South Carolina General Assembly
113th Session, 1999-2000

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Bill 3519


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3519
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990211
Primary Sponsor:                  Knotts
All Sponsors:                     Knotts, Wilkins, Harrison and Altman
Drafted Document Number:          l:\council\bills\bbm\10089som99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Indictments, solicitors to go to trial 
                                  within year and state has ninety days to 
                                  present after warrant issued; Courts


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990211  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill

View additional legislative information at the LPITS web site.


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

A BILL

TO AMEND CHAPTER 23, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PLEADING AND TRIAL, BY ADDING SECTION 17-23-155 SO AS TO PROVIDE THAT, WITH EXCEPTIONS, SOLICITORS MUST CALL CASES FOR TRIAL WITHIN ONE YEAR OF THE INDICTMENT, AND TO PROVIDE THAT, WITH EXCEPTIONS, THE STATE MUST PRESENT AN INDICTMENT WITHIN NINETY DAYS AFTER A WARRANT HAS BEEN ISSUED.

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

SECTION 1. Chapter 23, Title 17 of the 1976 Code is amended by adding:

"Section 17-23-155. (A) Except for the offense of murder as prosecuted under Section 16-3-20, the State must dispose of a case within one year of the indictment by the solicitor. However, the court may grant a continuance of a case beyond this statutory limit provided the judge states, on the record, the reasons for granting a continuance and sets a date certain for trial. The statutory limit does not apply if the trial has begun.

(B) The State is required to indict within ninety days after a warrant is issued. However, the State may remand a case for further investigation within the ninety days. If the State remands a case, the case is removed from the state's pending cases until the investigation is complete. The solicitor must notify the clerk of court of all remanded cases."

SECTION 2. All proceedings pending, and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.

SECTION 3. This act takes effect upon approval by the Governor and applies to all crimes committed on or after that date.

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