South Carolina General Assembly
116th Session, 2005-2006

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S. 964

STATUS INFORMATION

General Bill
Sponsors: Senator Knotts
Document Path: l:\council\bills\ms\7034ahb06.doc

Introduced in the Senate on January 10, 2006
Currently residing in the Senate Committee on Judiciary

Summary: Warrant endorsement requirements for magistrates

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/6/2005  Senate  Prefiled
   12/6/2005  Senate  Referred to Committee on Judiciary
   1/10/2006  Senate  Introduced and read first time SJ-17
   1/10/2006  Senate  Referred to Committee on Judiciary SJ-17
   1/18/2006  Senate  Referred to Subcommittee: Martin (ch), Malloy, Campsen, 
                        Williams

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/6/2005

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

A BILL

TO AMEND SECTION 22-5-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN OTHER COUNTIES OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE A WARRANT IS NOT REQUIRED TO BE ENDORSED BY A MAGISTRATE IN THE COUNTY WHERE A PERSON CHARGED WITH A CRIME RESIDES OR WHERE HE IS LOCATED, TO PROVIDE PROCEDURES FOR TURNING OVER THE PERSON ARRESTED TO AN OFFICER WITH JURISDICTION OVER THE WARRANT AND FOR RELEASE OF THE PERSON ARRESTED UNDER CERTAIN CIRCUMSTANCES, AND TO ELIMINATE THE EXCEPTION THAT PROVIDES THAT A MAGISTRATE IS NOT REQUIRED TO ENDORSE A WARRANT WHEN THE PENALTY FOR EACH OFFENSE IS NO MORE THAN TEN DOLLARS OR WHEN THE OFFENSE IS ILLEGAL PARKING OF A MOTOR VEHICLE.

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

SECTION 1.    Section 22-5-190 of the 1976 Code, as last amended by Act 246 of 1996, is further amended to read:

"Section 22-5-190.    (A)    A magistrate may endorse a warrant issued by a magistrate of another county when the person charged with a crime in the warrant resides in or is in the another county of the endorsing magistrate is not required to be endorsed by a magistrate in the county where the person resides or another county where he is located. When a warrant is presented to a magistrate for endorsement, as provided in this section, the magistrate shall authorize the person presenting it or any special constable to execute it within his county Unless a proper bond is filed by the person arrested, conditioned upon his appearance before the officer originally issuing the warrant to answer the charges, the person arrested must be promptly turned over to an officer with jurisdiction over the warrant who may serve the warrant and return the person arrested to the issuing jurisdiction. If the agency of the issuing jurisdiction informs the jurisdiction detaining the person that it will not take the person arrested into custody, the person must be released upon an order of the magistrate.

(B)    Whenever When a warrant is issued by a mayor, recorder, judge, or other proper judicial officer of any a municipality requiring the arrest of any a person charged with a violation of a municipal ordinance, or a state statute within the trial jurisdiction of the municipal authorities, and the person sought to be arrested is presently incarcerated in a jail or detention center of the county in which where the municipality is located, law enforcement officers of that municipality with the assistance of law enforcement officials of the county operating the jail or detention center may serve the warrant on that person without the necessity of a magistrate of the county endorsing the warrant as required by this section.

(C)    Except as otherwise provided in subsection (B), whenever a A warrant is issued by an intendant, mayor, recorder, judge, or other proper judicial officer of any municipality of this State, requiring the arrest of anyone a person charged with the violation of a municipal ordinance, or of a state statute within the trial jurisdiction of the municipal authorities, and the person sought to be arrested cannot be found within the municipal limits but is within the State, the officer issuing the warrant may send it to the magistrate having jurisdiction over the area in which the person may be found, which magistrate may endorse the warrant, which shall then be executed by the magistrates' constable or the sheriff of the county of the endorsing magistrate is not required to be endorsed by a magistrate in the county where the person resides or another county where he may be located. The endorsement shall be to the following effect: It shall be addressed to the sheriff or any lawful constable of the county of the endorsing magistrate, directing the officer to arrest the person named in the warrant and bring the person before the endorsing magistrate, to be dealt with according to law. Unless a proper bond is filed with the endorsing magistrate by the person arrested, conditioned upon his or her appearance before the officer originally issuing the warrant, to answer the charges in it, the person arrested shall must be promptly turned over to police officers of the municipality from which where the warrant was originally issued who are hereby empowered to return the person to the municipality involved. A magistrate shall not be required to endorse the warrant when the maximum penalty for each offense charged by the warrant does not exceed ten dollars or when the offense consists of the illegal parking of a motor vehicle.

(D)    All costs, fees, travel, and other expenses in connection with the endorsement and execution of such these warrants shall must be paid by the municipality involved to the appropriate county or officers entitled thereto."

SECTION 2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

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

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