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Removal of Eviction Record
H. 4270 would remove an eviction action that does not result in a Writ of Ejectment or Order of Eviction from the public index and any other public accessible records. The removal may occur by court order or by applicantion of a defendant. It also would remove any record of an eviction six years after the final disposition.
Status: A House Judiciary subcommittee amended the bill to change the eviction time to five years after its final disposition or if no disposition is recorded. The amendment also requires the court records to be removed after five years. The bill will be on the next full committee’s agenda.
Juvenile Crime Waivers
H. 4151 would exclude from the definition of a child or juvenile a person 17 or older who is charged with any offense involving a weapon, as well as a person 16 or older who is charged with a felony offense carrying a term of imprisonment for 30 years or more, a first-degree burglary offense, or the offense of attempted murder. This shifts these cases from family court to circuit court. However, the bill would authorize the family court to, at the discretion of the solicitor, hear cases for these individuals.
Status: The House Judiciary Criminal Laws subcommittee amended H. 4151 to add to the list of reasons a case could be moved to circuit court, including a motion of the circuit court, or upon motion of the defendant after a hearing and order issued by the circuit court judge. The bill will be on the next full committee’s agenda.
Juvenile Fingerprints
H. 5120 would require the Department of Juvenile Justice to fingerprint and photograph juveniles admitted to any secure facility operated by the agency and to send these to the State Law Enforcement Division (SLED). The bill also would require the fingerprints to be kept separate from adults’ fingerprint records.
Status: A House Judiciary subcommittee gave H. 5120 a favorable report, and the bill will be on the next full committee’s agenda.
Juvenile Prevention Programs
H. 5121 would establish community juvenile crime prevention programs under which public or private nonprofit entities would be allowed to provide services and activities to prevent juvenile crime and delinquency.
Status: A House Judiciary subcommittee gave H. 5121 a favorable report, and the bill will be on the next full committee’s agenda.
Probate, Notice to Creditors
H. 4511 would allow for notice by publication in an online version of a newspaper for certain real property actions such as foreclosures. It also would create a centralized website for the South Carolina Probate Court, to be organized by county and searchable by the names of either the decedent or the personal representative. Finally, it would allow a personal representative to provide notice to creditors through this centralized website.
Status: The House adopted a strike-and-insert amendment that, among other things, would allow for notice by publication in either a print or online version of a newspaper for court proceedings involving real estate actions that include either unknown parties or known parties that cannot be located. It also would allow a personal representative to provide notice to creditors in a print version of a newspaper and an online version, if available, at no additional charge to the personal representative. Finally, notice to creditors in a probate action also would be permitted in counties whose probate court has a publicly accessible website that allows the online publication of notice for a fee. The probate court also could allow creditors to file claims online for a fee.
The House then gave H. 4511 second and third readings, sending the bill to the Senate.
Coroners Disposition of Remains
H. 4188 would allow coroners to release unclaimed remains to another family member of the deceased when the next of kin of the deceased is charged in connection with the death or is otherwise uncooperative in claiming the remains. It also would require the coroner to cremate unclaimed remains within 30 days of the date of death or date of discovery.
Status: The House gave H. 4188 second and third readings, sending the bill to the Senate.
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