The bill H. 5117 aims to amend Section 63-19-1210 of the South Carolina Code of Laws, which governs the transfer of jurisdiction in juvenile justice cases. The proposed changes establish specific prerequisites that must be met before a juvenile case can be transferred from family court to general sessions court. These prerequisites include conducting a full investigation and hearing, as well as the court's consideration of various factors to determine whether transferring the case is contrary to the best interest of the child or the public. The bill outlines the factors that the court must consider, such as the impact of the offense on the victim and community, the threat posed by the juvenile, and the adequacy of available dispositional alternatives.
Additionally, the bill specifies that the court's order for transfer must include detailed findings of fact addressing the aforementioned factors. It also sets timelines for hearings and requests for transfer, ensuring that cases involving serious offenses like murder or criminal sexual conduct are prioritized. The bill is designed to enhance the judicial process in handling juvenile cases, ensuring that decisions are made with careful consideration of the child's circumstances and the potential impact on public safety. The act will take effect upon approval by the Governor.
Statutes affected: 02/05/2026: 63-19-1210
Latest Version: 63-19-1210