South Carolina General Assembly
111th Session, 1995-1996

Bill 560

                    Current Status

Bill Number:                    560
Ratification Number:            258
Act Number:                     246
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19950222
Primary Sponsor:                Alexander 
All Sponsors:                   Alexander 
Drafted Document Number:        GJK\21436SD.95
Companion Bill Number:          3661
Date Bill Passed both Bodies:   19960222
Governor's Action:              U  Became law without signature of
                                Governor
Date of Governor's Action:      19960307
Subject:                        City police officers, issuance of
                                warrants
History



Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960318  Act No. A246
------  19960307  Unsigned, became law without
                  signature of Governor
------  19960229  Ratified R258
House   19960222  Read third time, enrolled for
                  ratification
House   19960221  Read second time
House   19960214  Committee report: Favorable              25 HJ
House   19950511  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19950510  Read third time, sent to House
Senate  19950509  Read second time
Senate  19950505  Polled out of Committee: Favorable       11 SJ
Senate  19950222  Introduced, read first time,             11 SJ
                  referred to Committee
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A246, R258, S560)

AN ACT 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:

Service of warrants

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 the warrant resides in or is in the county of the endorsing magistrate. When a warrant is presented to a magistrate for endorsement, 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 the person sought to be arrested cannot be found within the municipal limits but is within the State, the officer issuing the warrant may send it to the magistrate having jurisdiction over the area in which 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 the officer to arrest the person named in the warrant and bring 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 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. A magistrate shall not be required to endorse the warrant when the maximum penalty for each offense charged by 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."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Became law without the signature of the Governor -- 3/7/96.