Bill Text: SC S0037 | 2015-2016 | 121st General Assembly | Introduced

South Carolina Senate Bill 37 (Prior Session Legislation)

Introduced

Bill Title: Protection of Persons and Property Act

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-01-13 - Referred to Committee on Judiciary [S0037 Detail]

Download: South_Carolina-2015-S0037-Introduced.html

A BILL

TO AMEND ARTICLE 6, CHAPTER 11, TITLE 16 OF THE 1976 CODE, RELATING TO THE PROTECTION OF PERSONS AND PROPERTY ACT; BY ADDING SECTION 16-11-460 TO PROVIDE THAT AN ORDER CONCERNING IMMUNITY FROM PROSECUTION UNDER THE ARTICLE IS IMMEDIATELY APPEALABLE; AND TO PROVIDE THAT A DEFENDANT WHO DOES NOT APPEAL THE ORDER IMMEDIATELY MAY APPEAL THE DENIAL AFTER CONVICTION AND SENTENCING.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Article 6, Chapter 11, Title 16 of the 1976 Code is amended by adding:

"Section 16-11-460. An order concerning a defendant's motion for immunity from prosecution under this article is immediately appealable. A defendant who does not immediately appeal an order denying a request for immunity has nevertheless preserved the issue for appeal after conviction and sentencing."

SECTION 2. This act takes effect upon approval by the Governor.