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H. 3934
STATUS INFORMATION
General Bill
Sponsors: Reps. McLeod, Jennings, Allen, Haskins, G.M. Smith and Viers
Document Path: l:\council\bills\ms\7260ahb07.doc
Introduced in the House on April 18, 2007
Introduced in the Senate on May 24, 2007
Last Amended on May 22, 2007
Currently residing in the Senate Committee on Judiciary
Summary: Judicial Enhancement Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/18/2007 House Introduced and read first time HJ-122
4/18/2007 House Referred to Committee on Judiciary HJ-122
5/16/2007 House Committee report: Favorable with amendment Judiciary
HJ-70
5/18/2007 Scrivener's error corrected
5/22/2007 House Amended HJ-25
5/22/2007 House Read second time HJ-34
5/23/2007 House Read third time and sent to Senate HJ-21
5/24/2007 Senate Introduced and read first time SJ-17
5/24/2007 Senate Referred to Committee on Judiciary SJ-17
6/1/2007 Senate Referred to Subcommittee: Martin (ch), Malloy, Campsen,
Williams
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
4/18/2007
5/16/2007
5/18/2007
5/22/2007
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 22, 2007
H. 3934
Introduced by Reps. McLeod, Jennings, Allen, Haskins, G.M. Smith and Viers
S. Printed 5/22/07--H.
Read the first time April 18, 2007.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "JUDICIAL ENHANCEMENT ACT", BY ADDING SECTION 14-17-380 SO AS TO DIRECT EACH COUNTY CLERK OF COURT TO REPORT CERTAIN INFORMATION TO COURT ADMINISTRATION REGARDING INDICTMENTS; BY ADDING ARTICLE 3 TO CHAPTER 27, TITLE 15 SO AS TO PROVIDE A PROCEDURE FOR THE ASSIGNMENT OF A SINGLE CIRCUIT COURT JUDGE TO COMPLEX CIVIL ACTIONS; BY ADDING SECTION 20-7-405 SO AS TO EMPOWER A FAMILY COURT JUDGE TO APPOINT A HEARING OFFICER TO HEAR MATTERS INSTITUTED IN THE FAMILY COURT; BY ADDING SECTION 20-7-425 SO AS TO FACTORS FOR THE FAMILY COURT TO CONSIDER WHEN DETERMINING ATTORNEY'S FEES; TO AMEND SECTION 8-21-1010, AS AMENDED, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED BY MAGISTRATES, SO AS TO INCREASE THE FEE IN ALL CIVIL ACTIONS, FOR ISSUING A SUMMONS AND COPY FOR THE DEFENDANT, AND FOR FILING JUDGMENT WITH OR WITHOUT A HEARING FROM FORTY-FIVE DOLLARS TO ONE HUNDRED TWENTY DOLLARS; TO AMEND SECTION 17-27-70, RELATING TO POST-CONVICTION RELIEF PROCEDURES, SO AS TO REVISE THE PROCEDURE FOR JUDICIAL REVIEW OF POST-CONVICTION RELIEF FILINGS TO INCLUDE THE ISSUANCE OF A CERTIFICATE OF PROBABLE CAUSE; TO AMEND SECTION 22-3-10, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES COURTS, SO AS TO INCREASE THE CIVIL JURISDICTION FROM SEVEN THOUSAND FIVE HUNDRED DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 22-3-545, RELATING TO TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATES COURT, SO AS TO DELETE THE EXISTING PROVISIONS AND PROVIDE THAT A CASE MAY BE TRANSFERRED TO MAGISTRATES COURT IF THE PENALTY FOR THE CRIME DOES NOT EXCEED ONE YEAR OR IS A CRIME CLASSIFIED AS A MISDEMEANOR; AND TO AMEND SECTION 24-13-150, RELATING TO SERVICE OF A SENTENCE BY A PERSON WHO COMMITS A "NO PAROLE OFFENSE", SO AS TO ALLOW THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO FURTHER REDUCE AN OFFENDER'S SENTENCE BELOW THE MANDATED EIGHTY-FIVE PERCENT REQUIREMENT DOWN TO SEVENTY-FIVE PERCENT UNDER CERTAIN CIRCUMSTANCES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Judicial Enhancement Act".
SECTION 2. Article 3, Chapter 17, Title 14 of the 1976 Code is amended by adding:
"Section 14-17-380. Each county clerk of court, as directed by the South Carolina Court Administration, shall report to Court Administration all indictments for which a true bill is returned by the Grand Jury, which must include the date on which the indictment was issued by the Grand Jury, the identity of the defendant, the offense charged, and the identifying number of the warrant associated with the indictment."
SECTION 3. Chapter 27, Title 15 of the 1976 Code is amended by adding:
Section 15-27-300. (A) Upon motion of counsel made after the filing of the original complaint in a civil action, the Chief Administrative Judge of a judicial circuit may assign the action to a judge within the circuit who has jurisdiction to handle that case from beginning to end if the Chief Administrative Judge finds that the case is complex or that the ends of justice or judicial economy would be served by the designation of the case to a single circuit judge.
(B) The motion may be granted on the information contained in the motion or the Chief Administrative Judge may require a hearing to determine whether the case justifies the designation of a single circuit judge.
(C) If the motion is granted, the case may not be called for trial before the date designated in the order. The Chief Administrative Judge shall assign the case to a single judge permanently residing in the circuit, and all pretrial motions and other matters pertaining to the case are under the exclusive jurisdiction of the judge assigned to the case. When appropriate, the case must be given a date certain for trial with the trial of the case handled by the assigned judge.
(D) If the Chief Administrative Judge believes that the case does not require the assignment of a single judge to handle the case from beginning to end, he may partially grant the motion by providing a date in the order before which the case cannot be called to trial. This allows counsel adequate time to prepare the case for trial without the necessity of having to attend roster meetings and justify a continuance. Continuances beyond the date established in the scheduling order may not be requested or granted by the Chief Administrative Judge without a showing of exceptional circumstances. When the continuance expires, the case must be handled in the same manner as all other civil cases.
(E) If the Chief Administrative Judge does not believe that the case requires the assignment of a single judge to handle the case from beginning to end pursuant to the provisions of this section, or does not believe that the case requires additional time for preparation, he may deny the motion and the case must be placed on the trial roster and handled in the same manner as all other civil cases.
(F) If the motion is granted and a single judge is assigned to handle the case from beginning to end, copies of the motion and order granting the motion must be provided by the Clerk of Court to counsel of record, the judge assigned to the case, and the South Carolina Court Administration.
(G) The South Carolina Supreme Court may implement the provisions of this section by rule or otherwise and may prepare a specified form of motion to be used pursuant to the requirements of this section."
SECTION 4. Article 5, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-425. (A) In determining whether to award attorney's fees pursuant to Section 20-7-420(38), the court must consider and make findings of fact in writing with regard to each of the following factors:
(1) ability of each party to pay his own attorney's fees;
(2) beneficial results obtained by the party's attorney;
(3) parties' respective financial conditions;
(4) effect of the fee on each party's standard of living;
(5) existence, nature, and content of an offer of settlement or an offer of judgment made by the party from whom the recovery of attorney's fees is sought; and
(6) final report of mediation that bears on the willingness of the parties or their attorneys to engage in and cooperate with the mediation process.
(B) In determining a reasonable amount of attorney's fees to award pursuant to Section 20-7-420(38), after the court determines that an amount of attorney's fees should be awarded pursuant to subsection (A), the court must consider and make findings of fact in writing with regard to each of the following factors:
(1) nature, extent, and difficulty of the case;
(2) time necessarily devoted to the case;
(3) professional standing of counsel;
(4) contingency of compensation;
(5) beneficial results obtained;
(6) customary legal fees for similar services;
(7) existence, nature, and content of an offer of settlement or offer of judgment made by the party from whom the recovery of attorney's fees is sought; and
(8) final report of mediation that bears on the willingness of the parties or their attorneys to engage in and cooperate with the mediation process.
(C) For purposes of subsections (A)(5) and (6) and (B)(7) and (8), an offer of settlement or offer of judgment and the final report of mediation must be filed with the court under seal within ten days of a final hearing to establish a record of the offer or report and to provide the court with the information necessary to make findings of fact on these issues upon resolution of the final hearing.
(D) The provisions of this section do not apply to applications, motions, or petitions for temporary relief pending a final decision."
SECTION 5. Section 8-21-1010(6), as last amended by Act 226 of 2000, is further amended to read:
"(6) in all civil actions, for issuing a summons and a copy for defendant, and for giving judgment with or without a hearing, forty-five one hundred twenty dollars;"
SECTION 6. Section 17-27-70 of the 1976 Code is amended to read:
"Section 17-27-70. (a)(A) Within thirty days after the docketing of the application, or within any further another time the court may fix, the State shall respond by answer or by motion which may be supported by affidavits. At any time prior to Before entry of judgment the court may, when appropriate, may issue orders for amendment of the application or any a pleading or motion, for pleading over, for filing further pleadings or motions, or for extending the time of the filing of any a pleading. In considering the application, the court shall take account of substance, regardless of defects of form. If the application is not accompanied by the record of the proceedings challenged therein, the respondent shall file with its answer the record or portions thereof of it that are material to the questions raised in the application.
(b)(B) When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to post-conviction relief and no purpose would be served by any further proceedings, it may indicate to the parties its intention to dismiss the application and its reasons for so doing. The applicant shall be given an opportunity to reply to the proposed dismissal. In light of the reply, or on default thereof, the court may order the application dismissed or grant leave to file an amended application or direct that the proceedings otherwise continue. Disposition on the pleadings and record is not proper if there exists a material issue of fact When all filings required by the provisions of subsection (A) have been received, the clerk of court shall forward the documents to the trial judge who presided over the case that resulted in the applicant's conviction. The judge must review the materials and determine whether there are disputed issues of material fact or law that, if correct, would require granting the application.
(1) If the judge determines that the application contains disputed issues of material fact or law that require granting the application, he shall issue a Certificate of Probable Cause directed to the clerk of court of the circuit in which the application was filed. Upon receipt of the Certificate of Probable Cause, the clerk of court shall appropriately schedule the case for a hearing before a circuit judge other than the sentencing judge. If the applicant is indigent, counsel must be appointed to represent the applicant at the hearing by a circuit judge other than the sentencing judge.
(2) If the judge determines that the application contains no disputed issues of material fact or law that require granting the application and no purpose is served by further proceedings, he shall deny the Certificate of Probable Cause and enter an order dismissing the application.
(3) The issuance of a Certificate of Probable Cause is not binding on the judge who presides over the subsequent hearing on the application and the court may deny or dismiss the application subsequent to the issuance of a Certificate of Probable Cause.
(4) The decision to deny a Certificate of Probable Cause is immediately appealable by the applicant.
(c)(C) The court may grant a motion by either party for summary disposition of the application when it appears from the pleadings, depositions, and admissions and agreements of fact, together with any affidavits submitted, that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law."
SECTION 7. Section 22-3-10 of the 1976 Code is amended to read:
"Section 22-3-10. Magistrates have concurrent civil jurisdiction in the following cases:
(1) in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed seven thousand five hundred fifteen thousand dollars;
(2) in actions for damages for injury to rights pertaining to the person or personal or real property, if the damages claimed do not exceed seven thousand five hundred fifteen thousand dollars;
(3) in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed seven thousand five hundred fifteen thousand dollars;
(4) in actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed seven thousand five hundred fifteen thousand dollars;
(5) in actions upon a bond conditioned for the payment of money, not exceeding seven thousand five hundred fifteen thousand dollars, though the penalty exceeds that sum, the judgment to be given for the sum actually due, and when the payments are to be made by installments an action may be brought for each installment as it becomes due;
(6) in any action upon a surety bond taken by them, when the penalty or amount claimed does not exceed seven thousand five hundred fifteen thousand dollars;
(7) in any action upon a judgment rendered in a court of a magistrate or an inferior court when it is not prohibited by the South Carolina Rules of Civil Procedure;
(8) to take and enter judgment on the confession of a defendant in the manner prescribed by law when the amount confessed does not exceed seven thousand five hundred fifteen thousand dollars;
(9) in any action for damages or for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed seven thousand five hundred fifteen thousand dollars;
(10) in all matters between landlord and tenant and the possession of land as provided in Chapters 33 through 41 of Title 27;
(11) in any action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, his agent, or attorney, does not exceed the sum of seven thousand five hundred fifteen thousand dollars;
(12) in all actions provided for in this section when a filed counterclaim involves a sum not to exceed seven thousand five hundred fifteen thousand dollars, except that this limitation does not apply to counterclaims filed in matters between landlord and tenant and the possession of land;
(13) in interpleader actions arising from real estate contracts for the recovery of earnest money, only if the sum claimed does not exceed seven thousand five hundred fifteen thousand dollars; and
(14) in actions for damages arising from a person's failure to return leased or rented personal property within seventy-two hours after the expiration of the lease or rental agreement, such damages to be based on the loss of revenue or replacement value of the property, whichever is less, if the damages claimed do not exceed seven thousand five hundred fifteen thousand dollars; however, the lease or rental agreement must set forth the manner in which the amount of the loss of revenue or replacement value of the item leased or rented is calculated."
SECTION 8. Section 22-3-545(A) of the 1976 Code is amended to read:
"(A) Notwithstanding the provisions of Sections 22-3-540 and 22-3-550, a criminal case, the penalty for which the crime in the case does not exceed five thousand five hundred dollars or one-year imprisonment, or both, may be transferred from general sessions court if the provisions of this section are followed the following types of cases may be transferred from general sessions court pursuant to the provisions of this section:
(1) criminal cases in which the penalty for the crime in the case does not exceed one-year imprisonment; or
(2) crimes classified as misdemeanors in Section 16-1-100."
SECTION 9. Chapter 25, Title 17 of the 1976 Code is amended by adding:
"Section 17-25-65. (A) The court may correct, within seven days of sentencing, a sentence that resulted from arithmetical, technical, or other clear error.
(B) Upon motion of the State:
(1) within one year of sentencing, the court may reduce a sentence if the defendant, after sentencing, provides substantial assistance in investigating or prosecuting another person; and
(2) one year or more after sentencing, the court may reduce a sentence if the defendant's substantial assistance involves information:
(a) not known by the defendant until one year or more after the defendant's sentencing;
(b) provided by the defendant to the State within one year of sentencing, but which did not become useful to the State until more than one year after sentencing; or
(c) the usefulness of which could not reasonably be anticipated by the defendant until more than one year after sentencing and which he promptly provided to the State after its usefulness became reasonably apparent to him.
(C) In evaluating whether the defendant has provided substantial assistance, the court may consider the presentence assistance of the defendant.
(D) Notwithstanding another provision of law, this section authorizes the court to reduce the sentence below the minimum sentence established by law."
SECTION 10. Section 22-3-550(A) of the 1976 Code is amended to read:
"(A) Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both. In addition, a magistrate may order restitution in an amount not to exceed five fifteen thousand dollars. In determining the amount of restitution, the judge shall determine and itemize the actual amount of damage or loss in the order. In addition, the judge may set an appropriate payment schedule.
A magistrate may hold a party in contempt for failure to pay the restitution ordered if the judge finds the party has the ability to pay."
SECTION 11. (A) There is created a Judicial Circuit Reapportionment Study Committee to review the apportionment of the state's judicial circuits and to examine and evaluate the size of the existing judicial circuits with the goals of keeping counties whole and determining the appropriateness of having the larger counties contained within their own judicial circuits.
(B) The Judicial Circuit Reapportionment Study Committee must be composed of eleven members appointed as follows:
(1) three members of the House of Representatives appointed by the Speaker of the House of Representatives;
(2) three members of the Senate appointed by the President Pro Tempore of the Senate;
(3) the Chief Justice of the South Carolina Supreme Court;
(4) two members appointed by the Governor who must be attorneys licensed to practice law in the State;
(5) one family court judge appointed by the Chief Justice of the South Carolina Supreme Court; and
(6) one circuit court judge appointed by the Chief Justice of the South Carolina Supreme Court.
(C) The Chairman of the Senate Judiciary Committee shall provide appropriate staff, and the Chairman of the House Judiciary Committee shall provide appropriate staff who shall work with the Office of Research and Statistics to perform the duties of the committee.
(D) Members of the committee may receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.
(E) The committee shall render its report and recommendations to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor no later than January 1, 2008.
SECTION 12. 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 13. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 14. The provisions of this act take effect upon approval by the Governor.
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