Current Status Introducing Body:Senate Bill Number:436 Primary Sponsor:Rose Committee Number:11 Type of Legislation:GB Subject:Magistrates, criminal jurisdiction increased Residing Body:Senate Current Committee:Judiciary Computer Document Number:BR1/1056.AC Introduced Date:Jan 09, 1991 Last History Body:Senate Last History Date:Jan 09, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN
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436 Senate Jan 09, 1991 Introduced and read first 11
time, 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 ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE DAYS, OR BOTH, AND TO PROVIDE THAT THIS JURISDICTION CAN EXCEED THESE LIMITS WHERE AUTHORIZED.
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 hundred thousand dollars or imprisonment for thirty forty-five 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 or where otherwise provided by law. 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 one thousand dollars or imprisonment in the jail or workhouse not exceeding thirty forty-five days, or both, and may impose any a sentence within those limits, singly or in the alternative. The provisions of this section do not limit the jurisdiction of a magistrate whose jurisdiction has been provided by another provision of state law for particular criminal offenses with penalties exceeding the limits provided in this section."
SECTION 3. This act takes effect upon approval by the Governor.