S*0176(Rat #0268, Act #0241 of 2014)  General Bill, By Young

Similar(H 3076)
 AN ACT TO AMEND SECTION 22-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE TIME FOR A MOTION FOR NEW TRIAL AND APPEAL IN MAGISTRATES
 COURT, SO AS TO INCREASE THE TIME PERIOD IN WHICH A MOTION FOR A NEW TRIAL MAY
 BE MADE FROM FIVE TO TEN DAYS, AND TO PROVIDE AN EXCEPTION FOR MOTIONS FOR A
 NEW TRIAL MADE UNDER CHAPTERS 37 AND 40, TITLE 27. - ratified title

   01/08/13  Senate Introduced and read first time
                     (Senate Journal-page 111)
   01/08/13  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 111)
   03/08/13  Senate Referred to Subcommittee: S.Martin (ch),
                     McElveen, Young
   03/20/13  Senate Committee report: Favorable Judiciary
                     (Senate Journal-page 11)
   03/21/13  Senate Read second time (Senate Journal-page 30)
   03/21/13  Senate Roll call Ayes-41  Nays-0 (Senate Journal-page 30)
   03/21/13         Scrivener's error corrected
   04/09/13  Senate Read third time and sent to House
                     (Senate Journal-page 16)
   04/09/13  House  Introduced and read first time (House Journal-page 54)
   04/09/13  House  Referred to Committee on Judiciary
                     (House Journal-page 54)
   05/14/14  House  Committee report: Favorable with amendment
                     Judiciary (House Journal-page 7)
   05/20/14  House  Amended (House Journal-page 59)
   05/20/14  House  Read second time (House Journal-page 59)
   05/20/14  House  Roll call Yeas-91  Nays-16 (House Journal-page 59)
   05/21/14  House  Reconsidered (House Journal-page 8)
   05/21/14  House  Debate adjourned until Thur., 5-12-14
                     (House Journal-page 108)
   05/22/14  House  Amended (House Journal-page 14)
   05/22/14  House  Read second time (House Journal-page 14)
   05/22/14  House  Roll call Yeas-103  Nays-0 (House Journal-page 15)
   05/22/14  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 16)
   05/23/14  House  Read third time and returned to Senate with
                     amendments (House Journal-page 2)
   05/29/14  Senate House amendment amended (Senate Journal-page 101)
   05/29/14  Senate Roll call Ayes-44  Nays-0 (Senate Journal-page 101)
   05/29/14  Senate Returned to House with amendments
                     (Senate Journal-page 101)
   05/30/14         Scrivener's error corrected
   06/03/14  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 76)
   06/03/14  House  Roll call Yeas-98  Nays-0 (House Journal-page 76)
   06/05/14         Ratified R 268
   06/06/14         Signed By Governor
   06/13/14         Effective date 06/06/14
   06/16/14         Act No. 241

(A241, R268, S176)

AN ACT TO AMEND SECTION 22-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR A MOTION FOR NEW TRIAL AND APPEAL IN MAGISTRATES COURT, SO AS TO INCREASE THE TIME PERIOD IN WHICH A MOTION FOR A NEW TRIAL MAY BE MADE FROM FIVE TO TEN DAYS, AND TO PROVIDE AN EXCEPTION FOR MOTIONS FOR A NEW TRIAL MADE UNDER CHAPTERS 37 AND 40, TITLE 27.

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

Motion for a new trial, time period increased, exception

SECTION    1.    Section 22-3-1000 of the 1976 Code is amended to read:

"Section 22-3-1000.    (A)    Except as provided in subsection (B), a motion for a new trial may not be heard unless made within ten days from the rendering of the judgment. The right of appeal from the judgment exists for thirty days after the rendering of the judgment. A magistrate's order of restitution may be appealed within thirty days. The order of restitution may be appealed separately from an appeal relating to the conviction.

(B)    The provisions of subsection (A) do not apply to a motion for a new trial made under Chapters 37 and 40, Title 27. A motion for a new trial made under Chapters 37 and 40, Title 27 must be requested within five days from the rendering of the judgment."

Savings clause

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.

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2014.

Approved the 6th day of June, 2014.