Current Status Introducing Body:House Bill Number:3639 Primary Sponsor:Huff Committee Number:25 Type of Legislation:GB Subject:Magistrates, criminal jurisdiction Residing Body:House Current Committee:Judiciary Computer Document Number:436/11322.dw Introduced Date:Mar 05, 1991 Last History Body:House Last History Date:Mar 05, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Huff Keesley Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3639 House Mar 05, 1991 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTIONS 22-3-540 AND 22-3-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES, SO AS TO INCREASE THEIR CRIMINAL JURISDICTION FROM A FINE OF NOT EXCEEDING ONE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS TO A FINE OF NOT MORE THAN TWO HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS, OR BOTH.
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 two hundred dollars or imprisonment for thirty days, or both, except cases in which an offense within the jurisdiction of a magistrate is included in the charge of an offense beyond his jurisdiction or 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 may not be construed so as to limit the jurisdiction of any a magistrate whose jurisdiction by state law has been extended beyond that stated above for particular criminal offenses with penalties exceeding these limits."
SECTION 2. Section 22-3-550 of the 1976 Code is amended to read:
"Section 22-3-550. Magistrates shall have jurisdiction of all offenses which may be are subject to the penalties of either fine or forfeiture not exceeding two hundred dollars or imprisonment in the jail or workhouse not exceeding thirty days, or both, and may impose any a sentence within those limits, singly or in the alternative."
SECTION 3. This act takes effect upon approval by the Governor.