Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words, and inserting:
/ SECTION 1. Section 22-3-545 of the 1976 Code is amended to read:
Notwithstanding the provisions of Sections 22-3-540 and
22-3-550, a criminal case, the penalty for which the crime in
the case does not exceed five thousand five hundred dollars or
one-year imprisonment, or both, either as originally charged
or as charged pursuant to the terms of a plea agreement, may
be transferred from general sessions court if the provisions of
this section are followed.
(B)(1) The solicitor, upon ten days' written notice to the defendant, may petition a circuit court judge in the circuit to transfer one or more cases from the general sessions court docket to a docket of a
magistrate's magistrates or municipal
court in the circuit for disposition. The solicitor's notice
must fully apprise the defendant of his right to have his case
heard in general sessions court. The notice must include the
difference in jury size in magistrate's
magistrates or municipal court and in general sessions
court. Both parties must have the opportunity to be
heard by the circuit court judge and The case may be
transferred from the general sessions court unless the defendant
objects after notification by the solicitor pursuant to the
provisions of this item. The objection may be made orally or in
writing at any time prior to the trial of the case or prior
to the entry of a guilty plea. The objection may be made to
the circuit court judge who granted the
petition chief judge for administrative purposes in
the judicial circuit where the charges are pending, the
trial judge, or the solicitor. Before
impanelling impaneling the jury or
accepting the guilty plea of the defendant, the trial judge
must receive an affirmative waiver by the defendant, if present,
of his right to have the case tried in general sessions court.
The defendant must be informed that, if tried in general
sessions court, the case would be tried in front of twelve
jurors who must reach a unanimous verdict before a finding of
guilty of the offense can be rendered in his case, and that if
tried in magistrate's magistrates or
municipal court, the case would be tried in front of six jurors
who must reach a unanimous verdict before a finding of guilty of
the offense can be reached in his case. The defendant may
waive any and all of the rights provided in this subsection, in
writing, prior to the impaneling of the jury or the acceptance
of the defendant's guilty plea.
The judge must consider, but is not limited to,
the following factors in granting the petition for transfer:
(b) age of
speedy disposition of the case.
A case transferred to a
magistrate's magistrates or municipal
court not disposed of in one hundred eighty days from the date
of transfer automatically reverts to the docket of the general
(C) All cases transferred to the
magistrates or municipal court must be prosecuted by the
solicitor's office. The chief judge for administrative
purposes for the court of general sessions shall retain
administrative supervision of cases transferred pursuant to this
section. The chief magistrate of the county or the
chief municipal judge of the municipality, upon petition
of the solicitor, and approval of the chief judge for
administrative purposes for the court of general
sessions, shall set the terms of court and order the
magistrates and municipal judges to hold terms of court on
specific times and dates for the disposition of these cases.
(D) Provision for an adequate record must be made by the solicitor's office.
(E) Notwithstanding another provision of law, all fines and assessments imposed by a magistrate or municipal judge presiding pursuant to this section must be distributed as if the fine and assessment were imposed by a circuit court pursuant to Sections 14-1-205 and 14-1-206. This section must not result in increased compensation to a magistrate presiding over a trial or hearing pursuant to this section or in other additional or increased costs to the county."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.