Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format
Current Status Bill Number:View additional legislative information at the LPITS web site.4864 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20020307 Primary Sponsor:Sheheen All Sponsors:Sheheen, Altman and Coleman Drafted Document Number:l:\council\bills\ggs\22337cm02.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Date of Last Amendment:20020425 Subject:Notice for trial may be issued by magistrate based on sworn statement of affiant who is not a law enforcement officer History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020430 Introduced, read first time, 11 SJ referred to Committee ------ 20020429 Scrivener's error corrected House 20020426 Read third time, sent to Senate House 20020425 Amended, read second time, unanimous consent for third reading on Friday, 20020426 House 20020424 Committee report: Favorable with 25 HJ amendment House 20020307 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on April 24, 2002 - Word format Revised on April 25, 2002 - Word format Revised on April 29, 2002 - Word format
AMENDED
April 25, 2002
H. 4864
S. Printed 4/25/02--H. [SEC 4/29/02 8:46 AM]
Read the first time March 7, 2002.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-115 SO AS TO PROVIDE THAT A MAGISTRATE MAY ISSUE A NOTICE FOR TRIAL BASED UPON THE SWORN STATEMENT OF AN AFFIANT WHO IS NOT A LAW ENFORCEMENT OFFICER BUT MAY NOT ISSUE AN ARREST WARRANT IF THE AFFIANT IS NOT A LAW ENFORCEMENT OFFICER.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 22-5-115. (A) Notwithstanding another provision of law, a summary court or municipal judge may issue a summons to appear for trial instead of an arrest warrant, based upon a sworn statement of an affiant who is not a law enforcement officer investigating the case if the sworn statement establishes probable cause that the alleged crime was committed. The summons must express adequately the charges against the defendant. If the defendant fails to appear before the court, he may be tried in his absence or a bench warrant may be issued for his arrest. The summons must be served personally upon the defendant.
(B) The Attorney General must design the form containing the summons to appear. The form must include:
(1) an affidavit that establishes probable cause;
(2) a description of the charges against the defendant;
(3) the date, time, and place of the trial;
(4) the name of the issuing officer;
(5) the defendant's and affiant's name, address, and telephone number;
(6) the date and location of the incident; and
(7) notice that the defendant may be tried in his absence or a bench warrant may be issued for his arrest.
(C) A summons issued pursuant to this section must be tracked in the same manner as an arrest warrant."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Tuesday, December 8, 2009 at 11:37 A.M.