§ 16-3-1535 — Summary court's duty to notify victim of victim's rights; form for victim impact statement.

South Carolina § 16-3-1535

• Jurisdiction: South Carolina
• Title 16: CRIMES AND OFFENSES
• Ch. 3: OFFENSES AGAINST THE PERSON

Text

(A) The summary court, upon retaining jurisdiction of an offense involving one or more victims, reasonably must attempt to notify each victim of his right to: (1) be present and participate in all hearings; (2) be represented by counsel; (3) pursue civil remedies; and (4) submit an oral or written victim impact statement, or both, for consideration by the summary court judge at the disposition proceeding. (B) The summary court must provide to each victim who wishes to make a written victim impact statement a form that solicits pertinent information regarding the offense, including: (1) the victim's personal information and supplementary contact information; (2) an itemized list of the victim's economic loss and recovery from any insurance policy or any other source; (3) details of physical or psychological injuries, or both, including their seriousness and permanence; (4) identification of psychological services requested or obtained by the victim; (5) a description of any changes in the victim's personal welfare or family relationships; and (6) any other information the victim believes to be important and pertinent. (C) The summary court judge must inform a victim of the applicable procedures and practices of the court. (D) The summary court judge reasonably must attempt to notify each victim related to the case of each hearing, trial, or other proceeding. (E) A law enforcement agency and the summary court must return to a victim personal property recovered or taken as evidence as expeditiously as possible, substituting photographs of the property and itemized lists of the property including serial numbers and unique identifying characteristics for use as evidence when possible. (F) The summary court judge must recognize and protect the rights of victims and witnesses as diligently as those of the defendant. (G) In cases in which the sentence is more than ninety days, the summary court judge must forward, as appropriate and within fifteen days, a copy of each victim's impact statement or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections, the Department of Probation, Parole and Pardon Services, or the Board of Juvenile Parole, the Department of Juvenile Justice, and a diversion program. The names, addresses, and telephone numbers of victims and prosecution witnesses contained in the records of the Department of Corrections, the Department of Probation, Parole and Pardon Services, the Board of Juvenile Parole, and the Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly, except by order of a court of competent jurisdiction or as necessary to provide notifications, or services, or both, between these agencies, these agencies and the prosecuting agency, or these agencies and the Attorney General.

Legislative History

HISTORY: 1996 Act No. 437, SECTION 1; 1997 Act No. 141, SECTION 3; 2005 Act No. 106, SECTION 6, eff January 1, 2006. Editor's Note 1996 Act No. 437, SECTION 8, eff January 1, 1997, provides as follows: "Implementation of the changes in law effectuated by this act to Sections 16-3-1110, 16-3-1535, 17-25-322, 17-25-324, and 24-21-490 of the 1976 Code and the requirements thereunder or in any new provisions of law contained herein which would necessitate funding are contingent upon appropriations of sufficient funding by the General Assembly. Nothing herein shall relieve the various agencies and authorities within the offices of the respective clerks of court or judicial, correctional, and parole systems of this State from continuing to meet, enforce, and address those provisions of law related to restitution in effect prior to the enactment hereof."