South Carolina Code 16-3-1535. Summary court’s duty to notify victim of victim’s rights; form for victim impact statement
(1) be present and participate in all hearings;
Terms Used In South Carolina Code 16-3-1535
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Personal property: All property that is not real property.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Prosecuting agency: means the solicitor, Attorney General, special prosecutor, or any person or entity charged with the prosecution of a criminal case in general sessions or family court. See South Carolina Code 16-3-1510
- Summary court: means magistrate or municipal court. See South Carolina Code 16-3-1510
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Victim: means any individual who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a criminal offense, as defined in this section. See South Carolina Code 16-3-1510
- Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
(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.