South Carolina General Assembly
119th Session, 2011-2012

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H. 4083

STATUS INFORMATION

General Bill
Sponsors: Reps. Rutherford and Brannon
Document Path: l:\council\bills\ms\7357ahb11.docx

Introduced in the House on April 13, 2011
Currently residing in the House Committee on Judiciary

Summary: Magistrate Court

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/13/2011  House   Introduced and read first time (House Journal-page 20)
   4/13/2011  House   Referred to Committee on Judiciary 
                        (House Journal-page 20)

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/13/2011

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-915 SO AS TO PROVIDE THAT A MAGISTRATE MAY NOT COMMENCE A TRIAL OR ANOTHER PROCEEDING, OR REQUIRE AN ATTORNEY TO APPEAR OR BE PRESENT IN COURT, ON SATURDAY, SUNDAY, OR AFTER FIVE O'CLOCK ON A WEEKDAY EXCEPT IN THE CASE OF AN EMERGENCY AND TO PROVIDE CERTAIN MINIMUM LEVELS OF COMPENSATION FOR JURORS AND OVERTIME PAY FOR COURT PERSONNEL IN THE EVENT OF AN EMERGENCY.

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

SECTION    1.    Article 9, Chapter 3, Title 22 of the 1976 Code is amended by adding:

"Section 22-3-915.    (A)    Notwithstanding a court rule or another provision of law, a magistrate may not commence a trial or another proceeding, or require an attorney to appear or be present in the court, on Saturday, Sunday, or after five o'clock on a weekday except in the case of an emergency.

(B)    If a magistrate determines an emergency exists and court must be held:

(1)    after five o'clock on a weekday, compensation for jurors must be no less than one hundred dollars per day and court personnel must be paid overtime; and

(2)    on the weekend, compensation for jurors must be no less than one hundred fifty dollars per day and court personnel must be paid overtime.

(C)    The provisions of subsection (A) do not apply to bond hearings."

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

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