reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 25 - Domestic Violence › Section 16-25-330. Purpose of committee.

(A) The purpose of the Domestic Violence Advisory Committee is to decrease the incidences of domestic violence by:
(1) developing an understanding of the causes and incidences of domestic violence;
(2) developing plans for and implementing changes within the agencies represented on the committee which will prevent domestic violence; and
(3) advising the Governor and the General Assembly on statutory, policy, and practice changes which will prevent domestic violence.
(B) To achieve its purpose, the committee shall:
(1) undertake annual statistical studies of the incidences and causes of domestic violence in this State, including an analysis of:
(a) community and public and private agency involvement with the victims and their families;
(b) whether the abuser has a previous criminal record involving domestic violence or assault and battery;
(c) recidivism rates;
(d) the presence of alcohol or drug use;
(e) whether the abuser has participated in a batterer treatment program or other similar treatment program and the name of the program;
(f) the success or failure rate of approved treatment programs;
(g) married versus unmarried rates of violence; and
(h) the rate of domestic violence per county;
(2) consider training, including cross-agency training, consultation, technical assistance needs, and service gaps that would decrease the likelihood of domestic violence;
(3) determine the need for changes to any statute, regulation, policy, or procedure to decrease the incidences of domestic violence and include proposals for changes to statutes, regulations, policies, and procedures in the committee's annual report;
(4) educate the public regarding the incidences and causes of domestic violence, specific steps the public can undertake to prevent domestic violence, and the support that civic, philanthropic, and public service organizations can provide in assisting the committee to educate the public;
(5) develop and implement policies and procedures for its own governance and operation;
(6) submit to the Governor and the General Assembly a publicly available annual written report and any other reports prepared by the committee including, but not limited to, the committee's findings and recommendations; and
(7) review closed domestic violence cases selected by the Attorney General or solicitor's representative on the committee to provide the commission with the best opportunity to fulfill its duties under the section.
HISTORY: 2015 Act No. 58 (S.3), Pt IV, Section 20, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 25 - Domestic Violence › Section 16-25-340. Committee access to information and records.

Upon request of the committee and as necessary to carry out the committee's purpose and duties, the committee immediately must be provided:
(1) by a provider of medical care, access to information and records regarding a person whose death is being reviewed by the department pursuant to this article;
(2) access to all information and records maintained by any state, county, or local government agency including, but not limited to, birth certificates, law enforcement investigation data, county coroner or medical examiner investigation data, parole and probation information and records, and information and records of social services and health agencies that provided services to the victim, alleged perpetrator, and other household members.
HISTORY: 2015 Act No. 58 (S.3), Pt IV, Section 20, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 25 - Domestic Violence › Section 16-25-350. Issuance of subpoena.

When necessary in the discharge of the duties of the committee and upon application of the committee, the clerks of court shall issue a subpoena or subpoena duces tecum to any state, county, or local agency, board, or commission or to a representative of any state, county, or local agency, board, or commission or to a provider of medical care to compel the attendance of witnesses and production of documents, books, papers, correspondence, memoranda, and other relevant records to the discharge of the department's duties. Failure to obey a subpoena or subpoena duces tecum issued pursuant to this section may be punished as contempt.
HISTORY: 2015 Act No. 58 (S.3), Pt IV, Section 20, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 25 - Domestic Violence › Section 16-25-360. Confidentiality of meetings; penalty.

(A) Meetings of the committee are closed to the public and are not subject to Chapter 4, Title 30, the Freedom of Information Act, when the committee and department are discussing an individual case of domestic violence.
(B) Except as provided in subsection (C), meetings of the committee are open to the public and subject to the Freedom of Information Act when the committee is not discussing an individual case of domestic violence.
(C) Information identifying a victim or a household member, guardian, or caretaker of a victim, or an alleged or suspected perpetrator of domestic violence may not be disclosed during a public meeting, and information regarding the involvement of any agency with the victim, alleged perpetrator, and other household members may not be disclosed during a public meeting.
(D) Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned not more than six months, or both.
HISTORY: 2015 Act No. 58 (S.3), Pt IV, Section 20, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 25 - Domestic Violence › Section 16-25-370. Confidentiality of information; penalty.

(A) All information and records acquired by the committee in the exercise of their purposes and duties pursuant to this article are confidential, exempt from disclosure under Chapter 4, Title 30, the Freedom of Information Act, and only may be disclosed as necessary to carry out the committee's and department's duties and purposes.
(B) Statistical compilations of data which do not contain information that would permit the identification of a person to be ascertained are public records.
(C) Reports of the committee which do not contain information that would permit the identification of a person to be ascertained are public information.
(D) Except as necessary to carry out the committee's purposes and duties, members of the committee and persons attending their meeting may not disclose what transpired at a meeting which is not public under Section 16-25-360 and may not disclose information, the disclosure of which is prohibited by this section.
(E) Members of the committee, persons attending a committee meeting, and persons who present information to the committee may not be required to disclose in any civil or criminal proceeding information presented in or opinions formed as a result of a meeting, except that information available from other sources is not immune from introduction into evidence through those sources solely because it was presented during proceedings of the committee or department or because it is maintained by the committee or department. Nothing in this subsection prevents a person from testifying to information obtained independently of the committee or which is public information.
(F) Information, documents, and records of the committee are not subject to subpoena, discovery, or the Freedom of Information Act, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or the Freedom of Information Act through those sources solely because they were presented during proceedings of the committee or department or because they are maintained by the committee or department.
(G) Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
HISTORY: 2015 Act No. 58 (S.3), Pt IV, Section 20, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 25 - Domestic Violence › Section 16-25-510. Development of community domestic violence coordinating councils.

The circuit solicitor shall facilitate the development of community domestic violence coordinating councils in each county or judicial circuit based upon public-private sector collaboration.
HISTORY: 2015 Act No. 58 (S.3), Pt IV, Section 21, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 25 - Domestic Violence › Section 16-25-520. Purpose of community domestic violence coordinating council.

The purpose of a community domestic violence coordinating council is to:
(1) increase the awareness and understanding of domestic violence and its consequences;
(2) reduce the incidence of domestic violence in the county or area served; and
(3) enhance and ensure the safety of battered individuals and their children.
HISTORY: 2015 Act No. 58 (S.3), Pt IV, Section 21, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 25 - Domestic Violence › Section 16-25-530. Duties and responsibilities.

The duties and responsibilities of a community domestic violence coordinating council include, but are not limited to:
(1) promoting effective strategies of intervention for identifying the existence of domestic violence and for intervention by public and private agencies;
(2) establishing interdisciplinary and interagency protocols for intervention with survivors of domestic violence;
(3) facilitating communication and cooperation among agencies and organizations that are responsible for addressing domestic violence;
(4) monitoring, evaluating, and improving the quality and effectiveness of domestic violence services and protections in the community;
(5) providing public education and prevention activities; and
(6) providing professional training and continuing education activities.
HISTORY: 2015 Act No. 58 (S.3), Pt IV, Section 21, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 25 - Domestic Violence › Section 16-25-540. Membership.

Membership on a community domestic violence coordinating council may include, but is not limited to, representatives from magistrates court, family court, law enforcement, solicitor's office, probation and parole, batterer intervention programs or services, nonprofit battered individual's program advocates, counseling services for children, legal services, victim assistance programs, the medical profession, substance abuse counseling programs, the clergy, survivors of domestic violence, local department of social services, and the education community. Members on the council shall develop memoranda of agreement among and between themselves to ensure clarity of roles and responsibilities in providing services to victims of domestic violence.
HISTORY: 2015 Act No. 58 (S.3), Pt IV, Section 21, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 25 - Domestic Violence › Section 16-25-550. Revenue generation for operation and administration.

Each community domestic violence coordinating council is responsible for generating revenue for its operation and administration.
HISTORY: 2015 Act No. 58 (S.3), Pt IV, Section 21, eff June 4, 2015.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 25 - Domestic Violence › Section 16-25-730. Certain meetings closed to public; penalties.

Meetings of the committee are closed to the public and are not subject to the provisions of the Freedom of Information Act when the committee is discussing an individual case. A violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned not more than six months, or both.
HISTORY: 2016 Act No. 147 (H.4666), Section 1, eff March 15, 2016.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 25 - Domestic Violence › Section 16-25-740. Confidential information and records.

(A) All information and records acquired by the committee in the exercise of their purposes and duties pursuant to this article are confidential, exempt from disclosure under the Freedom of Information Act, and only may be disclosed as necessary to carry out the committee's duties and purposes.
(B) Except as necessary to carry out the committee's purposes and duties, members of the committee and persons attending their meeting may not disclose what transpired at a meeting which is not public under the Freedom of Information Act, and may not disclose information, the disclosure of which is prohibited by this section.
(C) Members of the committee, persons attending a committee meeting, and persons who present information to the committee may not be required to disclose in any civil or criminal proceeding information presented in or opinions formed as a result of a meeting, except that information available from other sources is not immune from introduction into evidence through those sources solely because it was presented during proceedings of the committee or because it is maintained by the committee. Nothing in this subsection prevents a person from testifying to information obtained independently of the committee or which is public information.
(D) Information, documents, and records of the committee are not subject to subpoena, discovery, or the Freedom of Information Act, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or the Freedom of Information Act through those sources solely because they were presented during proceedings of the committee or because they are maintained by the committee.
(E) Except as necessary to carry out the committee's purposes and duties, members of the committee are not to keep in their possession copies of information, documents, and records subpoenaed or otherwise obtained by or created by the committee. Upon the completion of an investigation, all information, documents, and records subpoenaed or otherwise obtained by or created by the committee shall remain with the Office of the Circuit Solicitor and retained pursuant to that office's policies.
(F) A violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
HISTORY: 2016 Act No. 147 (H.4666), Section 1, eff March 15, 2016.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 25 - Domestic Violence › Section 16-25-750. Recommendations.

Each domestic fatality review committee shall make recommendations, when appropriate to, but not limited to, the Domestic Violence Advisory Committee created pursuant to Section 16-25-310 regarding:
(1) training, including cross-agency training, consultation, technical assistance needs, and service gaps that would decrease the likelihood of domestic violence;
(2) the need for changes to any statute, regulation, policy, or procedure to decrease the incidences of domestic violence and include proposals for changes to statutes, regulations, policies, and procedures in the committee's annual report;
(3) education of the public regarding the incidences and causes of domestic violence, specific steps the public can undertake to prevent domestic violence, and the support that civic, philanthropic, and public service organizations can provide in assisting the committee to educate the public;
(4) training of medical examiners, coroners, law enforcement, and other emergency responders on the causes and identification of domestic violence incidents, indicators, and injuries; and
(5) the development and implementation of policies and procedures for its own governance and operation.
HISTORY: 2016 Act No. 147 (H.4666), Section 1, eff March 15, 2016.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 27 - Animal Fighting And Baiting Act › Section 16-27-20. Definitions.

As used in this chapter:
(a) "Animal" means any live vertebrate creature, domestic or wild.
(b) "Fighting" means an attack with violence by an animal against another animal or a human.
(c) "Baiting" means to provoke or to harass an animal with one or more animals with the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals or between animals and humans.
(d) "Person" means every natural person or individual and any firm, partnership, association, or corporation.
HISTORY: 1986 Act No. 491, Section 2.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 27 - Animal Fighting And Baiting Act › Section 16-27-30. Acts or omissions constituting felonies; penalties.

Any person who:
(a) owns an animal for the purpose of fighting or baiting;
(b) is a party to or causes any fighting or baiting of any animal;
(c) purchases, rents, leases, or otherwise acquires or obtains the use of any structure, facility, or location for the purpose of fighting or baiting any animal; or
(d) knowingly allows or permits or makes available any structure, facility, or location to be used for the purpose of fighting or baiting any animal is guilty of a felony and upon conviction must be punished by a fine of five thousand dollars or imprisoned for five years, or both.
HISTORY: 1986 Act No. 491, Section 3.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 27 - Animal Fighting And Baiting Act › Section 16-27-40. Acts constituting misdemeanors upon conviction of first or second offense and constituting felonies upon conviction of third or subsequent offense; penalties.

Any person who:
(a) is present at any structure, facility, or location where preparations are being made for the purpose of fighting or baiting any animal with knowledge that those preparations are being made, or
(b) is present at any structure, facility, or location with knowledge that fighting or baiting of any animal is taking place or is about to take place there is guilty of a misdemeanor and upon conviction for a first offense must be punished by a fine of five hundred dollars or imprisonment for six months, or both, and for a second offense by a fine of one thousand dollars or imprisonment for one year, or both. Any person convicted of a third or subsequent offense is guilty of a felony and must be punished by a fine of five thousand dollars or imprisonment for five years, or both.
HISTORY: 1986 Act No. 491, Section 4.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 27 - Animal Fighting And Baiting Act › Section 16-27-50. Applicability of cruelty provisions; presumption of cruelty.

(A) The provisions of Section 47-1-150 apply to this chapter.
(B) For purposes of a hearing to determine whether the owner is able to provide adequately for the animal and is fit to have custody of the animal, any animal found to be owned, trained, possessed, purchased, sold, transported, or bred in violation of this chapter must be considered cruelly treated and the owner must be deemed unfit.
HISTORY: 1986 Act No. 491, Section 5; 2006 Act No. 345, Section 2, eff June 12, 2006.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 27 - Animal Fighting And Baiting Act › Section 16-27-60. Inapplicability of chapter to certain activities and to game fowl.

(a) The provisions of Section 16-27-30 do not apply to any person:
(1) using any animal to pursue or take wildlife or to participate in hunting in accordance with the game and wildlife laws of this State and regulations of the South Carolina Department of Natural Resources;
(2) using any animal to work livestock for agricultural purposes;
(3) properly training or using dogs for law enforcement purposes or protection of persons and private property.
(b) The provisions of this chapter do not apply to game fowl.
HISTORY: 1986 Act No. 491, Section 6; 1993 Act No.181, Section 275.
2023 South Carolina Code of Laws › Title 16 - Crimes and Offenses › Chapter 27 - Animal Fighting And Baiting Act › Section 16-27-80. Applicability of chapter to hunting dogs and certain events.

(A) This chapter does not apply to dogs used for the purpose of hunting, including, but not limited to, hunting on shooting preserves or wildlife management areas authorized pursuant to Title 50, or to dogs used in field trials, including events more commonly known as "water races", "treeing contests", "coon-on-a-log", "bear-baying", or "fox-pen-trials". Such "fox-pen-trials" must be approved by permit for field trials by the South Carolina Department of Natural Resources.
(B) Except as otherwise provided in Section 16-27-60, this chapter applies to events more commonly known as "hog-dog fights", "hog-dog rodeos", or "hog-dogging" in which bets are placed, or cash, points, titles, trophies, or other awards are given based primarily on the ability of a dog to catch a hog using physical contact in the controlled environment of an enclosure.
HISTORY: 1986 Act No. 491, Section 9; 1993 Act No.181, Section 276; 2006 Act No. 345, Section 4, eff June 12, 2006.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 1 - General Provisions › Section 17-1-10. Manner of prosecuting criminal action.

A criminal action is prosecuted by the State, as a party, against a person charged with a public offense, for the punishment thereof.
HISTORY: 1962 Code Section 17-1; 1952 Code Section 17-1; 1942 Code Section 5; 1932 Code Section 5; Civ. P. '22 Section 5; Civ. P. '12 Section 5; Civ. P. '02 Section 5; 1870 (14) 423.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 1 - General Provisions › Section 17-1-20. Prosecuting officer shall not accept fees or rewards, nor act in a civil case as counsel for either party.

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.
HISTORY: 1962 Code Section 17-2; 1952 Code Section 17-2; 1942 Code Section 3123; 1932 Code Section 3123; Civ. C. '22 Section 805; Civ. C. '12 Section 720; Civ. C. '02 Section 648; G. S. 505; R. S. 565; 1868 (14) 88.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 1 - General Provisions › Section 17-1-30. Rule of strict construction is inapplicable to this title.

The rule of the common law that statutes in derogation of that law are to be strictly construed has no application to this title.
HISTORY: 1962 Code Section 17-3; 1960 (51) 1744.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 1 - General Provisions › Section 17-1-45. Expungement notice requirement.

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."
HISTORY: 2009 Act No. 36, Section 4, eff June 2, 2009.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 1 - General Provisions › Section 17-1-50. Interpreters in criminal proceedings.

(A) As used in this section:
(1) "Certified interpreter" means an interpreter who meets the standards contained in subitem (A)(4) and is certified by the administrative office of the United States courts, by the office of the administrator for the state courts, or by a nationally recognized professional organization.
(2) "Legal proceeding" means a proceeding in which a nonEnglish speaking person is a party or a witness.
(3) "NonEnglish speaking person" means a party or a witness participating in a legal proceeding who has limited ability to speak or understand the English language.
(4) "Qualified interpreter" means a person who:
(a) is eighteen years of age or older;
(b) is not a family member of a party or a witness;
(c) is not a person confined to an institution; and
(d) has education, training, or experience that enables him to speak English and a foreign language fluently, and is readily able to interpret simultaneously and consecutively and to sight-translate documents from English into the language of a nonEnglish speaking person, or from the language of that person into spoken English.
(5) "Victim" means a victim as defined in Section 16-3-1110.
(6) "Witness" means a person who testifies in a legal proceeding.
(B)(1) Notwithstanding any other provision of law, whenever a party, witness, or victim in a criminal legal proceeding does not sufficiently understand or speak the English language to comprehend the proceeding or to testify, the court must appoint a certified or otherwise qualified interpreter to interpret the proceedings to the party or victim or to interpret the testimony of the witness.
(2) However, the court may waive the use of a certified or otherwise qualified interpreter if the court finds that it is not necessary for the fulfillment of justice. The court must first make a finding on the record that the waiver of a certified or otherwise qualified interpreter is requested by a nonEnglish speaking party, witness, or victim in a legal proceeding; that the waiver has been made knowingly, voluntarily, and intelligently; and that granting the waiver is in the best interest of justice.
(C) The selection, use, and reimbursement of interpreters must be determined under such guidelines as may be established by the Chief Justice of the Supreme Court. All fees for interpreting services must be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly.
(D) The Division of Court Administration must maintain a centralized list of certified or otherwise qualified interpreters to interpret the proceedings to a party and testimony of a witness. A party or a witness is not precluded from using a qualified interpreter who is not on the centralized list as long as the interpreter meets the requirements of subitem (A)(4) and submits a sworn affidavit to the court specifying his qualifications or submits to a voir dire by the court.
HISTORY: 1998 Act No. 390, Section 1; 2001 Act No. 103, Section 3.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 3 - Defense Of Indigents › Section 17-3-5. Definitions.

As used in this chapter, the term:
(1) "Commission" means the Commission on Indigent Defense.
(2) "Division of Appellate Defense" includes all attorneys and employees in the division.
(3) "Assistant public defender" means an attorney who is employed by a circuit public defender office.
(4) "Circuit public defender" means the head of a public defender office providing indigent defense representation within a given judicial circuit of this State.
(5) "Circuit public defender office" means the office of one of the several circuit public defenders.
(6) "Public defender" means an attorney who is employed in a circuit public defender office or who represents an indigent person pursuant to a contractual arrangement with a circuit public defender office.
(7) "Administering county" means the county within each circuit with which the circuit public defender has an agreement for the administering of indigent defense funds distributed from the State and the counties within the circuit for the provision of indigent defender services within each circuit.
(8) "Chief county public defender" means a public defender appointed by the circuit public defender to assist in managing, supervising, and providing indigent defense representation in one or more assigned counties within the circuit.
HISTORY: 2007 Act No. 108, Section 2, eff June 21, 2007.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 3 - Defense Of Indigents › Section 17-3-10. Persons entitled to counsel shall be so advised; when counsel shall be provided.

Any person entitled to counsel under the Constitution of the United States shall be so advised and if it is determined that the person is financially unable to retain counsel then counsel shall be provided upon order of the appropriate judge unless such person voluntarily and intelligently waives his right thereto. The fact that the accused may have previously engaged and partially paid private counsel at his own expense in connection with pending charges shall not preclude a finding that he is financially unable to retain counsel.
HISTORY: 1962 Code Section 17-281; 1969 (56) 374; 1977 Act No. 98 Section 2.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 3 - Defense Of Indigents › Section 17-3-20. Appointment of counsel for indigents charged with murder; compensation.

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.
HISTORY: 1962 Code Section 17-281.1; 1974 (58) 2361.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 3 - Defense Of Indigents › Section 17-3-30. Affidavit of inability to employ counsel; payment of indigent's assets to state; application fee; waiver or reduction of fee; disposition of fee revenues; fund for screening applicants.

(A) A person to whom counsel has been provided shall execute an affidavit that he is financially unable to employ counsel and that affidavit must set forth all his assets. If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets to the general fund of the State.
(B) A forty dollar application fee for public defender services must be collected from every person who executes an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court or other appropriate official for a waiver or reduction in the application fee. If the clerk or other appropriate official determines that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee is waived or reduced, the clerk or appropriate official shall report the amount waived or reduced to the trial judge upon sentencing and the trial judge shall order the remainder of the fee paid during probation if the person is granted probation. The clerk of court or other appropriate official shall collect the application fee imposed by this section and remit the proceeds to the state fund on a monthly basis. The monies must be deposited in an interest-bearing account separate from the general fund and used only to provide for indigent defense services. The monies shall be administered by the Office of Indigent Defense. The clerk of court or other appropriate official shall maintain a record of all persons applying for representation and the disposition of the application and shall provide this information to the Office of Indigent Defense on a monthly basis as well as reporting the amount of funds collected or waived.
(C) Sufficient funds shall be set aside from allocations provided for the defense of indigent to provide for adequate screening of applications for indigent assistance to ensure the applicant is qualified.
HISTORY: 1962 Code Section 17-282; 1969 (56) 374; 1977 Act No. 219 Pt II Section 19; 1988 Act No. 356, Section 1; 1993 Act No. 164, Part II, Section 45E; 1994 Act No. 497, Part I, E23-Section 14; 1995 Act No. 145, Part IB, E23-Section 14; 1996 Act No. 458, Part II, Section 26B; 1999 Act No. 100, Part II, Section 17; 2007 Act No. 108, Section 4, eff June 21, 2007.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 3 - Defense Of Indigents › Section 17-3-40. Creation of claim against assets and estate of person for whom counsel is provided.

(A) The appointment of counsel, as hereinbefore provided, creates a claim against the assets and estate of the person who is provided counsel in an amount equal to the costs of representation as determined pursuant to Sections 17-3-50 and 17-3-80, less that amount that the person pays to the defender corporation of the county or counties wherein he is being represented or the judicial department as provided for in Section 17-3-30.
(B) Such claim shall be filed in the office of the clerk of court in the county where the person is assigned counsel, but the filing of a claim shall not constitute a lien against real or personal property of the person unless, in the discretion of the court, part or all of such claim is reduced to judgment by appropriate order of the court, after serving the person with at least thirty days' notice that judgment will be entered. When a claim is reduced to judgment, it shall have the same effect as judgments, except as modified by this chapter.
(C) The court may, in its discretion, order any claim or judgment waived, modified or withdrawn.
(D) The Judicial Department shall be responsible for administering this section, and all moneys collected hereunder shall be paid over to the Judicial Department.
HISTORY: 1962 Code Section 17-283; 1969 (56) 374; 1977 Act No. 219 Part II Section 19; 1988 Act No. 356, Section 2.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 3 - Defense Of Indigents › Section 17-3-50. Determination of fees for appointed counsel and public defenders; maximum amounts; authorization to exceed maximum; payment for certain services.

(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.
HISTORY: 1962 Code Section 17-284; 1969 (56) 374; 1993 Act No. 164, Part II, Section 45F; 2007 Act No. 108, Section 5, eff June 21, 2007.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 3 - Defense Of Indigents › Section 17-3-55. Carry-forward of unpaid obligations.

Notwithstanding any other provision of law, the Commission on Indigent Defense is authorized to carry forward unpaid obligations incurred and received for payment in one fiscal year and to pay, to the extent possible, these obligations from funds appropriated in the next year's budget.
HISTORY: 2008 Act No. 353, Section 2, Pt 23H, eff July 1, 2009.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 3 - Defense Of Indigents › Section 17-3-80. Appropriation for expenses of appointed private counsel and public defenders; restrictions and limitations.

In addition to the appropriation as provided by law, there is appropriated for the fiscal year commencing July 1, 1969, the sum of fifty thousand dollars for the establishment of the defense fund which must be administered by the Office of Indigent Defense. This fund must be used to reimburse private-appointed counsel, public defenders, and assistant public defenders for necessary expenses, not to exceed two thousand dollars for each case, actually incurred in the representation of persons pursuant to this chapter, so long as the expenses are approved by the trial judge. No reimbursement may be made for travel expenses except extraordinary travel expenses approved by the trial judge. The total state funds provided by this section may not exceed fifty thousand dollars.
HISTORY: 1962 Code Section 17-287; 1969 (56) 374; 1977 Act No. 219 Pt II Section 19; 1987 Act No. 142 Section 1; 1993 Act No. 164, Part II, Section 45G.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 3 - Defense Of Indigents › Section 17-3-85. Fiscal year-end disposition of unexpended appropriations for payment of private appointed counsel for counties without public defender corporations.

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.
HISTORY: 1982 Act No. 466, Part II Section 43.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 3 - Defense Of Indigents › Section 17-3-90. Vouchers for payment for services by private appointed counsel and for reimbursement of expenses; approval and submission for payment.

Private, appointed counsel shall submit a voucher to the Office of Indigent Defense setting forth all details of the appointment for purposes of remuneration pursuant to Section 17-3-50 and reimbursement of expenses pursuant to Section 17-3-80, and the public defender shall do likewise pursuant to Section 17-3-80. It is the duty of the Office of Indigent Defense to present the voucher to the trial judge for approval and to transmit the same to the Comptroller General for payment to the appropriate party.
HISTORY: 1962 Code Section 17-288; 1969 (56) 374; 1977 Act No. 219 Pt II Section 19; 2007 Act No. 108, Section 6, eff June 21, 2007.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 3 - Defense Of Indigents › Section 17-3-100. Discretionary authority of judge to appoint counsel is not limited; remuneration and reimbursement.

Nothing herein contained is designed to limit the discretionary authority of a judge to appoint counsel in any case and any such counsel shall be entitled to remuneration and reimbursement as provided in Sections 17-3-50 and 17-3-80 hereof, so long as funds appropriated herein are available therefor.
HISTORY: 1962 Code Section 17-289; 1969 (56) 374.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 3 - Defense Of Indigents › Section 17-3-110. Power of Supreme Court to establish rules and regulations.

The Supreme Court of South Carolina is hereby empowered to establish such rules and regulations as are necessary for the proper administration of this chapter.
HISTORY: 1962 Code Section 17-290; 1969 (56) 374.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 3 - Defense Of Indigents › Section 17-3-320. Office of Indigent Defense; executive director; appointment; duties.

(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.
HISTORY: 1993 Act No. 164, Part II, Section 45C; 2005 Act No. 103, Section 2, eff July 1, 2005; 2007 Act No. 108, Section 7, eff June 21, 2007.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 3 - Defense Of Indigents › Section 17-3-330. Duties of Office of Indigent Defense.

(A) The Office of Indigent Defense shall:
(1) serve as the entity which distributes all funds appropriated by the General Assembly for the defense of indigents, including funds allocated to public defender offices pursuant to the formula, funds for the defense of capital cases, funds for attorney's fees and expenses in non-capital cases, and other funds appropriated for these purposes;
(2) perform those functions provided pursuant to Section 17-3-360;
(3) serve as a resource for the compilation of accurate statistical data covering the indigent defense system in this State;
(4) implement other duties the commission may direct; and
(5) report annually to the General Assembly on the indigent defense system.
(B) On or about June thirtieth of each year, if the Office of Indigent Defense determines, after taking into consideration all outstanding obligations against the fund for payment of attorney fees and expenses in non-capital cases, that unexpended funds remain, these funds shall be rolled over into the fund for payment of attorney's fees and expenses in capital cases; provided, however, this shall occur only in the event the funds in the capital fund have been exhausted at that time. This fund shall at no time exceed three million dollars.
(C) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents of this State may be appointed by the court and compensated with funds appropriated to the Death Penalty Trial Fund in the Office of Indigent Defense.
HISTORY: 1993 Act No. 164, Part II, Section 45C; 1994 Act No. 497, Part I, E23-Section 14; 1995 Act No. 145, Part IB, E23-Section 14; 1996 Act No. 458, Part II, Section 26C; 2005 Act No. 103, Section 2, eff July 1, 2005; 2007 Act No. 108, Section 7, eff June 21, 2007.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 3 - Defense Of Indigents › Section 17-3-350. Immunity.

The members of the commission and the Circuit Public Defender Selection Panel and other policy-making or administrative personnel acting in a policy-making or administrative capacity in connection with the commission or the panel are not subject to civil liability resulting from an act or failure to act in the implementation and carrying out of the purposes of this chapter.
HISTORY: 2005 Act No. 103, Section 2, eff July 1, 2005; 2007 Act No. 108, Section 7, eff June 21, 2007.
2023 South Carolina Code of Laws › Title 17 - Criminal Procedures › Chapter 3 - Defense Of Indigents › Section 17-3-360. Division of Appellate Defense created; administration and staffing; duties and responsibilities.

(A) There is created within the Office of Indigent Defense, the Division of Appellate Defense. All of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with the commission and Office of Appellate Defense formerly provided in Chapter 4, Title 17 are transferred to and incorporated in and must be administered as part of the Office of Indigent Defense.
(B) The division must be administered by a chief attorney. The staff of the division shall consist of additional attorneys and administrative, investigative, secretarial, and clerical employees necessary to discharge the duties of the division. No person may be hired to serve as an attorney who is not licensed to practice law in this State. Attorneys employed by the division shall devote full time to their duties and may not engage in the private practice of law.
(C) The division shall carry out the following duties and responsibilities:
(1) It shall represent a person who the office determines, subject to court review, falls within the guidelines promulgated pursuant to Section 17-3-310(G)(2) who files Notice of Intention to Appeal or desires to appeal a conviction in a trial court, or decision of a proceeding in civil commitment or other voluntary placement in a state, county, or municipal facility. A person desiring representation by the division shall request a determination of his indigency status in writing from the Supreme Court, the court of appeals, the circuit or family court, or the division. A court receiving a request for indigent appellate representation shall forward the request to the office who, within ten days of the receipt of the request for representation, shall notify the person requesting representation and the court in which the appeal will be effected of its decision.
(2) Upon a finding that a person requesting representation qualifies as an indigent and after being appointed as counsel for this person by the court in which the appeal will be effected, the division shall represent this person in his appeal of a conviction in a trial court, or decision of a proceeding in civil commitment or other involuntary placement in a state, county, or municipal facility, provided nothing in this article requires the division to pursue an appeal unless the chief attorney of the division is first satisfied that there is arguable merit to the appeal.
(3) It shall represent indigents, other than at trial or commitment proceedings when appointed by the court.
(4) It shall represent indigents in appeals of convictions in trial courts of this State, or decisions of civil commitment proceedings or other involuntary placement only in courts of this State.
HISTORY: 2005 Act No. 103, Section 2, eff July 1, 2005; 2007 Act No. 108, Section 7, eff June 21, 2007.