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Bill 3487

                    Current Status

Bill Number:                      3487
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010206
Primary Sponsor:                  Knotts
All Sponsors:                     Knotts
Drafted Document Number:          l:\council\bills\skb\18148som01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Magistrates and municipal courts, 
                                  criminal cases to be disposed of within six 
                                  months of arrest; Courts


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010206  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND ARTICLE 5, CHAPTER 3, TITLE 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMINAL JURISDICTION OF MAGISTRATES' COURTS, BY ADDING SECTION 22-3-555 SO AS TO PROVIDE THAT, WITH EXCEPTIONS, MAGISTRATE'S COURT MUST DISPOSE OF CRIMINAL CASES WITHIN SIX MONTHS OF ARREST; AND TO AMEND SECTION 14-25-45, RELATING TO THE JURISDICTION OF MUNICIPAL COURTS, SO AS TO PROVIDE THAT, WITH EXCEPTIONS, MUNICIPAL COURTS MUST BE DISPOSE OF CRIMINAL CASES WITHIN SIX MONTHS OF ARREST.

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

SECTION    1.    Article 5, Chapter 3 of Title 22 of the 1976 Code is amended by adding:

    "Section 22-3-555.    The magistrate's court must dispose of a criminal case within six months of arrest. However, the court may grant a continuance of a case beyond this statutory limit provided the judge states, on the record, the reasons for granting a continuance and sets a date certain for trial. The statutory limit does not apply if the trial has begun."

SECTION    2.    Section 14-25-45 of the 1976 Code is amended to read:

    "Section 14-25-45.    (A)    Each municipal court shall have has jurisdiction to try all cases arising under the ordinances of the municipality for which it was established. The court shall also have also has all such powers, duties, and jurisdiction in criminal cases made under state law and conferred upon magistrates. The court shall have has the power to punish for contempt of court by imposition of sentences up to the limits imposed on municipal courts. The court shall have has no jurisdiction in civil matters.

    (B)    The municipal court must dispose of a case within six months of arrest. However, the court may grant a continuance of a case beyond this statutory limit provided the judge states, on the record, the reasons for granting the continuance and sets a date certain for trial. The statutory limit does not apply if the trial has begun."

SECTION    3.    All proceedings pending, and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.

SECTION    4.    This act takes effect upon approval by the Governor and applies to all crimes committed on or after that date.

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