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Current Status Bill Number:View additional legislative information at the LPITS web site.3520 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990211 Primary Sponsor:Knotts All Sponsors:Knotts, Ott and M. McLeod Drafted Document Number:l:\council\bills\nbd\11144som99.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Magistrates, Municipal, Courts; Criminal cases to be disposed of within six months History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990211 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND ARTICLE 5, CHAPTER 3, TITLE 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMINAL JURISDICTION OF MAGISTRATES' COURTS, BY ADDING SECTION 22-3-555 SO AS TO PROVIDE THAT, WITH EXCEPTIONS, CRIMINAL CASES IN MAGISTRATES' COURT MUST BE DISPOSED OF WITHIN SIX MONTHS OF ARREST; AND TO AMEND SECTION 14-25-45, RELATING TO THE JURISDICTION OF MUNICIPAL COURTS, SO AS TO PROVIDE THAT, WITH EXCEPTIONS, CASES IN MUNICIPAL COURT MUST BE DISPOSED OF WITHIN SIX MONTHS OF ARREST.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 3 of Title 22 of the 1976 Code is amended by adding:
"Section 22-3-555. The magistrate's court shall dispose of a criminal case within six months of arrest. 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."
SECTION 2. Section 14-25-45 of the 1976 Code is amended to read:
"Section 14-25-45. (A) Each municipal court shall have has jurisdiction to try all cases arising under the ordinances of the municipality for which it was established. The court shall also have also has all such powers, duties, and jurisdiction in criminal cases made under state law and conferred upon magistrates. The court shall have has the power to punish for contempt of court by imposition of sentences up to the limits imposed on municipal courts. The court shall have has no jurisdiction in civil matters.
(B) The municipal court shall dispose of a case within six months of arrest. 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 the continuance and sets a date certain for trial. The statutory limit does not apply if the trial has begun."
SECTION 3. 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 4. This act takes effect upon approval by the Governor and applies to all crimes committed on or after that date.
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