Current Status Introducing Body:House Bill Number:4521 Primary Sponsor:Cromer Committee Number:25 Type of Legislation:GB Subject:Warrants, executed by magistrates Residing Body:House Current Committee:Judiciary Computer Document Number:GJK/20233SD.94 Introduced Date:19940113 Last History Body:House Last History Date:19940113 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Cromer Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4521 House 19940113 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN OTHER COUNTIES OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE THAT A MAGISTRATE MAY ISSUE A WARRANT WHERE THE PERSON CHARGED WITH A CRIME IS WITHIN THE TRIAL JURISDICTION OF THAT MAGISTRATE AND IS ALSO WITHIN THE STATE, TO DELETE THE REQUIREMENT THAT A MAGISTRATE OF A COUNTY MUST ENDORSE A WARRANT ISSUED BY A MAGISTRATE OF ANOTHER COUNTY WHERE THE PERSON CHARGED WITH A CRIME IN THE WARRANT RESIDES IN OR IS LOCATED IN THE COUNTY OF THE ENDORSING MAGISTRATE, AND TO FURTHER PROVIDE FOR THE EXECUTION AND ENDORSEMENT OF WARRANTS ISSUED BY MUNICIPAL JUDICIAL OFFICERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-5-190 of the 1976 Code is amended to read:
"Section 22-5-190. A magistrate may endorse a warrant issued by a magistrate of another county when the person charged with a crime in such warrant resides in or is in the county of the endorsing magistrate. When a warrant is presented to a magistrate for endorsement, as herein provided, the issue a warrant where the person charged with a crime is within the trial jurisdiction of the magistrate issuing the warrant, and is also within the State. The magistrate shall authorize the person presenting it or any special constable or the sheriff of the county where the person sought may be found to execute it within his county.
Whenever a A warrant is may be issued by an intendant, a mayor, recorder, judge, or other proper judicial officer of any municipality of this State, requiring which requires the arrest of anyone charged with the violation of a municipal ordinance, or of a State statute law within the trial jurisdiction of the municipal authorities, and such person sought to be arrested cannot be found is either within the municipal limits but is or within the State., the officer issuing such warrant may send it to the magistrate having jurisdiction over the area in which such person may be found, which magistrate may endorse the warrant, which This warrant shall then be executed by the magistrates' constable or the sheriff of the county where the person sought may be found of the endorsing magistrate. The endorsement shall be to the following effect: It shall be addressed to the sheriff or any lawful constable of the county of the endorsing magistrate, directing such officer to arrest the person named in the warrant and bring such person before the endorsing magistrate, to be dealt with according to law. Unless a proper bond is filed with the endorsing magistrate by the person arrested, conditioned upon his or her appearance before the officer originally issuing the warrant, to answer the charges therein, the person arrested shall be promptly turned over to police officers of the municipality from which the warrant was originally issued who are hereby empowered to return the person to the municipality involved. Provided, however, that a magistrate shall not be required to endorse any such warrant when the maximum penalty for each offense charged by such warrant does not exceed ten dollars or when the offense consists of the illegal parking of a motor vehicle. The sheriff shall deliver the person to the proper issuing officer to be dealt with according to law.
All costs, fees, travel, and other expenses in connection with the endorsement and execution of such warrants shall must be paid by the municipality involved to the county or officers entitled thereto."
SECTION 2. This act takes effect upon approval by the Governor.