South Carolina H 5117: Juvenile Justice

Bill Text

2025-2026 Bill 5117 Text of Previous Version (Feb. 05, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5117

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 63-19-1210, RELATING TO TRANSFER OF JURISDICTION IN JUVENILE JUSTICE 
CASES, SO AS TO ESTABLISH CERTAIN PREREQUISITES BEFORE TRANSFERRING JUVENILE 
CASES FROM FAMILY COURT TO GENERAL SESSIONS COURT, INCLUDING THE REQUIREMENT 
FOR A FULL INVESTIGATION AND HEARING AS WELL AS THE COURT'S CONSIDERATION OF 
CERTAIN FACTORS BEFORE ISSUING AN ORDER TO TRANSFER; AND FOR OTHER PURPOSES.

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

SECTION 1. Section 63-19-1210 of the S.C. Code is amended to read:

 Section 
63-19-1210. In accordance with the jurisdiction 
granted to the family court pursuant to Sections 63-3-510, 63-3-520, and 
63-3-530, jurisdiction over a case involving a child must be transferred or 
retained as follows:

 (1) 
If, during the pendency of a criminal or quasi-criminal charge against a child 
in a circuit court of this State, it is ascertained that the child was under 
the age of eighteen years at the time of committing the alleged offense, it is 
the duty of the circuit court immediately to transfer the case, together with 
all the papers, documents, and testimony connected with it, to the family court 
of competent jurisdiction, except in those cases where the Constitution gives 
to the circuit court exclusive jurisdiction or in those cases where 
jurisdiction has properly been transferred to the circuit court by the family 
court under the provisions of this section. The court making the transfer shall 
order the child to be taken immediately to the place of detention designated by 
the court or to that court itself, or shall release the child to the custody of 
some suitable person to be brought before the court at a time designated. The 
court then shall proceed as provided in this chapter. The provisions of this 
section are applicable to all existing offenses and to offenses created in the 
future unless the General Assembly specifically directs otherwise.

 (2) 
Whenever a child is brought before a magistrate or city recorder and, in the 
opinion of the magistrate or city recorder, the child should be brought to the 
family court of competent jurisdiction under the provisions of this section, 
the magistrate or city recorder shall transfer the case to the family court and 
direct that the child involved be taken there.

 (3) 
When an action is brought in a circuit court which, in the opinion of the 
judge, falls within the jurisdiction of the family court, he may transfer the 
action upon his own motion or the motion of any party.

 (4) 
If a child seventeen years of age or older is charged with an offense which, if 
committed by an adult, would be a misdemeanor, a Class E or F felony as defined 
in Section 16-1-20, or a felony which provides for a maximum term of 
imprisonment of ten years or less, and if the court, after full investigation, 
considers it contrary to the best interest of the child or of the public to 
retain jurisdiction, the court, in its discretion, acting as committing 
magistrate, may bind over the child for proper criminal proceedings to a court 
which would have trial jurisdiction of the offense if committed by an adult.

 (5) 
If a child fourteen, fifteen, or sixteen years of age is charged with an 
offense which, if committed by an adult, would be a Class A, B, C, or D felony 
as defined in Section 16-1-20 or a felony which provides for a maximum term of 
imprisonment of fifteen years or more, the court, after full investigation and 
hearing, may determine it contrary to the best interest of the child or of the 
public to retain jurisdiction. The court, acting as committing magistrate, may 
bind over the child for proper criminal proceedings to a court which would have 
trial jurisdiction of the offenses if committed by an adult.

 (6) 
Within thirty days after the filing of A person submitting a petition in the family court 
alleging thea child who is twelve years of age or older and has committed the 
offense of murder or is fourteen years of age or older and 
has committed the offense of criminal sexual conduct, the person executing the petition may request in 
writing that the case be transferred to the court of general sessions with a 
view to proceeding against the child as a criminal rather than as a child 
coming within the purview of this chapter. The request 
must be filed within ninety days of the petition but may be extended for good 
cause. A request for transfer in cases in which murder or criminal sexual 
conduct are not charged must be filed within thirty days of the petition absent 
good cause shown. The judge of the family court is authorized