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Indicates Matter Stricken
Indicates New Matter
S. 143
STATUS INFORMATION
General Bill
Sponsors: Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Campsen, Sheheen, Vaughn, Elliott and Fair
Document Path: l:\s-jud\bills\malloy\jud0028.gm.doc
Introduced in the Senate on January 9, 2007
Last Amended on January 31, 2007
Currently residing in the Senate Committee on Judiciary
Summary: Statewide criminal case management system
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/12/2006 Senate Prefiled
12/12/2006 Senate Referred to Committee on Judiciary
1/9/2007 Senate Introduced and read first time SJ-89
1/9/2007 Senate Referred to Committee on Judiciary SJ-89
1/24/2007 Senate Committee report: Favorable with amendment Judiciary
SJ-20
1/25/2007 Scrivener's error corrected
1/31/2007 Senate Amended SJ-44
2/6/2007 Senate Recommitted to Committee on Judiciary SJ-9
2/9/2007 Senate Referred to Subcommittee: Malloy (ch), Ford, Rankin,
Knotts, Cleary
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
12/12/2006
1/24/2007
1/25/2007
1/31/2007
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
January 31, 2007
S. 143
Introduced by Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Campsen, Sheheen, Vaughn, Elliott and Fair
S. Printed 1/31/07--S.
Read the first time January 9, 2007.
TO AMEND CHAPTER 5, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10, SO AS TO ESTABLISH A STATEWIDE CRIMINAL CASE MANAGEMENT SYSTEM; AND TO AMEND SECTION 1-7-330, RELATING TO ATTENDANCE AT CIRCUIT COURT AND PREPARATION OF THE CRIMINAL DOCKET, SO AS TO PROVIDE THAT THE CRIMINAL DOCKET IS PREPARED PURSUANT TO A CRIMINAL CASE MANAGEMENT PLAN ADOPTED BY THE CIRCUIT AND APPROVED BY THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 5, Title 14 of the 1976 Code is amended by adding:
Section 14-5-1010. Criminal cases in the circuit court of each circuit organized pursuant to Section 14-5-610 shall be calendared by the circuit solicitor at an administrative hearing according to a criminal case management plan. The criminal case management plan, and any amendments, shall be developed by the solicitor for each circuit in consultation with the circuit court judges residing in that circuit and after opportunity for comment by members of the local bar. Each plan shall, at a minimum, comply with the provisions of this section, but may contain additional provisions not inconsistent with this section.
Section 14-5-1020. The solicitor from each circuit shall submit the final criminal case management plan for the circuit to the Chief Justice of the South Carolina Supreme Court within one hundred eighty days from the effective date of this act. A solicitor may receive an extension from the Chief Justice for good cause shown. If a plan is not submitted within one hundred eighty days and an extension has not been granted, the Chief Justice shall have the resident circuit court judges in that circuit submit a case management plan for the circuit. All criminal case management plans must receive final approval from the Chief Justice of the South Carolina Supreme Court.
Section 14-5-1030. Each criminal case management plan shall provide, at a minimum, for bond hearing procedures, initial appearance procedures, qualification of defendant for appointed counsel, preliminary hearings, prohibitions against abusive scheduling of criminal dockets, and general sessions court practice. An administrative hearing shall be calendared for each felony in accordance with that county's criminal case management plan, or at the next regularly scheduled session of circuit court. At this administrative hearing, the following items, at a minimum and in addition to other provisions as set forth in the circuit criminal case management plan, shall be addressed:
(A) The court shall determine the status of the defendant's representation by counsel.
(B) After hearing from the parties, the court shall set deadlines for the delivery of discovery, arraignment if necessary, and filing of motions.
(C) If the solicitor has made a determination regarding a plea arrangement, the solicitor shall inform the defendant as to whether a plea arrangement will be offered and the terms of any proposed plea arrangement, and the court may conduct a plea conference if supported by the interest of justice.
(D) The court may hear pending pretrial motions, set such motions for hearing on a date certain, or defer ruling on motions until the trial of the case.
(E) The court may schedule more than one administrative hearing if requested by the parties or if it is found to be necessary to promote the fair administration of justice in a timely manner.
Section 14-5-1040. Whenever practical, the administrative hearings shall be held by the chief administrative judge within the circuit, or his designees of a circuit court judge presiding within the circuit.
Section 14-5-1050. If the parties have not otherwise agreed upon a trial date, then upon the conclusion of the final administrative hearing, the solicitor shall announce a proposed trial date. The court shall set that date as the tentative trial date unless, after providing the parties an opportunity to be heard, the court determines that the interests of justice require the setting of a different date. In that event, the solicitor shall set another tentative trial date. The trial shall occur no sooner than thirty days after the final administrative hearing, except by agreement of the State and the defendant and the consent of the chief administrative judge for that circuit.
Section 14-5-1060. Nothing in this section precludes the disposition of a criminal case by plea, deferred prosecution, or dismissal prior to an administrative hearing.
Section 14-5-1070. Venue for administrative hearings may be in any county within the circuit when necessary to comply with the terms of the criminal case management plan.
Section 14-5-1080. No less than ten working days before cases are calendared for trial, the solicitor shall publish the trial calendar. The trial calendar shall schedule the cases in the order in which the solicitor anticipates they will be called for trial and should not contain cases that the solicitor does not reasonably expect to be called for trial. In counties in which multiple sessions of court are being held, the solicitor may publish a trial calendar for each session of court. Making the docket available in the solicitor's office shall effect publication. The solicitor's office shall also distribute the docket to those attorneys listed upon it electronically, by facsimile, by United States Mail, or by hand delivery. It is the responsibility of all attorneys who have clients on this docket to notify their clients that their case is scheduled for disposition.
Section 14-5-1090. The solicitor, after calling the calendar and determining cases for pleas and other dispositions, shall announce to the court the order in which the solicitor intends to call for trial the cases remaining on the calendar. Deviations from the announced order require approval by the presiding judge if the defendant whose case is called for trial objects; but the defendant may not object if all the cases scheduled to be heard before the defendant's case have been disposed of or delayed with the approval of the presiding judge or by consent of the State and the defendant. A case may be continued from the trial calendar only by consent of the State and the defendant or upon order of the presiding judge or resident circuit court judge for good cause shown. The solicitor, after consultation with the parties, shall schedule a new trial date for cases not reached during that session of court.
Section 14-5-1100. Nothing in this section shall be construed to deprive any victim of the rights granted under Article I, Section 24 of the South Carolina Constitution.
Section 14-5-1110. Nothing in this section shall be construed to affect the authority of the court in the call of cases calendared for trial."
SECTION 2. Section 1-7-330 of the 1976 Code is amended to read:
"Section 1-7-330. The solicitors shall attend the courts of general sessions for their respective circuits. Preparation of the dockets for general sessions courts shall be exclusively vested in the circuit solicitor and the solicitor, pursuant to the requirements of the criminal case management plan adopted by the circuit, shall determine the order in which cases on the docket are called for trial. Provided, however, that no later than seven days prior to the beginning of each term of general sessions court pursuant to the requirements of the criminal case management plan, the solicitor in each circuit shall prepare and publish a docket setting forth the cases to be called for trial during the term."
SECTION 3. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, the holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. 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 5. This act takes effect upon approval by the Governor.
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