H 4384 Session 110 (1993-1994)
H 4384 General Bill, By Wilkes, R.S. Corning, J.L.M. Cromer and J.H. Hodges
A Bill to amend Section 22-3-540, Code of Laws of South Carolina, 1976,
relating to exclusive and concurrent jurisdiction of magistrates, so as to
increase the exclusive jurisdiction; and to amend Section 22-3-550, as
amended, relating to magistrate jurisdiction in minor offenses, so as to
provide that the magistrate may impose a combination of fine and imprisonment;
and to amend Section 22-3-950, relating to magistrate's power to punish
contempt, so as to provide punishment up to the limits of the court's
jurisdiction.
12/15/93 House Prefiled
12/15/93 House Referred to Committee on Judiciary
01/11/94 House Introduced and read first time HJ-38
01/11/94 House Referred to Committee on Judiciary HJ-38
A BILL
TO AMEND SECTION 22-3-540, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO EXCLUSIVE AND
CONCURRENT JURISDICTION OF MAGISTRATES, SO AS TO
INCREASE THE EXCLUSIVE JURISDICTION; TO AMEND
SECTION 22-3-550, AS AMENDED, RELATING TO MAGISTRATE
JURISDICTION IN MINOR OFFENSES, SO AS TO PROVIDE THAT
THE MAGISTRATE MAY IMPOSE A COMBINATION OF FINE
AND IMPRISONMENT; AND TO AMEND SECTION 22-3-950,
RELATING TO MAGISTRATE'S POWER TO PUNISH CONTEMPT,
SO AS TO PROVIDE PUNISHMENT UP TO THE LIMITS OF THE
COURT'S JURISDICTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-3-540 of the 1976 Code is amended to read:
"Section 22-3-540. Magistrates shall have exclusive
jurisdiction of all criminal cases in which the punishment does not
exceed a fine of one five hundred dollars or
imprisonment for thirty days, or both fine and imprisonment,
except:
(1) cases in which an offense within the jurisdiction of a
magistrate is included in the charge of an offense beyond his
jurisdiction; or
(2) when it is permissible to join a charge of an offense
within his jurisdiction with one or more of which the magistrate has no
jurisdiction. Magistrates shall have concurrent but not exclusive
jurisdiction in the excepted cases. The provisions of this section
shall must not be construed so as to limit the jurisdiction
of any a magistrate whose jurisdiction has been
extended beyond that stated above."
SECTION 2. Section 22-3-550 of the 1976 Code, as last amended by
Section 261, Act 184 of 1993, is further amended to read:
"Section 22-3-550. Magistrates have jurisdiction of all
offenses which may be subject to the penalties of either fine or forfeiture
not exceeding five hundred dollars or imprisonment in the jail or
workhouse not exceeding thirty days and may impose any sentence
within those limits, singly, or in the alternative, or
a combination of both. In addition, a magistrate may order
restitution he considers appropriate."
SECTION 3. Section 22-3-950 of the 1976 Code is amended to read:
"Section 22-3-950. Every A magistrate
shall have has the power to enforce the observance of
decorum in his court while holding the same and for that purpose
he. The magistrate may punish any a
person who shall, in the presence of the court, offer
offers an insult to the magistrate or a juror or who shall
be is wilfully guilty of an undue disturbance of the
proceedings before the magistrate while sitting officially, as for a
contempt, by fine and imprisonment, either or both, not exceeding
twenty dollars fine and twelve hours imprisonment by
imposition of sentences up to the limits of the court's
jurisdiction."
SECTION 4. Upon approval by the Governor, this act applies to all
offenses committed after June 30, 1994.
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