H 3389 — Immunity from criminal prosecution
Last action — Referred to Committee on Judiciary
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill is in committee in the House. Introduced December 05, 2024. It must pass committee before a floor vote.
Next likely step: a committee vote, then a floor vote in the House.
Prognosis
Where this bill stands today.
Odds of enactment
LowHow often bills like it became law.
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In Committee
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-11-450, RELATING TO IMMUNITY UNDER THE PROTECTION OF PERSONS AND PROPERTY ACT, SO AS TO GRANT A PERSON THE RIGHT TO APPEAL A COURT FINDING THAT THE PERSON IS NOT ENTITLED TO IMMUNITY NOTWITHSTANDING A SUBSEQUENT GUILTY PLEA TO THE SAME UNDERLYING OFFENSE.
Bill Text
What changed in the latest version
34 added · 4 removedPlain-language change summary
The updated version of Bill H 3389 now allows a person to appeal a court decision stating they are not entitled to immunity even if they later plead guilty to the same crime. This change is important because it ensures that individuals still have the right to contest their immunity status, which could impact their legal protections and consequences in similar future cases. Essentially, it opens a pathway for judicial review, allowing for a more thorough examination of the circumstances under which immunity was denied.
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06, 2024) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 3389Indicates Matter StrickenIndicates 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 16-11-450, RELATING TO IMMUNITY UNDER THE PROTECTION OF PERSONS AND PROPERTY ACT, SO AS TO GRANT A PERSON THE RIGHT TO APPEAL A COURT FINDING THAT THE PERSON IS NOT ENTITLED TO IMMUNITY NOTWITHSTANDING A SUBSEQUENT GUILTY PLEA TO THE SAME UNDERLYING OFFENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-11-450 of the S.C.
Code is amended by adding:
(D) A person has the right to appeal a court determination that the person is not entitled to immunity pursuant to the provisions of this article.
A subsequent guilty plea to the same underlying offense does not bar judicial review of the initial immunity determination notwithstanding any other judicial rules of waiver applicable to guilty plea proceedings.
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide.
After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
----XX---- This web page was last updated on December 06, 2024 at 11:35 AM
Action History
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Referred to Committee on Judiciary
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Introduced and read first time
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Referred to Committee on Judiciary
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Prefiled
Sponsors
- Representative J. Todd Rutherford · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 169 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (169)
169 members have not signed on to this bill.
Show all 169 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does H 3389 do?
- A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-11-450, RELATING TO IMMUNITY UNDER THE PROTECTION OF PERSONS AND PROPERTY ACT, SO AS TO GRANT A PERSON THE RIGHT TO APPEAL A COURT FINDING THAT THE PERSON IS NOT ENTITLED TO IMMUNITY NOTWITHSTANDING A SUBSEQUENT GUILTY PLEA TO THE SAME UNDERLYING OFFENSE.
- Who sponsors H 3389?
- H 3389 is sponsored by Representative J. Todd Rutherford.
- What is the current status of H 3389?
- This bill is in committee in the House. Introduced December 05, 2024. It must pass committee before a floor vote.
- Where can I track H 3389?
- Track H 3389 free on One Click Politics — get push/email alerts when it moves.
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