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H 4156
Session 115 (2003-2004)


H 4156 General Bill, By Rutherford, G.M. Smith, Weeks, Sheheen, Parks, Allen, 
Altman, Battle, Branham, Breeland, J. Brown, Gourdine, J. Hines, M. Hines, 
Howard, Lucas, Mahaffey, Miller, Moody-Lawrence, J.H. Neal, Rivers and Sinclair
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 22-3-915 SO AS TO PROVIDE THAT A MAGISTRATE MAY NOT COMMENCE A TRIAL OR
 ANOTHER PROCEEDING, OR REQUIRE AN ATTORNEY TO APPEAR OR BE PRESENT IN COURT,
 ON SATURDAY OR SUNDAY, EXCEPT IN THE CASE OF EMERGENCIES.

   05/06/03  House  Introduced and read first time HJ-12
   05/06/03  House  Referred to Committee on Judiciary HJ-12



H. 4156

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-915 SO AS TO PROVIDE THAT A MAGISTRATE MAY NOT COMMENCE A TRIAL OR ANOTHER PROCEEDING, OR REQUIRE AN ATTORNEY TO APPEAR OR BE PRESENT IN COURT, ON SATURDAY OR SUNDAY, EXCEPT IN THE CASE OF EMERGENCIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 3, Title 22 of the 1976 Code is amended by adding:

"Section 22-3-915.    Notwithstanding any court rule or other provision of law to the contrary, a magistrate may not commence a trial or another proceeding, or require an attorney to appear or be present in the court, on Saturday or Sunday except in the case of emergencies. The provisions of this section do not apply to bond hearings."

SECTION    2.    This act takes effect upon approval by the Governor.

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