South Carolina H 3066: Substantial Assistance to the State

Status: Referred to Committee on Judiciary (as of 2025-01-14)

State: South Carolina · Session: 2025-2026 · Bill: H 3066

Sponsors: Rutherford

Bill Text

2025-2026 Bill 3066 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3066

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 17-25-65, RELATING TO THE REDUCTION OF A SENTENCE FOR SUBSTANTIAL 
ASSISTANCE TO THE STATE, SO AS TO ADD THAT THE ATTORNEY GENERAL IS ALSO 
AUTHORIZED TO FILE A MOTION UNDER THE PROVISIONS OF THE SECTION.

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

SECTION 1. Section 17-25-65 of the S.C. Code is amended to read:

 Section 
17-25-65. (A) Upon the state's 
motion made within one year of sentencing, the court may reduce a sentence if 
the defendant, after sentencing, provided:

 (1) 
substantial assistance in investigating or prosecuting another person; or

 (2) 
aid to a Department of Corrections employee or volunteer who was in danger of 
being seriously injured or killed.

 (B) 
Upon the state's motion made more than one year after sentencing, the court may 
reduce a sentence if the defendant's substantial assistance involved:

 (1) 
information not known to the defendant until one year or more after sentencing;

 (2) 
information provided by the defendant to the State within one year of 
sentencing, but which did not become useful to the State until more than one 
year after sentencing;

 (3) 
information, the usefulness of which could not reasonably have been anticipated 
by the defendant until more than one year after sentencing, and which was 
promptly provided to the State after its usefulness was reasonably apparent to 
the defendant; or

 (4) 
aid to a Department of Corrections employee or volunteer who was in danger of 
being seriously injured or killed.

 (C) A 
motion made pursuant to this provision shallmust be filed by that circuit solicitor in the county 
where the defendant's case arose or by the Attorney 
General. The State shall send a copy to the chief judge of the circuit 
within five days of filing. The chief judge or a circuit court judge currently 
assigned to that county shall have jurisdiction to hear and resolve the motion. 
Jurisdiction to resolve the motion is not limited to the original sentencing 
judge.

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

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