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H. 3062
STATUS INFORMATION
General Bill
Sponsors: Reps. G.M. Smith and M.A. Pitts
Document Path: l:\council\bills\ms\7074ahb07.doc
Introduced in the House on January 9, 2007
Currently residing in the House Committee on Judiciary
Summary: Summons to appear in Municipal Court
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/13/2006 House Prefiled
12/13/2006 House Referred to Committee on Judiciary
1/9/2007 House Introduced and read first time HJ-39
1/9/2007 House Referred to Committee on Judiciary HJ-39
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 22-5-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUMMONS TO APPEAR ISSUED IN SUMMARY OR MUNICIPAL COURTS, SO AS TO PROVIDE THAT UPON THE REQUEST OF A LAW ENFORCEMENT OFFICER THE JUDGE SHALL ISSUE THE SUMMONS TO APPEAR AND TO AUTHORIZE THE APPROPRIATE LAW ENFORCEMENT AGENCY TO FINGERPRINT THE PERSON WHO IS THE SUBJECT OF THE SUMMONS TO APPEAR.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-5-115 of the 1976 Code, as added by Act 348 of 2002, is amended to read:
"Section 22-5-115. (A) Notwithstanding any other another provision of law and upon the request of a law enforcement officer, a summary court or municipal judge may shall 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.
(D) The law enforcement agency with jurisdiction over the offense for which the summons to appear is issued is authorized to fingerprint the person who is issued the summons to appear. However, the law enforcement agency may not further detain the person after the fingerprints are obtained."
SECTION 2. This act takes effect upon approval by the Governor.
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