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The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. JENNINGS, COBB-HUNTER and FLEMING to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

"Section 22-3-550. Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both. and may impose any sentence within those limits, singly or in the alternative. In addition, a magistrate may order restitution he considers appropriate.

However, a magistrate shall not have the power to sentence any person to consecutive terms of imprisonment totaling more than ninety days except for convictions resulting from violations of Chapter 11 of Title 34, pertaining to fraudulent checks, or violations of Section 16-13-110(B)(1), relating to shoplifting. Further, a magistrate must specify an amount of restitution in damages at the time of sentencing as an alternative to any imprisonment of more than ninety days which is lawfully imposed. The provisions of this paragraph do not effect affect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."

SECTION 2. Section 16-25-60 of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:

"Section 16-25-60. (A) Unless the complaint is voluntarily dismissed or the charge is dropped prior to the scheduled trial date, a person charged with a violation provided in this chapter shall appear before a judge for disposition of the case.

(B) When a person is convicted of a violation of Section 16-25-20 or 16-25-50, the court may suspend the imposition or execution of all or part of the sentence conditioned upon the participation of the offender completing, to the satisfaction of the court, in a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling.

(C) When a person is convicted of a violation of Section 16-25-40 or 16-25-65, the court may suspend execution of all or part of the sentence and place the offender on probation, conditioned upon:

(1) the participation of the offender completing, to the satisfaction of the court, in a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling;

(2) fulfillment of all the obligations arising under court order pursuant to Section 20-4-60 and this section;

(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.

SECTION 3. Section 20-4-70 of the 1976 Code is amended to read:

"Section 20-4-70. (A) Any An order of protection issued under subsection (a) of Section 20-4-60 shall must be for a fixed time not to exceed six months, but one year unless the parties have reconciled as evidenced by an order of dismissal and may be extended or terminated by order of the court upon motion by the petitioner, either party showing good cause, with notice to the respondent other party. A respondent shall have has the right to a hearing on the extension of an order issued pursuant to this section within thirty days of the date upon which the order will expire.

(B) Any Provisions included in an order of protection granting relief pursuant to Section 20-4-60(c) shall dissolve without motion sixty days must be enforced until further order of the court following the issuance of such the order unless, prior to before the expiration of such the period, the court has scheduled a hearing pursuant to the filing of an action for divorce or separate support and maintenance to determine the temporary rights and obligations of the parties with respect to support of a spouse or children, custody and visitation, or the distribution of personal property. If such the hearing has been scheduled, relief granted under Section 20-4-60(c) shall remain remains in effect beyond the sixty day period only until an order pursuant to the hearing is issued by the court.

(C) The Family Court may modify the terms of any order issued under this section.

(D) Any An order of protection issued by a magistrate shall expire expires as provided under the terms of the order or upon the issuance of a subsequent order by the Family Court, whichever occurs first."

SECTION 4. Section 34-11-70 of the 1976 Code is amended to read:

"Section 34-11-70. (a) When a check, a draft, or other written order is not paid by the drawee because the maker or drawer did not have an account with or sufficient funds on deposit with the bank or the person upon which it was drawn when presented or the draft, check, or other written order has an incorrect or insufficient signature on it, and the maker or drawer does not pay the amount due on it, together with a service charge of twenty twenty-five dollars, within ten days after written notice

(1) For purposes of subsection (a), notice must be given by mailing the notice with postage prepaid addressed to the person at the address as printed or written on the instrument. The giving of notice by mail is complete upon the expiration of ten days after the deposit of the notice in the mail. A certificate by the payee that the notice has been sent as required by this section is presumptive proof that the requirements as to notice have been met, regardless of the fact that the notice actually might not have been received by the addressee. The form of notice must be substantially as follows:

You are notified that a check or instrument, numbered ____, issued by you on ____ (date), drawn upon ____ (name of bank), and payable to ____, has been dishonored. Pursuant to South Carolina law, you have ten days from the date this notice was mailed to tender payment of the full amount of the check or instrument plus a service charge of twenty twenty-five dollars, the total amount due being __ dollars and ___ cents. Unless this amount is paid in full within the specified time above, the holder of the check or instrument may turn over the dishonored check or instrument and all other available information relating to this incident to the solicitor or other appropriate officer for criminal prosecution.

(2) When a person instituting prosecution gives notice in substantially similar form provided in item (1) to the person and the bank upon which the instrument was drawn and waits ten days from the date notice is mailed before instituting the criminal proceedings, there arises a presumption that the prosecution was instituted for reasonable and probable cause, and the person instituting prosecution is immune from civil liability for the giving of the notice.

(3) A service charge of not more than twenty twenty-five dollars is payable by the drawer of a draft, a check, or other written order to the payee of the instrument when the draft, check, or other written order is presented for payment in whole or in part of a then existing debt, including, but not limited to, consumer credit transactions, and is dishonored. This service charge is solely to compensate the payee of the instrument for incurred expenses in processing the dishonored instrument and is not related to a presumption of fraud so that it is not necessary to

(b) Any court, including magistrate's, may dismiss a case under the provisions of this chapter for want of prosecution. When any prosecutions are initiated under this chapter, the party applying for the warrant is held liable for all reasonable administrative costs accruing not to exceed twenty dollars if the case is dismissed for want of prosecution. Unless waived by the court, the party applying for the warrant shall notify, orally or otherwise, the court not less than twenty-four hours before the date and time set for trial that full restitution has been made in connection with the warrant, and the notification relieves that party of the responsibility of prosecution.

(c) Any court, including magistrate's, may dismiss any prosecution initiated pursuant to the provisions of this chapter on satisfactory proof of restitution and payment by the defendant of all administrative costs accruing not to exceed twenty dollars submitted before the date set for trial after the issuance of a warrant.

(d) For purposes of this chapter, subsequent persons receiving a check, draft, or other written order by endorsement from the original payee or a successor endorsee have the same rights that the original payee has against the maker of the instrument, if the maker of the instrument has the same defenses against subsequent persons as he may have had against the original payee. However, the remedies available under this chapter may be exercised only by one party in interest."

SECTION 5. Section 56-5-765 of the 1976 Code, as added by Act 439 of 1994, is amended to read:

"Section 56-5-765. (A) When a motor vehicle or motorcycle of a law enforcement agency, except a motor vehicle or motorcycle operated by the South Carolina Department of Public Safety, is involved in a traffic collision that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the State Highway Patrol shall investigate the collision and file a report with findings on whether the agency motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.

(B) When a motor vehicle or motorcycle of the Department of Public Safety is involved in a traffic collision that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the sheriff of the county in which the collision occurred shall investigate the collision, regardless of whether the collision occurred within an incorporated

(C) A law enforcement department or agency may not investigate collisions in which a motor vehicle or an employee of that department or agency is involved that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved."

SECTION 6. The 1976 Code is amended by adding:

"Section 56-5-2780. (A) A driver of a vehicle violating Section 56-5-2770(a) or (e) is guilty of a misdemeanor and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a first offense must be fined not less than one thousand five hundred dollars or imprisoned not more than thirty days. In lieu of imprisonment, the court may require that the individual complete an appropriate term of community service of not fewer than ten days upon terms and conditions the court considers proper. Upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a second or subsequent violation of Section 56-5-2770(a) or (e), a person is guilty of a misdemeanor and must be fined not less than two thousand dollars or more than five thousand dollars or imprisoned for not fewer than thirty days and not more than sixty days.

(B) If a driver of a vehicle violates Section 56-5-2770(a) or (e), and the violation proximately causes great bodily injury or death to a pedestrian, the person is guilty of a felony and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bond, the person must be:

(1) fined not less than five thousand dollars or more than ten thousand dollars and imprisoned for not less than sixty days or more than one year when great bodily injury results;

(2) fined not less than ten thousand dollars or more than twenty-five thousand dollars and imprisoned for not less than one year or more than five years when death results.

As used in this subsection, `great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

The department shall suspend the driver's license of a person who is convicted or who receives a sentence upon a plea of guilty or nolo contendere pursuant to this subsection for the term of imprisonment plus one year."

"Section 56-5-2775. The driver of a vehicle violating the provisions of Sections 56-5-2735 and 56-5-2770(a) or (e) is guilty of a misdemeanor and, upon conviction, must be punished by a fine of fined not less than one hundred dollars nor or more than two hundred dollars or imprisonment imprisoned for not more than thirty days."

SECTION 8. This act takes effect upon approval by the Governor.

Amend title to conform.

/s/Donald H. Holland /s/Douglas Jennings, Jr.
/s/Thomas L. Moore /s/Gilda Y. Cobb-Hunter
/s/H. Samuel Stilwell /s/Ronald N. Fleming

On Part of the Senate.On Part of the House.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

The following was introduced:

H. 4297 -- Rep. Cotty: A HOUSE RESOLUTION CONGRATULATING LUGOFF ELEMENTARY SCHOOL OF KERSHAW COUNTY ON BEING SELECTED AS A RECIPIENT FOR ONE OF THE 1995 "PALMETTO'S FINEST" AWARDS AND ALSO ON BEING NAMED A WINNER IN REDBOOK'S "AMERICA'S BEST SCHOOLS PROJECT".

The Resolution was adopted.

The following was introduced:

H. 4298 -- Reps. Cotty and Shissias: A HOUSE RESOLUTION CONGRATULATING ST. JOHN NEWMANN CATHOLIC SCHOOL OF RICHLAND COUNTY ON ITS RECENT OUTSTANDING PERFORMANCE IN THE "ODYSSEY OF THE MIND" STATE COMPETITION.

The Resolution was adopted.

The following was introduced:

H. 4299 -- Reps. Fulmer, Hallman, Breeland, Inabinett, L. Whipper, Whatley, Seithel, Limehouse, S. Whipper and Harrell: A HOUSE RESOLUTION TO COMMEND MR. TOM B. YOUNG OF CHARLESTON FOR HIS TWENTY-FIVE YEARS OF DISTINGUISHED SERVICE ON THE CHARLESTON COUNTY PARKS AND RECREATION COMMISSION AND FOR HIS WORK IN DEVELOPING A MUCH-NEEDED PARKS AND RECREATION PROGRAM IN CHARLESTON COUNTY.

The Resolution was adopted.

The following was received.
Columbia, S.C., June 1, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Land, Mescher and Saleeby of the Committee of Conference on the part of the Senate on S. 126:
S. 126 -- Senators Land and Washington: A BILL TO AMEND SECTION 9-8-110(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE THE PROVISION TERMINATING BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER ON HER REMARRIAGE.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 1, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3135:
H. 3135 -- Reps. Hodges, Tucker, Knotts, Inabinett, Baxley and Whatley: A BILL TO AMEND SECTION 23-28-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

The following was received.
Columbia, S.C., June 1, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3448:
H. 3448 -- Reps. Spearman, McTeer and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-27 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON LAKE MURRAY IN CERTAIN AREAS AND PROVIDE PENALTIES.
Very respectfully,
President

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

The following was received from the Senate.

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3515:
H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH

On motion of Rep. HARRISON, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. JENNINGS, J. YOUNG and KLAUBER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received.
Columbia, S.C., June 1, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it requests the return of H. 3839:

H. 3839 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE RECORDS MAY BE COPIED AND REPRODUCED, TO REVISE THE ENTITIES TO WHICH THIS SECTION APPLIES, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COPIES AND REPRODUCTIONS OF THESE RECORDS MAY BE ADMITTED INTO EVIDENCE.
Very respectfully,
President

The SPEAKER ordered the Bill returned to the Senate.

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