Current Status Introducing Body:Senate Bill Number:455 Ratification Number:211 Act Number:174 Primary Sponsor:Holland Type of Legislation:GB Subject:General sessions court cases to magistrate court Companion Bill Number:3778 Date Bill Passed both Bodies:19930603 Computer Document Number:BBM/10256DW.93 Governor's Action:S Date of Governor's Action:19930616 Introduced Date:19930223 Date of Last Amendment:19930527 Last History Body:------ Last History Date:19930616 Last History Type:Act No. 174 Scope of Legislation:Statewide All Sponsors:Holland Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
455 ------ 19930616 Act No. 174
455 ------ 19930616 Signed by Governor
455 ------ 19930610 Ratified R 211
455 Senate 19930603 Concurred in House amendment,
enrolled for ratification
455 House 19930528 Read third time, returned to
Senate with amendment
455 House 19930527 Objection withdrawn by Breeland
Representative Hines
455 House 19930527 Amended, read second time,
unanimous consent for third
reading on Friday, 0528,
1993
455 House 19930526 Objection withdrawn by McMahand
Representative
455 House 19930526 Objection withdrawn by Anderson
Representative
455 House 19930519 Objection withdrawn by Beatty
Representative
455 House 19930420 Objection by Representative Beatty
Hines
Anderson
McMahand
Breeland
455 House 19930420 Amended
455 House 19930413 Committee Report: Favorable 25
with amendment
455 House 19930310 Introduced read first time, 25
referred to Committee
455 Senate 19930309 Read third time, sent to House
455 Senate 19930304 Amended, read second time,
ordered to third reading with
notice of general amendments
455 Senate 19930303 Committee Report: Favorable 11
with amendment
455 Senate 19930223 Introduced, read first time, 11
referred to Committee
View additional legislative information at the LPITS web site.
(A174, R211, S455)
AN ACT TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, SO AS TO EXTEND THE TEMPORARY EFFECTIVENESS OF THE SECTION UNTIL JULY 1, 1994, PROVIDE THAT A CASE MAY BE TRANSFERRED FROM THE GENERAL SESSIONS COURT UNLESS THE DEFENDANT OBJECTS ON THE RECORD AFTER NOTIFICATION BY THE SOLICITOR RATHER THAN REQUIRING THE DEFENDANT TO AGREE IN WRITING TO THE TRANSFER AND PROVIDE THAT THE CHIEF MAGISTRATE OF THE COUNTY OR THE CHIEF MUNICIPAL JUDGE OF THE MUNICIPALITY UPON PETITION OF THE SOLICITOR SHALL SET THE TERMS OF COURT AND ORDER THE MAGISTRATES AND MUNICIPAL JUDGES TO HOLD TERMS OF COURT ON SPECIFIC TIMES AND DATES FOR THE DISPOSITION OF THESE CASES.
Be it enacted by the General Assembly of the State of South Carolina:
Transfer of cases
SECTION 1. Section 22-3-545 of the 1976 Code, as last amended by Act 310 of 1992, is further amended to read:
"Section 22-3-545. (A) Notwithstanding the provisions of Sections 22-3-540 and 22-3-550 and effective from July 1, 1993, until July 1, 1994, a criminal case, the penalty for which the crime in the case does not exceed five thousand dollars or one year imprisonment, or both, may be transferred from general sessions court if the provisions of this section are followed.
(B) (1) The solicitor, upon ten days' written notice to the defendant, may petition the chief administrative criminal court judge in the circuit to transfer one or more cases from the general sessions court docket to a docket of a magistrate's or municipal court in the circuit for disposition. The solicitor's notice must fully apprise the defendant of his right to have his case heard in general sessions court. The notice must include the difference in jury size in magistrates or municipal court and in general sessions court. Both parties must have the opportunity to be heard by the chief administrative judge and the case may be transferred from the general sessions court unless the defendant objects after notification by the solicitor pursuant to the provisions of this item. The objection may be made orally or in writing at any time prior to the trial of the case. The objection may be made to the chief administrative criminal court judge, the trial judge, or the solicitor. Before impanelling the jury, the trial judge must receive an affirmative waiver by the defendant, if present, of his right to have the case tried in general sessions court. The defendant must be informed that, if tried in general sessions court, the case would be tried in front of twelve jurors who must reach a unanimous verdict before a finding of guilty of the offense can be rendered in his case, and that if tried in magistrates or municipal court, the case would be tried in front of six jurors who must reach a unanimous verdict before a finding of guilty of the offense can be reached in his case.
(2) The judge must consider, but is not limited to, the following factors in granting the petition for transfer:
(a) case workload;
(b) age of the case;
(c) the speedy disposition of the case.
(3) A case transferred to a magistrate's or municipal court not disposed of in one hundred eighty days from the date of transfer automatically reverts to the docket of the general sessions court.
(C) All cases transferred to the magistrate's or municipal court must be prosecuted by the solicitor's office. The chief magistrate of the county or the chief municipal judge of the municipality upon petition of the solicitor shall set the terms of court and order the magistrates and municipal judges to hold terms of court on specific times and dates for the disposition of these cases.
(D) Provision for an adequate record must be made by the solicitor's office.
(E) Notwithstanding any other provision of law, all fines imposed by a magistrate or municipal judge presiding pursuant to this section must be distributed as if the fine were imposed by a circuit court pursuant to Section 20-7-1510. However, these fines are also subject to the provisions of Section 56-5-2940. This section must not result in increased compensation to a magistrate presiding over a trial or hearing pursuant to this section or in other additional or increased costs to the county."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 16th day of June, 1993.