Reference is to the bill as introduced.
Amend the bill, as and if amended, by deleting SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 1-7-330 of the 1976 Code is amended to read:
"Section 1-7-330. (A)
The solicitors shall attend the courts of general
sessions for their respective circuits. Preparation of the
dockets for general sessions courts shall be
exclusively vested in the circuit solicitor and
the solicitor he shall determine the
order in which cases on the docket are called for trial.
Provided, however, that no later than seven days prior to the
beginning of each term of general sessions court, the solicitor
in each circuit shall prepare and publish a docket setting forth
the cases to be called for trial during the term.
Notwithstanding the provisions of this section, the circuit
solicitor's ability to administer the general sessions court
docket shall not interfere with the court's ability to safeguard
a litigant's rights including, but not limited to, as provided
in subsection (B).
(B)
Notwithstanding the provisions of this section and
pursuant to Section 14, Article I of the Constitution of South
Carolina, 1895, which provides that any person charged with an
offense shall enjoy the right to a speedy and public trial by an
impartial jury:
(1)
if a defendant makes a motion for a speedy
trial, the court shall schedule trial of the case during the
next term of court to be heard by a judge of competent
jurisdiction;
(2)
if a defendant has been incarcerated for one
year or more and a trial has not been scheduled, the circuit
solicitor shall notify the Chief Justice of the Supreme Court
and the chief administrative judge for the general sessions
court with jurisdiction over the offense. Within two weeks of
notification, the chief administrative judge shall schedule a
status conference and if trial is not set for the next term of
court, the chief administrative judge shall set a bond hearing
for a review of the defendant's bond." /
Renumber sections to conform.
Amend title to conform.