South Carolina General Assembly
107th Session, 1987-1988

Bill 431

                    Current Status

Bill Number:               431
Ratification Number:       80
Act Number                 49
Introducing Body:          Senate
Subject:                   Papers filed with the clerk of court in
                           criminal appeals from magistrates
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A49, R80, S431)

AN ACT TO AMEND SECTION 18-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAPERS FILED WITH THE CLERK OF COURT IN CRIMINAL APPEALS FROM MAGISTRATES, AND SECTION 22-3-790, RELATING TO TESTIMONY OF WITNESSES IN MAGISTRATES' COURTS, SO AS TO PROVIDE THAT TESTIMONY TAKEN DOWN BY A STENOGRAPHER OR ELECTRONICALLY RECORDED DOES NOT NEED TO BE READ AND SIGNED BY THE WITNESSES.

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

Proceedings and testimony of cases filed with clerk of court

SECTION 1. Section 18-3-40 of the 1976 Code is amended to read:

"Section 18-3-40. Within ten days after service the magistrate shall file the notice in the office of the clerk of court, together with the record, a statement of all the proceedings in the case, and the testimony taken at the trial as provided in Section 22-3-790."

Testimony taken down or recorded by stenographer

SECTION 2. Section 22-3-790 of the 1976 Code is amended to read:

"Section 22-3-790. In the trial of any case before a magistrate the testimony of all witnesses must be taken down in writing and signed by the witnesses except when the defendant waives the taking and signing of the testimony.

In any case before any magistrate in which a stenographer takes down the testimony or in which the testimony is electronically recorded it need not be read over and signed by the witnesses."

Time effective

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