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4775Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20020220Primary Sponsor: LloydAll Sponsors: Lloyd, Bowers, Hosey, M. Hines, Whipper, Moody-Lawrence, Breeland, Clyburn, Gourdine, J. Hines and KirshDrafted Document Number: l:\council\bills\ggs\22344cm02.docResiding Body: SenateCurrent Committee: Judiciary Committee 11 SJDate of Last Amendment: 20020403Subject: Testimony presented before a magistrate, record of testimony must be maintained for at least thirty daysHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020409 Introduced, read first time, 11 SJ referred to Committee House 20020404 Read third time, sent to Senate House 20020403 Amended, read second time ------ 20020403 Scrivener's error corrected House 20020402 Committee report: Favorable with 25 HJ amendment House 20020220 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on April 2, 2002 - Word format Revised on April 3, 2002 - Word format Revised on April 3, 2002-A - Word format
Indicates Matter Stricken
Indicates New Matter
April 3, 2002
Introduced by Reps. Lloyd, Bowers, Hosey, M. Hines, Whipper, Moody-Lawrence, Breeland, Clyburn, Gourdine, J. Hines and Kirsh
S. Printed 4/3/02--H.
Read the first time February 20, 2002.
TO AMEND SECTION 22-3-790, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING AND ACKNOWLEDGMENT OF TESTIMONY PRESENTED BEFORE A MAGISTRATE, SO AS TO PROVIDE THAT IN A CASE IN WHICH A STENOGRAPHER RECORDS THE TESTIMONY OR A CASE IN WHICH TESTIMONY IS ELECTRONICALLY RECORDED, THE RECORD OF THE TESTIMONY MUST BE RETAINED BY THE MAGISTRATE FOR AT LEAST THIRTY DAYS, AND TO PROVIDE THAT IF THE MAGISTRATE FAILS TO MAINTAIN THE RECORD OF THIS TESTIMONY, THEN AN APPELLATE COURT MUST GRANT THE DEFENDANT A NEW TRIAL UPON AN APPEAL OF THE MAGISTRATE'S VERDICT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-3-790 of the 1976 Code is amended to read:
"Section 22-3-790. In the trial of
any a case before a magistrate the testimony of all witnesses must be taken down in writing and signed by the witnesses except when the defendant waives the taking and signing of the testimony.
any a case before any a magistrate in which a stenographer takes down records the testimony or in which the testimony is electronically recorded it need not be read over and signed by the witnesses, but must be retained by the magistrate for at least sixty days after the trial and while motions and appeals are pending. If the magistrate fails to maintain the record of this testimony for at least sixty days, then an appellate court may grant the defendant a new trial upon appeal of the magistrate's verdict."
SECTION 2. Section 14-25-195 of the 1976 Code is amended to read:
"Section 14-25-195. Any party shall have the right to have the testimony given at a jury trial in any municipal court taken stenographically or mechanically by a reporter; provided, that nothing herein shall operate to prevent any such party from mechanically recording the proceedings himself. The requesting party shall pay the charges of such reporter for taking and transcribing if such testimony is recorded by a municipal court reporter. All stenographical or mechanical recordings of testimony must be retained by the municipal judge for at least sixty days after the trial and while motions are pending. If the municipal judge fails to maintain the record of this testimony for at least sixty days, then an appellate court may grant the defendant a new trial upon appeal of the municipal judge's verdict."
SECTION 3. This act takes effect upon approval by the Governor.
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