South Carolina General Assembly
118th Session, 2009-2010

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S. 282

STATUS INFORMATION

General Bill
Sponsors: Senators McConnell, Ford and Davis
Document Path: l:\s-jud\bills\mcconnell\jud0055.jjg.docx

Introduced in the Senate on January 15, 2009
Introduced in the House on May 12, 2009
Currently residing in the House

Summary: Arrest warrants

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/15/2009  Senate  Introduced and read first time SJ-7
   1/15/2009  Senate  Referred to Committee on Judiciary SJ-7
   1/23/2009  Senate  Referred to Subcommittee: Hutto (ch), Rose, Shoopman
    5/6/2009  Senate  Committee report: Favorable with amendment Judiciary SJ-8
    5/7/2009  Senate  Committee Amendment Amended and Adopted SJ-26
    5/7/2009  Senate  Read second time SJ-26
    5/8/2009          Scrivener's error corrected
   5/12/2009  Senate  Read third time and sent to House SJ-10
   5/12/2009  House   Introduced and read first time HJ-108
   5/12/2009  House   Referred to Committee on Judiciary HJ-108
    6/2/2010  House   Recalled from Committee on Judiciary HJ-85
    6/3/2010          Scrivener's error corrected
    6/3/2010  House   Debate adjourned HJ-22

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/15/2009
5/6/2009
5/7/2009
5/8/2009
6/2/2010
6/3/2010

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

Indicates Matter Stricken

Indicates New Matter

RECALLED

June 2, 2010

S. 282

Introduced by Senators McConnell, Ford and Davis

S. Printed 6/2/10--H.    [SEC 6/3/10 11:47 AM]

Read the first time May 12, 2009.

            

A BILL

TO AMEND SECTION 22-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATED TO MAGISTRATES' POWERS AND DUTIES REGARDING THE ISSUANCE OF ARREST WARRANTS AND COURTESY SUMMONS, SO AS TO PROVIDE THAT NO ARREST WARRANT SHALL BE ISSUED FOR THE ARREST OF A PERSON UNLESS SOUGHT BY A MEMBER OF A LAW ENFORCEMENT AGENCY ACTING IN THEIR OFFICIAL CAPACITY; AND TO PROVIDE THAT IF AN ARREST WARRANT IS SOUGHT BY SOMEONE OTHER THAN A LAW ENFORCEMENT OFFICER, THE COURT MUST ISSUE A COURTESY SUMMONS, EXCEPT WHEN A BUSINESS IS SEEKING AN ARREST WARRANT FOR ANY OFFENSE AGAINST THE BUSINESS OR A PERSON IS SEEKING AN ARREST WARRANT FOR A FRAUDULENT CHECK, IF THE FRAUDULENT CHECK IS PRESENTED TO THE MAGISTRATE AT THE TIME THE WARRANT IS SOUGHT.

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

SECTION    1.    Section 22-5-110 of the 1976 Code is amended to read:

"Section 22-5-110.        (A)    Magistrates shall:

(1)    cause to be arrested all persons found within their counties charged with any offense and persons who after committing any offense within the county escapeflee out of it,the county;

(2)    examine into treasons, felonies, grand larcenies, high crimes, and misdemeanors,;

(3)    commit or bind over for trial those who appear to be guilty of crimes or offenses not within their jurisdiction,; and

(4)    punish those guilty of such offenses within their jurisdiction.

(B)    Notwithstanding another provision of law, a person charged with any misdemeanor offense requiring a warrant signed by nonlaw enforcement personnel to ensure the arrest of a person must be given a courtesy summons.

(B)(1)    No arrest warrant shall be issued for the arrest of a person unless sought by a member of a law enforcement agency acting in their official capacity.

(2)    If an arrest warrant is sought by someone other than a law enforcement officer, the court must issue a courtesy summons. This provision does not apply to a business seeking an arrest warrant for any offense against the business, a person seeking an arrest warrant for a fraudulent check, if the fraudulent check is presented to the magistrate at the time the warrant is sought, or offenses involving criminal domestic violence, harassment, or assault and battery of a high and aggravated nature.

(3)    If a defendant named in a courtesy summons fails to appear before the court pursuant to the summons, the court may issue an arrest warrant for the underlying offense based upon the original sworn statement of the affiant who sought the courtesy summons, provided the sworn statement establishes probable cause that the underlying offense was committed."

SECTION    2.    This act takes effect upon approval by the Governor.

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