Current Status Bill Number:3661 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950223 Primary Sponsor:Sandifer All Sponsors:Sandifer, Seithel, Hallman, Herdklotz, Littlejohn, Sharpe, Cain, Cooper, Harrell, Lanford, Harrison, S. Whipper, Witherspoon, Whatley, Jaskwhich, Fulmer, Walker, Thomas, Robinson, Fleming, Phillips, Trotter, Wells, Rice, McCraw, Wofford, Huff, Stoddard, Haskins, Marchbanks, Riser, Cato, J. Young, Chamblee, Davenport, A. Young, Beatty, Cromer and Mason Drafted Document Number:GJK\21423SD.95 Companion Bill Number:560 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Execution of warrants, city police
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950223 Introduced, read first time, 25 HJ
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 BY MUNICIPAL AUTHORITIES OR MAGISTRATES OF ANOTHER COUNTY, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS OF A MUNICIPALITY, WITH THE ASSISTANCE OF LAW ENFORCEMENT OFFICIALS OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED, MAY SERVE A WARRANT ON A PERSON INCARCERATED IN THAT COUNTY'S JAIL OR DETENTION CENTER WHO IS CHARGED WITH A VIOLATION OF A MUNICIPAL ORDINANCE OR OTHER PROVISIONS OF LAW UNDER THE JURISDICTION OF THE MUNICIPALITY WITHOUT THE NECESSITY OF A MAGISTRATE OF THE COUNTY ENDORSING THE WARRANT.
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) A magistrate may endorse a warrant issued by a magistrate of another county when the person charged with a crime in such the 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 as provided in this section, the magistrate shall authorize the person presenting it or any special constable to execute it within his county.
(B) Whenever a warrant is issued by a mayor, recorder, judge, or other proper judicial officer of any municipality requiring the arrest of any person charged with a violation of a municipal ordinance, or a state statute within the trial jurisdiction of the municipal authorities, and the person sought to be arrested is presently incarcerated in a jail or detention center of the county in which the municipality is located, law enforcement officers of that municipality with the assistance of law enforcement officials of the county operating the jail or detention center may serve the warrant on that person without the necessity of a magistrate of the county endorsing the warrant as required by this section.
(C) Except as otherwise provided in subsection (B), whenever a warrant is issued by an intendant, mayor, recorder, judge, or other proper judicial officer of any municipality of this State, requiring the arrest of anyone charged with the violation of a municipal ordinance, or of a State statute within the trial jurisdiction of the municipal authorities, and such the person sought to be arrested cannot be found within the municipal limits but is within the State, the officer issuing such the warrant may send it to the magistrate having jurisdiction over the area in which such the person may be found, which magistrate may endorse the warrant, which shall then be executed by the magistrates' constable or the sheriff of the county 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 the officer to arrest the person named in the warrant and bring such the 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 in it, 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 A magistrate shall not be required to endorse any such the warrant when the maximum penalty for each offense charged by such the warrant does not exceed ten dollars or when the offense consists of the illegal parking of a motor vehicle.
(D) All costs, fees, travel, and other expenses in connection with the endorsement and execution of such warrants shall be paid by the municipality involved to the county or officers entitled thereto."
SECTION 2. This act takes effect upon approval by the Governor.