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H 4151

Juveniles

2025-2026 Regular Session Introduced by Joe Bustos and 32 co-sponsors

16- and 17-year-olds charged with listed serious/violent felonies move from juvenile to adult court, unless the solicitor remands to family court.

Referred to Committee on Judiciary
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Bill Summary · H 4151

Summary — H 4151 (Juveniles)

Purpose

H 4151 amends the definition of “child” or “juvenile” in the South Carolina Juvenile Justice Code (S.C. Code §63-19-20(1)) to create exceptions for certain 16- and 17-year-old defendants charged with serious or violent felonies. The change shifts those youths out of automatic juvenile-court status and into adult criminal-court jurisdiction, while preserving prosecutorial discretion to remand some cases back to family court.

Key provisions

  • Revises the statutory definition so that a “child” or “juvenile” means a person under 18, but excludes specified older minors from that term:
    • Subsection (a): A person 17 years of age or older is not a “juvenile” if charged with
    • a Class A, B, C, or D felony (per S.C. Code §16-1-20),
    • any felony that carries a maximum term of imprisonment of 15 years or more,
    • or any offense in Chapter 23, Title 16.
    • Exception: A 17-year-old charged with these offenses “may be remanded to the family court for disposition” at the solicitor’s discretion.
    • Subsection (b): A person 16 years of age or older is not a “juvenile” if charged with
    • a felony punishable by 30 years or more,
    • first-degree burglary (S.C. Code §16-11-311),
    • or attempted murder (S.C. Code §16-3-29).
    • Exception: A 16-year-old charged with these offenses “may be remanded to the family court for disposition” at the solicitor’s discretion.
  • Any additional or accompanying charges related to the listed offenses must be heard by the court that has jurisdiction over those listed offenses (i.e., they travel with the case to the adult court).
  • Effective date: the act takes effect upon approval by the Governor.

Who is affected

  • Primary effect: 16- and 17-year-old defendants charged with the enumerated serious or violent felonies — these youths are presumptively outside juvenile-court jurisdiction and would be processed in adult criminal court unless the solicitor remands the case to family court.
  • Secondary effects: victims, defense and prosecution practices, juvenile and adult court caseloads, sentencing outcomes, and detention/incarceration placements (adult facilities and adult sentencing laws may apply).

Procedural status & timeline (as provided)

  • Introduced and first read: 03/05/2025; referred to House Committee on Judiciary.
  • Recorded actions include readings, committee referrals, and entries dated through 06/12/2025 (see legislative history provided). Section 2 states the act becomes effective upon the Governor’s approval.

Notes

  • The provided bill package contains duplicated text and unrelated material (an apparent insertion of Massachusetts appropriation language). The summary above is based on the South Carolina statutory amendment language (S.C. §63-19-20(1)) contained in the bill version dated 03/05/2025.

Compiled from official sources — confirm details with the bill’s official record.

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