The bill H. 3063 seeks to amend Section 16-11-450 of the South Carolina Code of Laws, which pertains to the "Stand Your Ground" law. The primary change introduced by this bill is the stipulation that during a pretrial hearing where a defendant claims immunity under the Stand Your Ground provisions, the burden of proof will rest on the State. This means that it is the responsibility of the State to demonstrate that the defendant is not entitled to immunity, rather than the defendant having to prove their entitlement.
Additionally, the bill includes a provision that clarifies the impact of its amendments on existing laws and pending actions. It states that the repeal or amendment of any law by this act will not affect any ongoing legal actions, rights, or liabilities that were established under the previous law, ensuring that such matters remain enforceable as they were prior to the amendment. The bill will take effect upon approval by the Governor.
Statutes affected: 12/05/2024: 22-3-545
12/06/2024-A: 16-11-450
Latest Version: 16-11-450
12/06/2024: 22-3-545