to an order of indigency by the court. The summary court or circuit court has jurisdiction upon motion of the defendant to consider exempting a person from the payment of a part or all of the cost during a part or all of the duration of the time the person is required to be electronically monitored, if it is determined that exceptional circumstances exist such that these payments cause a severe hardship to the person who is deemed indigent. If the indigency hearing is held at a time and date separate from the initial bond hearing, the defense must notify the prosecutor, the bondsman, and the monitoring agency of the date, time, and location of the hearing subject to the notice requirements of the court. The payment of the cost must be a condition of supervision of the person and a delinquency of two weeks or more in making payments may operate as a violation of a term or condition of the electronic monitoring and bond. No person shall be denied the privilege of electronic monitoring under this statute based on inability to pay upon a finding by the court that the defendant meets the qualifications for indigency. The State shall allocate funds to be housed in an indigency fund under the control of the Department of Public Safety to be distributed to the monitoring companies as appropriate to cover the cost of indigent participants. (C) A participant ordered by the court to be monitored under the provisions of this section, who fails to comply with any of the provisions of this section or who fails to comply with any additional condition of the court order including location restrictions, may have his bond revoked or may be punished for contempt at the discretion of the court. (D) It is unlawful for any person, knowingly and without authority, to remove, tamper with, damage, destroy, shield the signal from, or otherwise circumvent an active electronic monitoring device, or to aid or assist a person ordered by the court to be electronically monitored under the provisions of this section to remove, tamper with, damage, destroy, shield the signal from, or otherwise circumvent a monitoring device and, upon conviction, the person must be punished under the provisions of Section 24-13-425. This subsection does not apply to a person or agent of the electronic monitoring agency or bonding company, or a member of law enforcement acting under the authority of and with compliance to the court order. (E)(1) Upon violation of any of these requirements and a showing by affidavit and supporting records by the electronic monitoring company on a domestic violence bond or general sessions bond or where emergency circumstances exist on any other bond, the approved electronic monitoring company may approach a summary court judge for a bench warrant if one is not already provided for in the bond paperwork or other court order. Law enforcement shall immediately attempt to locate and incarcerate the defendant upon notice of the bench warrant. After incarceration, the prosecutor must be notified and the defendant must be brought before a summary court judge within three calendar days or before a circuit court judge within three business days, whichever has jurisdiction of the underlying charge, to determine whether the bond is to be reconsidered or bond conditions amended. The prosecution must provide the defense with any relevant evidence regarding the alleged violation within a reasonable time before the hearing and the hearing may be continued for cause. (2) Nothing in this section shall reduce any duty of the bondsman to pick up the offending bailee and immediately incarcerate him for violation of bond conditions. Failure to do so may lead to bond estreatment for failure to enforce bond conditions by the bondsman and possible other administrative or criminal action. (3) Nothing in this section may be used to hold the electronic monitoring agency civilly liable for any criminal acts of the defendant committed while being monitored. Editor's Note 2023 Act No. 83, SECTION 19, provides as follows: "SECTION 19. This act takes effect upon approval by the Governor; however, the provisions of Sections 17-15-35 and 17-15-37 take effect six months after approval by the Governor, and the provisions of Section 38-53-10(12) take effect July 1, 2024."
S.C. Code Ann. § 17-22-930 — SC Code / Title 17 / Chapter 22 / Article 9 / Section 17-22-930
SECTION 17-22-930. Obtaining and mandatory use of expungement form.
Status: in_force

A person applying to expunge a criminal record shall obtain the appropriate blank expungement order form from the solicitor's office in the judicial circuit where the charge originated. The use of this form is mandatory and to the exclusion of all other expungement forms.
S.C. Code Ann. § 17-27-70 — SC Code / Title 17 / Chapter 27 / Section 17-27-70
SECTION 17-27-70. Court procedure on receipt of application.
Status: in_force

(a) Within thirty days after the docketing of the application, or within any further time the court may fix, the State shall respond by answer or by motion which may be supported by affidavits. At any time prior to entry of judgment the court may, when appropriate, issue orders for amendment of the application or any pleading or motion, for pleading over, for filing further pleadings or motions, or for extending the time of the filing of any pleading. In considering the application, the court shall take account of substance, regardless of defects of form. If the application is not accompanied by the record of the proceedings challenged therein, the respondent shall file with its answer the record or portions thereof that are material to the questions raised in the application. (b) When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to post-conviction relief and no purpose would be served by any further proceedings, it may indicate to the parties its intention to dismiss the application and its reasons for so doing. The applicant shall be given an opportunity to reply to the proposed dismissal. In light of the reply, or on default thereof, the court may order the application dismissed or grant leave to file an amended application or direct that the proceedings otherwise continue. Disposition on the pleadings and record is not proper if there exists a material issue of fact. (c) The court may grant a motion by either party for summary disposition of the application when it appears from the pleadings, depositions and admissions and agreements of fact, together with any affidavits submitted, that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
S.C. Code Ann. § 17-5-570 — SC Code / Title 17 / Chapter 5 / Article 7 / Section 17-5-570
SECTION 17-5-570. Release and burial of dead bodies; preservation and disposition of unidentified dead bodies.
Status: in_force

(A) After the post-mortem examination, autopsy, or inquest has been completed, the dead body must be released to the person lawfully entitled to it for burial. If no person claims the body, the coroner or medical examiner must notify the board created pursuant to Section 44-43-510. If the board does not accept the body, the body must be turned over to the coroner of the county where death occurred for disposition as provided by law. If the deceased has an estate out of which burial expenses can be paid either in whole or in part, the estate must be taken for that purpose before an expense under this section is imposed upon a county. (B) If the body cannot be identified through reasonable efforts, the coroner must forward the body to the Medical University of South Carolina or other suitable facility for preservation. If the body remains unidentified thirty days after the coroner forwarded the body, the Medical University of South Carolina or other facility preserving the body must immediately notify the State Law Enforcement Division (SLED). If the body has not been identified within thirty days after SLED has entered the unidentified person's DNA profile into the Combined DNA Indexing System pursuant to Section 23-3-635, the Medical University may retain possession of the body for its use and benefit or return the body to the coroner of the county where death occurred for disposition as provided by law. A facility other than the Medical University utilized by the coroner for storage of an unidentified body may dispose of the body as provided by law or return the body to the coroner of the county where death occurred for disposition. (C) If an unidentified body is preserved at the Medical University, the county is responsible for transporting the body to and from the Medical University; however, the county is not responsible for the cost of preserving the body at the Medical University. If an unidentified body is preserved at the Medical University, the Medical University must absorb the cost of preserving the body for not less than thirty days. Editor's Note 2008 Act No. 413, SECTION 3.A provides as follows: "This SECTION may be referred to and cited as the 'Unidentified Human Remains DNA Database Act'." 2008 Act No. 413, SECTION 7 provides as follows: "The provisions of Section 17-28-350 become effective upon the signature of the Governor. All other provisions become effective January 1, 2009. The enactment of these provisions prior to the effective date indicates the intent of the General Assembly that statewide laws or practices shall exist to ensure additional procedures for post-conviction DNA testing, and proper preservation of biological evidence connected to murder, rape, and nonnegligent homicide in order that application for available federal funds shall be made by the appropriate agencies and considered by the appropriate federal agencies prior to the effective date."
S.C. Code Ann. § 17-30-35 — SC Code / Title 17 / Chapter 30 / Section 17-30-35
SECTION 17-30-35. Lawful interceptions of electronic communications.
Status: in_force

(A) It is lawful under this chapter for a person to: (1) intercept or access an electronic communication made through an electronic communication system that is configured so that the electronic communication is readily accessible to the general public; (2) intercept any radio communication which is transmitted by: (a) any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress; (b) any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including any police or fire communications system, readily accessible to the general public; (c) a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or (d) any marine or aeronautical communications system; (3) engage in conduct which is: (a) prohibited by Section 633 of the Communications Act of 1934; or (b) excepted from the application of Section 705(a) of the Communications Act of 1934 and by Section 705(b) of that act; (4) intercept any wire or electronic communication the transmission of which is causing harmful interference to any lawfully operating station of consumer electronic equipment to the extent necessary to identify the source of the interference; (5) intercept, if the person is another user of the same frequency, any radio communication that is not scrambled or encrypted made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of the system; (6) intercept a satellite transmission that is not scrambled or encrypted and that is transmitted: (a) to a broadcasting station for purposes of retransmission to the general public; or (b) as an audio subcarrier intended for redistribution to facilities open to the public, but not including data transmissions or telephone calls, when the interception is not for the purposes of direct or indirect commercial advantage or private financial gain; or (7) intercept and privately view a private satellite video communication that is not scrambled or encrypted or to intercept a radio communication that is transmitted on frequencies allocated under Subpart D of Part 74 of the rules of the Federal Communications Commission that is not scrambled or encrypted, if the interception is not for an unlawful purpose or for purposes of direct or indirect commercial advantage or private commercial gain. (B) It is lawful under this chapter for a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service, from fraudulent, unlawful, or abusive use of such service.
S.C. Code Ann. § 17-15-500 — SC Code / Title 17 / Chapter 15 / Section 17-15-500
SECTION 17-15-500. Pretrial Reform Commission created.
Status: in_force

(A) There is established the South Carolina Pretrial Reform Commission composed of fifteen members as follows: (1) three members to be appointed by the Chairman of the Senate Judiciary Committee; (2) three members to be appointed by the Chairman of the House of Representatives Judiciary Committee; (3) three members of the judiciary to be appointed by the Chief Justice of the South Carolina Supreme Court; (4) three members of the executive branch to be appointed by the Governor; and (5) three members of the directly impacted community, including one crime survivor, one person that has been through the pretrial system, and a community member at large to be jointly appointed by the Chairmen of both the House and Senate Judiciary Committees. (B) The members of the commission may begin meeting when at least a quorum has been appointed and shall elect one member to serve as chairman. A quorum shall consist of at least eight members. (C) The primary duty of the South Carolina Pretrial Reform Commission is to prepare a comprehensive report that reviews and recommends: (1) appropriate changes to the current pretrial system for all criminal offenses; (2) maintaining, amending, or abolishing the current system for determining pretrial release or detention; and (3) guidelines for legislation to improve the processing of cases in the court of general sessions, community safety, and court appearance outcomes. (D) The purpose of the report is to enable the General Assembly to consider the Pretrial Reform Commission's findings and determine whether state laws should be amended. (E) In making its recommendations, the commission must consider current case processing and correctional resources including, but not limited to, the capacities of local jails, community-based service providers, and state courts. (F) The Pretrial Reform Commission must deliver its report and recommendations to the Chairman of the Senate Judiciary Committee and the Chairman of the House Judiciary Committee no later than July 1, 2024, and the commission shall terminate when the report is made. (G) The Supreme Court shall provide appropriate staff for the commission. The Chairman of the Senate Judiciary Committee may provide additional staff for the Senate members, and the Chairman of the House Judiciary Committee may provide additional staff for the House members. (H) Members of the Pretrial Reform Commission may receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.
S.C. Code Ann. § 17-27-120 — SC Code / Title 17 / Chapter 27 / Section 17-27-120
SECTION 17-27-120. Construction.
Status: in_force

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
S.C. Code Ann. § 17-22-370 — SC Code / Title 17 / Chapter 22 / Article 3 / Section 17-22-370
SECTION 17-22-370. Submission of information necessary for creation and maintenance of list of participants.
Status: in_force

Each governmental agency that administers a traffic education program shall submit to the Commission on Prosecution Coordination necessary identifying information on each participant for the creation and maintenance of a list of participants in traffic education programs. This list is to be used by the commission for the sole purpose of complying with Section 17-22-320(A). The information collected by the commission only may be released to a governmental agency administering the program for the purpose of determining eligibility for a traffic education program.
S.C. Code Ann. § 17-21-80 — SC Code / Title 17 / Chapter 21 / Section 17-21-80
SECTION 17-21-80. Change of venue; notice, application, and affidavit.
Status: in_force

The circuit courts shall have power to change the venue in all criminal cases pending therein, and over which they have original jurisdiction, by ordering the record to be removed to another county in the same circuit. The application for removal must be made to the judge sitting in regular term by some party interested, by the solicitor of the circuit or by the accused, supported by affidavit that a fair and impartial trial cannot be had in the county where such action or prosecution was commenced. The State shall have the same right to make application for a change of venue that a defendant has in cases of murder, arson, rape, burglary, perjury, forgery or grand larceny; provided, that no change of venue shall be granted in such cases until a true bill has been found by a grand jury. Four days' notice of such application in civil and criminal cases shall be given to the adverse party, and if a change is ordered, it shall be to a county in the same judicial circuit; provided, further, that such adverse party to whom notice is given shall have the right to waive it. The circuit judge shall have the power, upon application made to him by either party, upon proper cause shown, to shorten or extend the time for the hearing of the application for a change of venue.
S.C. Code Ann. § 17-25-60 — SC Code / Title 17 / Chapter 25 / Article 1 / Section 17-25-60
SECTION 17-25-60. Change of sentence when former convictions were not considered at time of imposition.
Status: in_force

If during the service of any such sentence, it is made to appear to the court that the defendant had been convicted of one or more crimes which were not taken into account at the time of the imposition of the original sentence, the court is authorized to issue a rule directed to the defendant requiring him to show cause before the court, not less than ten days from the granting of the rule, why the former sentence should not be revoked and the defendant be sentenced as required if all of the convictions had been brought to the attention of the court at the time of the imposition of the original sentence.
S.C. Code Ann. § 17-3-85 — SC Code / Title 17 / Chapter 3 / Article 1 / Section 17-3-85
SECTION 17-3-85. Fiscal year-end disposition of unexpended appropriations for payment of private appointed counsel for counties without public defender corporations.
Status: in_force

At the end of each fiscal year all funds appropriated for counties without public defender corporations which have not been exhausted shall be combined into one fund and any and all claims of private appointed counsel in other counties remaining unpaid by virtue of the exhaustion of appropriated funds in those respective counties shall be paid on a pro rata basis until such fund is exhausted or until all claims are satisfied. After payment of the above, any funds remaining at the end of a fiscal year maintained by the Judicial Department shall revert to the general fund of the State at the end of that fiscal year.
S.C. Code Ann. § 17-25-310 — SC Code / Title 17 / Chapter 25 / Article 3 / Section 17-25-310
SECTION 17-25-310. Opening and enforcement of sealed sentences upon arrest.
Status: in_force

Upon the arrest of a person for whom there is a sealed sentence the sheriff shall forthwith carry the prisoner before the clerk of the court who shall, in the presence of the prisoner and the attorney of record if there be one, open and publish such sentence and it shall at once be enforced unless stayed by appeal.