South Carolina General Assembly
115th Session, 2003-2004

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Indicates Matter Stricken
Indicates New Matter

S. 20

STATUS INFORMATION

General Bill
Sponsors: Senators Knotts and Reese
Document Path: l:\council\bills\bbm\9297zw03.doc

Introduced in the Senate on January 14, 2003
Currently residing in the Senate Committee on Judiciary

Summary: Indictments, time provisions

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/4/2002  Senate  Prefiled
   12/4/2002  Senate  Referred to Committee on Judiciary
   1/14/2003  Senate  Introduced and read first time SJ-30
   1/14/2003  Senate  Referred to Committee on Judiciary SJ-30

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/4/2002

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-155 TO CHAPTER 23, TITLE 17 SO AS TO PROVIDE THAT, WITH EXCEPTIONS, A SOLICITOR MUST CALL CASES FOR TRIAL WITHIN ONE YEAR OF THE INDICTMENT, AND TO PROVIDE THAT, WITH EXCEPTIONS, THE STATE MUST PRESENT AN INDICTMENT WITHIN NINETY DAYS AFTER A WARRANT HAS BEEN ISSUED.

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

SECTION    1.    Chapter 23, Title 17 of the 1976 Code is amended by adding:

"Section 17-23-155.    (A)    Except for the offense of murder as prosecuted under Section 16-3-20, the State shall dispose of a case within one year of the indictment by the solicitor. 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.

(B)    The State is required to indict within ninety days after a warrant is issued. However, the State may remand a case for further investigation within the ninety days. If the State remands a case, the case is removed from the state's pending cases until the investigation is complete. The solicitor shall notify the clerk of court of all remanded cases."

SECTION    2.    All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved.

SECTION    3.    This act takes effect upon approval by the Governor and applies to all crimes committed on or after that date.

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