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
an arrest warrant is not presented to the county grand jury
within ninety days after the solicitor receives the warrant from
the clerk of court, upon motion by the defendant, the chief
administrative judge shall hold a hearing for the purpose of
determining whether the State should be compelled to have the
case presented to the grand jury during its next term. If the
state is instructed by the court at that time to present the
case to the grand jury and the state fails to do so, the court
may issue any remedy it deems appropriate; and
(2) if
a case has not otherwise been scheduled for trial within one
hundred eighty days after indictment, then upon motion by the
defendant at any time thereafter, the chief administrative judge
shall hold a hearing for the purpose of establishing a
scheduling order in the case." /
Renumber sections to conform.
Amend title to conform.