Juvenile Justice

2025-2026 Bill 5117: Juvenile Justice - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 5117
STATUS INFORMATION
General Bill
Sponsors: Reps. Cox, Garvin, Holman, T. Moore, Sessions and Wetmore
Document Path: LC-0424VR26.docx
Introduced in the House on February 5, 2026
Currently residing in the House Committee on
Judiciary
Summary: Juvenile Justice
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

2/5/2026

House

Introduced and read first time (
House Journal-page 16
)

2/5/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 16
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
02/05/2026

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.

B
e it enacted by the
General Assembly of the State of South Carolina:

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

S
ection
63-19-1210
.
I
n 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
the
a
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 to
determine this request.
If the request is denied, the
petitioner may appeal within five days to the circuit court. Upon the hearing
of the appeal, the judge of the circuit court is vested with the discretion of
exercising and asserting the jurisdiction of the court of general sessions or
of relinquishing jurisdiction to the family court. If the circuit judge elects
to exercise the jurisdiction of the general sessions court for trial of the
case, he shall issue an order to that effect, and then the family court has no
further jurisdiction in the matter.

(
7) Once a request for transfer to
general sessions court is received, the chief administrative judge must set a
status conference within thirty days. At the conclusion of the status
conference, the presiding judge must issue a scheduling order regarding discovery,
deadlines for evaluations including the necessity of an evaluation from the
department, pretrial motions, final hearing, and any other matters the judge
deems necessary. A consent order may be submitted and approved by the court
prior to the scheduled status conference. The judge, for good cause shown, may
alter or amend the order, sua sponte, or upon motion of any interested party.

(
8) The hearing on the request for
transfer to general sessions court must take place within one hundred eighty
days of the request for removal in cases in which the child is charged with
murder or criminal sexual assault and ninety days in all other cases. The
court, sua sponte, or upon motion of interested party, may continue the hearing
for good cause shown but in no event may the final hearing be held beyond
ninety days from the originally scheduled hearing.

(
9) At the final hearing the State
and defense may introduce exhibits, examine and cross examine any witnesses
whose testimony is relevant to the court's determination of removal to general
sessions court, and offer opening and closing statements. The department's
evaluation, if any, is a court's exhibit and the evaluator is subject to
examination by either party.

(
10) If the request for transfer is
denied, the petitioner may appeal within five days to the circuit court. Upon
hearing the appeal, the judge of the circuit court is vested with the
discretion of exercising and asserting the jurisdiction of the court of general
sessions or of leaving jurisdiction with the family court. If the circuit judge
elects to exercise the jurisdiction of the general sessions court for trial of
the case, he shall issue an order to that effect, which shall result in the
immediate relinquishment of the family court's jurisdiction in the matter.

(7)
(
11)
Once the family court relinquishes its jurisdiction
over the child and the child is bound over to be treated as an adult, Section
63-19-2020
dealing with the confidentiality of identity and fingerprints does
not apply.

(8)
(
12)
When jurisdiction is relinquished by the family court
in favor of another court,
the
that

court shall have full authority and power to grant bail, hold a preliminary
hearing and any other powers as now provided by law for magistrates in such
cases.

(9)
(
13)
If a child fourteen years of age or older is charged
with a violation of Section
16-23-430
, Section
16-23-20
, or Section
44-53-445
,
the court, after full investigation and hearing, if it considers it contrary to
the best interest of the child or the public to retain jurisdiction, 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.

(10)
(
14)
If a child fourteen years of age or older is charged
with an offense which, if committed by an adult, provides for a term of
imprisonment of ten years or more and the child previously has been adjudicated
delinquent in family court or convicted in circuit court for two prior offenses
which, if committed by an adult, provide for a term of imprisonment of ten
years or more, the court, after full investigation and hearing, if it considers
it contrary to the best interest of the child or the public to retain
jurisdiction, 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. For the purpose of this item, an
adjudication or conviction is considered a second adjudication or conviction
only if the date of the commission of the second offense occurred subsequent to
the imposition of the sentence for the first offense.

(
15) During the full investigation
and hearing to transfer a youth to the court of general sessions pursuant to
this section, the court must consider the following factors to determine if, by
clear and convincing evidence, it is contrary to the best interest of the child
or the public to retain jurisdiction:

(
a) the impact of the offense on the
victim;

(
b) the impact of the offense on the
community;

(
c) the threat posed by the juvenile
to the safety of the public or any individual;

(
d) the nature and circumstances of
the offense, taking into consideration:

(
i) the seriousness of the alleged
offense;

(
ii) whether the offense was against
persons or property, with greater weight being given to offenses against the
person;

(
iii) whether the offense was
committed in an aggressive, violent, premeditated and wilful manner;

(
iv) whether the offense involved
the use of a firearm or other dangerous weapon by brandishing, threatening,
displaying or otherwise employing such weapons; and

(
v) the nature of the juvenile's
participation in the alleged offense;

(
e) the adequacy and duration of the
dispositional alternatives available in family court and circuit court;

(
f) whether the juvenile is amenable
to treatment, supervision, or rehabilitation in family court considering:

(
i) the juvenile's age;

(
ii) the juvenile's mental and
emotional maturity;

(
iii) the degree of criminal
sophistication exhibited;

(
iv) the juvenile's prior record, if
any;

(
v) the nature and extent of any
prior delinquent history, including the success or failure of any previous
attempt of rehabilitation by the family court, including whether the juvenile
has documented adverse childhood experiences and whether or not the juvenile
has been previously provided with evidence-based therapeutic services;

(
vi) whether the alleged offense is
part of a repetitive pattern of similarly adjudicated offenses;

(
vii) whether the juvenile can be
rehabilitated prior to the expiration of family court jurisdiction;

(
viii) probation or institutional
reports; and

(
ix) other relevant factors.

(
16) The court's order transferring
a juvenile to the court of general sessions pursuant to this section must
include specific findings of facts addressing the factors listed in item (15).

S
ECTION 2. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on February 5, 2026 at 11:26 AM