Bill 85

                    Current Status

Bill Number:                       85
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19970114
Primary Sponsor:                   Wilson 
All Sponsors:                      Wilson 
Drafted Document Number:           council\legis\bills\jic
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Date of Last Amendment:            19970320
Subject:                           Municipal court, restitution,
                                   municipal ordinance violation;
                                   courts, judges

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

House   19970325  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19970325  Read third time, sent to House
Senate  19970320  Read second time
Senate  19970320  Committee amendment adopted
Senate  19970319  Committee report: Favorable with         11 SJ
                  amendment
Senate  19970114  Introduced, read first time,             11 SJ
                  referred to Committee

Indicates Matter Stricken
Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

March 20, 1997

S. 85

S. Printed 3/20/97--S.

Read the first time January 14, 1997.

A BILL

TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT MUNICIPAL COURTS MAY IMPOSE, SO AS TO PROVIDE THAT A MUNICIPAL JUDGE MAY ORDER RESTITUTION HE CONSIDERS APPROPRIATE IN ADDITION TO CRIMINAL PENALTIES WHENEVER A PARTY IS FOUND GUILTY OF VIOLATING A MUNICIPAL ORDINANCE OR A STATE LAW WITHIN THE JURISDICTION OF THE COURT.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 14-25-65 of the 1976 Code, as last amended by Act No. 171 of 1993, is further amended to read:

"Section 14-25-65. Whenever the If a municipal judge finds a party guilty of violating a municipal ordinance or a state law within the jurisdiction of the court, he the judge may impose a fine of not more than five hundred dollars or imprisonment for thirty days, or both. In addition, a municipal judge may order restitution in an amount not to exceed one thousand dollars."

SECTION 2. Section 22-3-550 of the 1976 Code, as last amended by Act. No. 138 of 1995, is further amended to read:

"Section 22-3-550. (A) 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. In addition, a magistrate may order restitution he considers appropriate in an amount not to exceed one thousand dollars.

(B) 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 and 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 affect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."

SECTION 3. This act takes effect upon approval by the Governor.