reglab/housing_qa huggingface dataset:
SC Code § 17-23-110 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 23 - Pleading And Trial|Section 17-23-110. Circuit courts may grant new trials.

 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.  HISTORY: 1962 Code Section 17-514; 1952 Code Section 17-514; 1942 Code Section 1030; 1932 Code Section 1030; Cr. P. '22 Section 120; Cr. C. '12 Section 99; Cr. C. '02 Section 72; G. S. 2652; R. S. 72.
SC Code § 17-23-120 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 23 - Pleading And Trial|Section 17-23-120. Immediate disposition of certain misdemeanors or felonies; application to clerk.

 When any defendant is arrested upon a warrant charging a misdemeanor which is not within the jurisdiction of the magistrates court or, notwithstanding any other provision of law, when any defendant is arrested upon a warrant charging a felony, he may apply to the clerk of court of the county having jurisdiction of such case for an immediate disposition of the case and thereupon the clerk of court shall forward the arrest warrant to the solicitor of the judicial circuit.  HISTORY: 1962 Code Section 17-510; 1952 Code Section 17-510; 1942 Code Section 1022-1; 1939 (41) 215; 1977 Act No. 206 Section 1.
SC Code § 17-23-130 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 23 - Pleading And Trial|Section 17-23-130. Immediate disposition of certain misdemeanors or felonies; waiver of presentment by grand jury and plea of guilty.

 Upon receipt by the solicitor of the warrant forwarded to him pursuant to the provisions of Section 17-23-120, he may forthwith prepare a formal indictment as now provided by law in such cases and shall return it to the clerk of court. The clerk of court shall then notify the sheriff or one of his duly authorized deputies to bring the defendant before the clerk at a time and place to be stated in the notice at which time the clerk shall have the defendant sign a waiver of the presentment by the grand jury and his plea of guilty; provided, that no plea shall be entered or made under this section except by and with the consent of the solicitor of the circuit after investigation by such solicitor.  HISTORY: 1962 Code Section 17-511; 1952 Code Section 17-511; 1942 Code Section 1022-1; 1939 (41) 215; 1977 Act No. 206 Section 2.
SC Code § 17-23-140 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 23 - Pleading And Trial|Section 17-23-140. Immediate disposition of certain misdemeanors or felonies; appearance before judge and sentence.

 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.  HISTORY: 1962 Code Section 17-512; 1952 Code Section 17-512; 1942 Code Section 1022-1; 1939 (41) 215; 1977 Act No. 206 Section 3.
SC Code § 17-23-150 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 23 - Pleading And Trial|Section 17-23-150. Immediate disposition of certain misdemeanors or felonies; powers of circuit judges.

 Except as otherwise provided in Section 17-23-140, as to such cases as are herein referred to in Sections 17-23-120 to 17-23-140 the circuit judges shall have the same powers at chambers as they have in open court.  HISTORY: 1962 Code Section 17-513; 1952 Code Section 17-513; 1942 Code Section 1022-1; 1939 (41) 215; 1977 Act No. 206 Section 4.
SC Code § 17-23-160 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 23 - Pleading And Trial|Section 17-23-160. Notice of right to preliminary hearing; form for request.

 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.  HISTORY: 1980 Act No. 393, Section 2.
SC Code § 17-23-162 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 23 - Pleading And Trial|Section 17-23-162. Presence of affiant or arresting officer to testify at preliminary hearing.

 The affiant listed on an arrest warrant or the chief investigating officer for the case must be present to testify at the preliminary hearing of the person arrested pursuant to the warrant.  HISTORY: 2000 Act No. 394, Section 6.
SC Code § 17-23-165 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 23 - Pleading And Trial|Section 17-23-165. Attorney appearing at preliminary hearing not obligated to continue representation.

 The appearance by an attorney on behalf of a defendant in a preliminary hearing shall not in and of itself obligate that attorney to continue the representation of that defendant beyond the preliminary hearing.  HISTORY: 1980 Act No. 393, Section 1A.
SC Code § 17-23-170 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 23 - Pleading And Trial|Section 17-23-170. Admissibility of evidence concerning battered spouse syndrome; foundation; notice; lay testimony.

 (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.  HISTORY: 1995 Act No. 7, Part I Section 15.
SC Code § 17-24-10 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 24 - Mentally Ill Or Insane Defendants|Section 17-24-10. Affirmative defense.

 (A) It is an affirmative defense to a prosecution for a crime that, at the time of the commission of the act constituting the offense, the defendant, as a result of mental disease or defect, lacked the capacity to distinguish moral or legal right from moral or legal wrong or to recognize the particular act charged as morally or legally wrong.  (B) The defendant has the burden of proving the defense of insanity by a preponderance of the evidence.  (C) Evidence of a mental disease or defect that is manifested only by repeated criminal or other antisocial conduct is not sufficient to establish the defense of insanity.  HISTORY: 1984 Act No. 396, Section 1; 1988 Act No. 323, Section 1; 1989 Act No. 93, Section 1.
SC Code § 17-24-20 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 24 - Mentally Ill Or Insane Defendants|Section 17-24-20. Guilty but mentally ill; general requirements for verdict.

 (A) A defendant is guilty but mentally ill if, at the time of the commission of the act constituting the offense, he had the capacity to distinguish right from wrong or to recognize his act as being wrong as defined in Section 17-24-10(A), but because of mental disease or defect he lacked sufficient capacity to conform his conduct to the requirements of the law.  (B) To return a verdict of "guilty but mentally ill" the burden of proof is upon the State to prove beyond a reasonable doubt to the trier of fact that the defendant committed the crime, and the burden of proof is upon the defendant to prove by a preponderance of evidence that when he committed the crime he was mentally ill as defined in subsection (A).  (C) The verdict of guilty but mentally ill may be rendered only during the phase of a trial which determines guilt or innocence and is not a form of verdict which may be rendered in the penalty phase.  (D) A court may not accept a plea of guilty but mentally ill unless, after a hearing, the court makes a finding upon the record that the defendant proved by a preponderance of the evidence that when he committed the crime he was mentally ill as provided in Section 17-24-20(A).  HISTORY: 1984 Act No. 396, Section 2; 1988 Act No. 323, Section 2; 1989 Act No. 93, Section 2.
SC Code § 17-24-30 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 24 - Mentally Ill Or Insane Defendants|Section 17-24-30. Form of verdict.

 In a prosecution for a crime when the affirmative defense of insanity is raised sufficiently by the defendant, or when sufficient evidence of a mental disease or defect of the defendant is admitted into evidence, the trier of fact shall find under the applicable law, and the verdict must so state, whether the defendant is:  (1) guilty;  (2) not guilty;  (3) not guilty by reason of insanity; or  (4) guilty but mentally ill.  HISTORY: 1984 Act No. 396, Section 3; 1988 Act No. 323, Section 3; 1989 Act No. 93, Section 3.
SC Code § 17-24-50 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 24 - Mentally Ill Or Insane Defendants|Section 17-24-50. Length of confinement or supervision of defendant found not guilty by reason of insanity.

 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.  HISTORY: 1984 Act No. 396, Section 5.
SC Code § 17-24-60 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 24 - Mentally Ill Or Insane Defendants|Section 17-24-60. Petition by attorney of defendant found not guilty by reason of insanity.

 Two years from the date of commitment the defendant's attorney may petition the chief administrative judge to be relieved as counsel.  HISTORY: 1984 Act No. 396, Section 6.
SC Code § 17-24-70 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 24 - Mentally Ill Or Insane Defendants|Section 17-24-70. Sentencing of defendant found guilty but mentally ill.

 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.  HISTORY: 1984 Act No. 396, Section 7; 1988 Act No. 323, Section 4.
SC Code § 17-24-80 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 24 - Mentally Ill Or Insane Defendants|Section 17-24-80. Release of defendant.

 (A) Should a defendant be released pursuant to Sections 17-24-40(C)(2)(a), 17-24-40(C)(2)(c), or 17-24-70(B) herein, the solicitor shall immediately notify the local probation office and it shall then be the responsibility of the probation office to monitor compliance by the defendant of the terms and conditions of his release.  (B) The probation office shall file reports quarterly or more often, if necessary, of the defendant's compliance with the terms of his release with the circuit solicitor, the chief administrative judge of the circuit, the defendant's attorney, and the defendant.  (C) In the event the defendant violates any of the terms of his release, notice of the violation shall be immediately given by the probation office to the chief administrative judge of the circuit, the circuit solicitor, the defendant's attorney, and the defendant. Upon the receipt of the notice the chief administrative judge, upon notice to all parties, may order a hearing and order inpatient treatment if he finds the defendant in need of hospitalization pursuant to the standard of Section 44-17-580 of the 1976 Code, or order such other action as he may deem appropriate.  HISTORY: 1984 Act No. 396, Section 8.
SC Code § 17-25-10 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-10. No person shall be punished until legally convicted.

 No person shall be punished for an offense unless duly and legally convicted thereof in a court having competent jurisdiction of the cause and of the person.  HISTORY: 1962 Code Section 17-551; 1952 Code Section 17-551; 1942 Code Section 999; 1932 Code Section 999; Cr. P. '22 Section 85; Cr. C. '12 Section 79; Cr. C. '02 Section 52; G. S. 2452; R. S. 51.
SC Code § 17-25-20 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-20. Punishment for felony when not specially provided.

 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.  HISTORY: 1962 Code Section 17-552; 1952 Code Section 17-552; 1942 Code Section 1034; 1932 Code Section 1034; Cr. P. '22 Section 124; Cr. C. '12 Section 103; Cr. C. '02 Section 76; G. S. 2614; R. S. 76; 1865 (13) 406; 1869 (14) 175.
SC Code § 17-25-30 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-30. Sentence when no punishment is provided.

 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.  HISTORY: 1962 Code Section 17-553; 1952 Code Section 17-553; 1942 Code Section 1038; 1932 Code Section 1038; Cr. P. '22 Section 127; Cr. C. '12 Section 105; Cr. C. '02 Section 78; G. S. 2653; R. S. 78.
SC Code § 17-25-50 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-50. Considering closely connected offenses as one offense.

 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.  HISTORY: 1962 Code Section 17-553.2; 1955 (49) 179.
SC Code § 17-25-60 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-60. Change of sentence when former convictions were not considered at time of imposition.

 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.  HISTORY: 1962 Code Section 17-553.3; 1955 (49) 179.
SC Code § 17-25-65 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-65. Reduction of sentence for substantial assistance to the State; motion practice.

 (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.  HISTORY: 2010 Act No. 273, Section 13, eff June 2, 2010.
SC Code § 17-25-70 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-70. Authority of local officials to require able-bodied convicted persons to perform labor in public interest.

 Notwithstanding another provision of law, a local governing body may authorize the sheriff or other official in charge of a local correctional facility to require any able-bodied convicted person committed to the facility to perform labor in the public interest. This labor may involve public service work or related activities which conform to the provisions of Section 24-13-660. The public service work may include, but is not limited to, maintenance or repair of the drainage systems, highways, streets, bridges, grounds, and buildings and litter control and emergency relief efforts. A convicted person physically capable of performing the labor who refuses to obey a direct order to perform the labor is not entitled to good behavior credits pursuant to Section 24-13-210 or productive duty credits pursuant to Section 24-13-230. An inmate participating in a local work punishment or other public service sentence program must not be removed arbitrarily from the program and required to perform work on the public works or ways. A local governing body may enter into a contractual agreement with another governmental entity for use of inmate labor in the performance of work for a public purpose.  HISTORY: 1962 Code Section 17-554; 1952 Code Section 17-554; 1942 Code Sections 1035, 1036, 3835; 1932 Code Sections 1035, 1036, 3831, 3835; Civ. C. '22 Sections 723, 1078; Cr. P. '22 Sections 125, 126; Civ. C. '12 Sections 639, 957; Cr. C. '12 Sections 104, 943; Civ. C. '02 Section 773; Cr. C. '02 Section 657; R. S. 544, 663; 1885 (19) 125; 1892 (21) 22; 1894 (21) 481; 1896 (22) 245; 1899 (23) 13; 1905 (24) 915; 1911 (27) 169; 1912 (27) 553; 1914 (28) 515; 1917 (30) 265; 1922 (32) 947; 1960 (51) 1779; 1986 Act No. 462, Section 15; 1995 Act No. 7, Part II, Section 52.
SC Code § 17-25-80 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-80. Authority of Commissioner of Department of Corrections as to convicts sentenced to hard labor.

 Notwithstanding the specific language of the sentence which confines an inmate to "hard labor" in the custody of the State Department of Corrections, the Commissioner thereof may assign such inmate to the type of labor he deems appropriate and necessary for the benefit of the Department and the inmate concerned, and such assignment shall fulfill the conditions of the sentence.  HISTORY: 1962 Code Section 17-554.1; 1971 (57) 223.
SC Code § 17-25-100 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-100. Suspension of sentence in misdemeanor cases.

 The circuit judges of this State may, in their discretion, suspend sentences imposed by them except in cases of felony upon such terms and upon such conditions as in their judgment may be fit and proper.  HISTORY: 1962 Code Section 17-557; 1952 Code Section 17-557; 1942 Code Section 1039; 1932 Code Section 1039; Cr. P. '22 Section 128; 1912 (27) 773.
SC Code § 17-25-110 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-110. Suspension of sentence shall run for period of time prescribed by judge.

 When the sentence of any person who has been sentenced by a court of competent jurisdiction of this State shall be suspended by a judge of such court such suspension shall run for the period of time prescribed by such judge in the sentence or order of suspension and no person who has had a sentence so suspended shall be called back and required to do service under such sentence beyond and after the expiration of such period.  HISTORY: 1962 Code Section 17-558; 1952 Code Section 17-558; 1942 Code Section 1039-4; 1935 (39) 431.
SC Code § 17-25-120 (2021)
2021 South Carolina Code of Laws|Title 17 - Criminal Procedures|Chapter 25 - Judgment And Execution|Section 17-25-120. Restitution of stolen goods.

 If any person shall rob or take away any money, goods or chattels from any person, from their person or otherwise, and be found guilty thereof, such money, goods and chattels shall be restored to the party so robbed or the owner thereof and the judge before whom any such person shall be found guilty shall award, from time to time, writs of restitution for such money, goods and chattels.  HISTORY: 1962 Code Section 17-559; 1952 Code Section 17-559; 1942 Code Section 1148; 1932 Code Section 1148; Cr. C. '22 Section 42; Cr. C. '12 Section 187; Cr. C. '02 Section 153; G. S. 2492; R. S. 149; 21 H. 8 c. 11; 1712 (2) 458.