Current Status Bill Number:613 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970402 Primary Sponsor:Holland All Sponsors:Holland and Gregory Drafted Document Number:jud6029.dhh Residing Body:House Current Committee:Lancaster Delegation 97 HLD Subject:Lancaster County, magistrate courts, single countywide jury area established; Juries and Jurors, Courts
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970408 Introduced, read first time, 97 HLD
referred to Lancaster Delegation
Senate 19970404 Read third time, sent to House
Senate 19970403 Read second time
Senate 19970402 Unanimous consent for second
and third reading on the next two
consecutive Legislative days
Senate 19970402 Introduced, read first time,
placed on Calendar without reference
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
INTRODUCED
April 2, 1997
S. 613
S. Printed 4/2/97--S.
Read the first time April 2, 1997.
TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS ESTABLISHED IN LANCASTER COUNTY, SO AS TO PROVIDE FOR A COUNTYWIDE JURY AREA AND A CENTRALIZED MAGISTRATE'S COURT AND TO ADD A MAGISTRATE TO SERVE AS THE MAGISTRATE OF THE CENTRALIZED MAGISTRATE'S COURT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-2-190(29) of the 1976 Code is amended to read:
"(29) Lancaster County
No. 1-Indian Land Township
No. 2-Waxhaw Township, Cane Creek Township, Cedar Creek Township
No. 3-Gills Creek Township, Pleasant Hill Township
No. 4-Kershaw Township, and the New Annexed Area from Kershaw
No. 5-Buford Township
One jury area countywide.
The magistrate's court system in Lancaster County must be so organized in order to provide for a centralized magistrate's court for the purpose of facilitating and expediting civil and criminal matters as hereinafter provided:
(A) The centralized magistrate's court has concurrent jurisdiction for civil and criminal matters with the existing magistrates of Lancaster County. A plaintiff in a civil matter has the right to bring an action in either the centralized magistrate's court or in a magistrate's court within a defined jury area.
The defendant in a magisterial civil matter may remove the case from the centralized magistrate's court to the defined jury area in which the defendant resides, or the defendant may remove the case from the defined jury area in which he resides to the centralized magistrate's court. This removal is accomplished by notification to the court of origin, and cause for removal need not be shown.
(B) The centralized magistrate's court has jurisdiction over any type or form of civil or criminal matter within a magistrate's jurisdiction including, but not limited to, any procedural or substantive matter or preliminary hearing or examination or bond or bail hearing.
(C) The fees and charges for the centralized magistrate's court are the same as those prevailing in all magistrates' courts whether centralized or in a defined jury area.
(D) Upon the effective date of this act, a centralized magistrate's court must be established with offices located in the City of Lancaster.
(E) In addition to the existing magistrates of Lancaster County, one magistrate who shall serve as the magistrate of the centralized magistrate's court with offices located in the City of Lancaster and who is from the county at large without regard to residence must be appointed by the Governor with the advice and consent of the Senate."
SECTION 2. This act takes effect July 1, 1997.