Current Status Bill Number:579 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950228 Primary Sponsor:Reese All Sponsors:Reese Drafted Document Number:GJK\21479SD.95 Companion Bill Number:3600 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Magistrates, jurisdiction
Body Date Action Description Com Leg Involved
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Senate 19950228 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-3-550 of the 1976 Code, as last amended by Section 28, Part II, Act 570 of 1994, is further amended to read:
"Section 22-3-550. 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 and may impose any sentence within those limits, singly or in the alternative. In addition, a magistrate may order restitution he considers appropriate.
However, except for convictions resulting from a violation of Chapter 11 of Title 34 or a violation of Section 16-13-10 which involves a check where these offenses are within the jurisdiction of the magistrate's court, a magistrate shall not have the power to sentence any person to consecutive terms of imprisonment totaling more than ninety days. The provisions of this paragraph do not effect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545.
As used in this section, `check' means a check, draft, or other written order drawn on a bank or depository."
SECTION 2. This act takes effect upon approval by the Governor.