South Carolina General Assembly
120th Session, 2013-2014

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S. 176

STATUS INFORMATION

General Bill
Sponsors: Senator Young
Document Path: l:\s-res\try\010moti.hm.try.docx
Companion/Similar bill(s): 3076

Introduced in the Senate on January 8, 2013
Introduced in the House on April 9, 2013
Currently residing in the House Committee on Judiciary

Summary: Magistrate courts

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    1/8/2013  Senate  Introduced and read first time (Senate Journal-page 111)
    1/8/2013  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 111)
    3/8/2013  Senate  Referred to Subcommittee: S.Martin (ch), McElveen, Young
   3/20/2013  Senate  Committee report: Favorable Judiciary 
                        (Senate Journal-page 11)
   3/21/2013  Senate  Read second time (Senate Journal-page 30)
   3/21/2013  Senate  Roll call Ayes-41  Nays-0 (Senate Journal-page 30)
   3/21/2013          Scrivener's error corrected
    4/9/2013  Senate  Read third time and sent to House 
                        (Senate Journal-page 16)
    4/9/2013  House   Introduced and read first time (House Journal-page 54)
    4/9/2013  House   Referred to Committee on Judiciary 
                        (House Journal-page 54)

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/8/2013
3/20/2013
3/21/2013

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

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Indicates New Matter

COMMITTEE REPORT

March 20, 2013

S. 176

Introduced by Senator Young

S. Printed 3/20/13--S.    [SEC 3/21/13 3:46 PM]

Read the first time January 8, 2013.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 176) to amend Section 22-3-1000 of the 1976 Code, relating to the time for a motion for new trial and appeal in magistrates court, to increase the time, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

SHANE R. MARTIN for Committee.

            

A BILL

TO AMEND SECTION 22-3-1000 OF THE 1976 CODE, RELATING TO THE TIME FOR A MOTION FOR NEW TRIAL AND APPEAL IN MAGISTRATES COURT, TO INCREASE THE TIME PERIOD IN WHICH A MOTION FOR A NEW TRIAL MAY BE MADE FROM FIVE TO TEN DAYS.

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

SECTION    1.    Section 22-3-1000 of the 1976 Code is amended to read:

"Section 22-3-1000.    No A motion for a new trial may not be heard unless made within five ten days from the rendering of the judgment. The right of appeal from the judgment exists for thirty days after the rendering of the judgment. A magistrate's order of restitution may be appealed within thirty days. The order of restitution may be appealed separately from an appeal, if any, relating to the conviction."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    3.    This act takes effect upon approval by the Governor.

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This web page was last updated on April 10, 2013 at 4:32 PM