South Carolina General Assembly
119th Session, 2011-2012

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Indicates Matter Stricken
Indicates New Matter

H. 3153

STATUS INFORMATION

General Bill
Sponsors: Rep. Young
Document Path: l:\council\bills\ms\7044ahb11.docx

Introduced in the House on January 11, 2011
Introduced in the Senate on May 17, 2011
Currently residing in the Senate Committee on Judiciary

Summary: Magistrate court

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/7/2010  House   Prefiled
   12/7/2010  House   Referred to Committee on Judiciary
   1/11/2011  House   Introduced and read first time (House Journal-page 65)
   1/11/2011  House   Referred to Committee on Judiciary 
                        (House Journal-page 65)
    5/5/2011  House   Recalled from Committee on Judiciary 
                        (House Journal-page 20)
   5/12/2011  House   Read second time (House Journal-page 14)
   5/12/2011  House   Roll call Yeas-97  Nays-0 (House Journal-page 14)
   5/12/2011  House   Unanimous consent for third reading on next legislative 
                        day (House Journal-page 16)
   5/13/2011  House   Read third time and sent to Senate (House Journal-page 1)
   5/17/2011  Senate  Introduced and read first time (Senate Journal-page 23)
   5/17/2011  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 23)
   1/16/2012  Senate  Referred to Subcommittee: Malloy (ch), Ford, Massey, 
                        S.Martin

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/7/2010
5/5/2011

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

Indicates Matter Stricken

Indicates New Matter

RECALLED

May 5, 2011

H. 3153

Introduced by Rep. Young

S. Printed 5/5/11--H.

Read the first time January 11, 2011.

            

A BILL

TO AMEND SECTION 22-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR A MOTION FOR NEW TRIAL AND APPEAL IN MAGISTRATES COURT, SO AS TO INCREASE THE TIME PERIOD IN WHICH A MOTION FOR A NEW TRIAL MAY BE MADE FROM FIVE TO TEN DAYS.

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

SECTION    1.    Section 22-3-1000 of the 1976 Code is amended to read:

"Section 22-3-1000.    No A motion for a new trial may not be heard unless made within five ten days from the rendering of the judgment. The right of appeal from the judgment exists for thirty days after the rendering of the judgment. A magistrate's order of restitution may be appealed within thirty days. The order of restitution may be appealed separately from an appeal, if any, relating to the conviction."

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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