(1) 42.08 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24; (2) 14.74 percent to the Law Enforcement Training Council for training in the fields of law enforcement and criminal justice; (3) .45 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Officers Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the South Carolina Law Enforcement Officers Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain, carry forward, and expend the surplus to defray the costs of maintaining and operating the Hall of Fame; (4) 14.46 percent to the Office of Indigent Defense for the defense of indigents; (5) 11.83 percent for the State Office of Victim Assistance Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation, Victim Compensation Fund; (6) 15.39 percent to the general fund; (7) .89 percent to the Office of the Attorney General for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, ‘complex criminal litigation’ means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant’s counsel, and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a ‘first received, first paid’ basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year; and
If an error is determined to have been made at the magistrate, municipal, family, or circuit courts, the State Auditor shall notify the responsible office, their supervising authority, and the chief justice of the State. If full payment has not been made by the court within ninety days of the audit notification, the chief magistrate or municipal court or clerk of court shall remit an amount equal to the amount determined by the State Auditor to be the state’s portion or the crime victim fund portion within ninety days of the audit notification.” SECTION 5. A. Section 1631110 of the 1976 Code is amended to read: “Section 1631110. (A) For the purpose of this article and Articles 14 and 15 of this chapter: (1) ‘Board’ means the South Carolina Crime Victim’s Victim Advisory Board. (2) ‘Claimant’ means any person filing a claim pursuant to this article. (3) ‘Fund’ means the South Carolina Victim’s Victim Compensation Fund, which is a division of the Office of the Governor administered by the Office of the Attorney General, South Carolina Crime Victim Services Division. (4) ‘Director’ means the Director of the Victim’s Compensation Fund Office of the Attorney General, South Carolina Crime Victim Services Division who is appointed by the Governor Attorney General. The director shall be in charge of the State Office of Victim’s Assistance which is part of this division under the supervision of the Governor. (5) ‘Field representative’ means a field representative of the State Victim’s Compensation Fund Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation assigned to handle a claim. (6) ‘Crime’ means an act which is defined as a crime by state, federal, or common law, including terrorism as defined in Section 2331 of Title 18, United States Code. Unless injury or death was recklessly or intentionally inflicted, ‘crime’ does not include an act involving the operation of a motor vehicle, boat, or aircraft. (7) ‘Recklessly or intentionally’ inflicted injury or death includes, but is not limited to, injury or death resulting from an act which violates Sections 5651210, 5652910, 5652920, or 5652930 or from the use of a motor vehicle, boat, or aircraft to flee the scene of
“Section 1631330. (A) When the director determines that projected revenue in any fiscal year will be insufficient to pay projected claims or awards in the amounts provided herein pursuant to the provisions of this article, he shall reduce the amount of all claims or awards by an amount equal to the ratio of projected revenue to the total projected claims or awards cost. When these reductions are required, the director shall inform the public through the media of the reductions as promptly as possible. The reductions apply to all claims or awards not paid as of the effective date of the reductions order. (B) Any award hereunder is specifically not a claim against the State if it cannot be paid due to a lack of funds in the Victim’s Victim Compensation Fund.” N. Section 1631340 of the 1976 Code is amended to read: “Section 1631340. (A) A claimant may be represented by an attorney in proceedings under this article. Fees for such attorney Attorneys’ fees must be paid from the Victim’s Victim Compensation Fund, subject to the approval of the Director director, except that in the event of an appeal pursuant to Section 1631140, attorneys’ fees are subject to the approval of the Board board or its panel hearing the appeal. Attorneys for the South Carolina State Accident Fund within the Office of the Attorney General shall represent the South Carolina Victim’s Compensation Fund Department of Crime Victim Compensation in proceedings under this article. (B) Any person who receives any fee or other consideration or any gratuity on account of services so rendered, unless such the consideration or gratuity is approved by the Deputy Director deputy director, or who makes it a business to solicit employment for a lawyer or for himself in respect to any claim or award for compensation is guilty of a misdemeanor and, upon conviction must for each offense, be punished by a fine of not more than five hundred dollars or by imprisonment not to exceed more than one year, or by both such fine and imprisonment.” O. Section 1631350 of the 1976 Code is amended to read: “Section 1631350. (A) The State must ensure that a victim of criminal sexual conduct in any degree, criminal sexual conduct with a minor in any degree, or child sexual abuse must not bear the cost of his or her routine medicolegal exam following the assault.
Section 1631680. The Department of Crime Victims’ Victim Ombudsman Office through the Department of Administration Crime Victim Services Division may promulgate recommend to the Attorney General those regulations necessary to assist it in performing its required duties as provided by this chapter. Section 1631690. Complaints regarding any allegations against the Office of the Attorney General, Crime Victim Services Division or any of its affiliated departments concerning crime victim services should be submitted in writing to the Crime Victim Ombudsman, who shall cause a rotating threeperson panel of the Crime Victim Services Coordinating Council chosen by him to record, review, and respond to the allegations. Appeal of the threeperson panel’s response or any decision made by the panel regarding the allegations will be heard by the State Inspector General under the authority provided by the provisions of Chapter 6, Title 1. The State Inspector General shall provide the procedures for this appeal process, including, but not limited to, a written finding at the end of the appeal process, which must be provided to the complainant and to the Attorney General and the director of the Crime Victim Services Division.” SECTION 8. A. Chapter 3, Title 16 of the 1976 Code is amended by adding: “Article 12 Crime Victim Assistance Grants Section 1631095. (A) The Department of Crime Victim Assistance Grants is created within the Office of the Attorney General, South Carolina Crime Victim Services Division to administer the Victims of Crime Act grants, the Violence Against Women Act grants, the State Victim’s Assistance Program grants, and beginning on July 1, 2018, the following: the Edward Byrne Memorial Justice Assistance Grant (JAG) Program, the Residential Substance Abuse Treatment for State Prisoners (RSAT) Program, the Paul Coverdell Forensic Science Improvement Grant Program (the Coverdell law), Title II Formula Grants Program, the Bulletproof Vest Partnership (BVP), Juvenile Accountability Block Grants (JABG), and Statistical Analysis Center grant program. (B) The Director of the Crime Victim Services Division shall appoint a deputy director of the department. The deputy director