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Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Hart and King
Document Path: l:\council\bills\ms\7081ahb13.docx
Introduced in the House on January 16, 2013
Introduced in the Senate on March 7, 2013
Last Amended on March 6, 2013
Currently residing in the Senate Committee on Judiciary
Summary: Bench warrants for failure to appear
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/16/2013 House Introduced and read first time (House Journal-page 12) 1/16/2013 House Referred to Committee on Judiciary (House Journal-page 12) 2/27/2013 House Committee report: Favorable with amendment Judiciary (House Journal-page 81) 3/6/2013 House Member(s) request name added as sponsor: King 3/6/2013 House Amended (House Journal-page 54) 3/6/2013 House Read second time (House Journal-page 54) 3/6/2013 House Roll call Yeas-116 Nays-0 (House Journal-page 55) 3/7/2013 House Read third time and sent to Senate (House Journal-page 22) 3/7/2013 Senate Introduced and read first time (Senate Journal-page 11) 3/7/2013 Senate Referred to Committee on Judiciary (Senate Journal-page 11) 4/12/2013 Senate Referred to Subcommittee: Hutto (ch), Corbin, Young
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
March 6, 2013
S. Printed 3/6/13--H.
Read the first time January 16, 2013.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-175 SO AS TO PROVIDE THAT A JUDGE MAY NOT ISSUE A BENCH WARRANT FOR FAILURE TO APPEAR UNLESS THE SOLICITOR OR CLERK OF COURT HAS PROVIDED NOTICE TO THE ATTORNEY OF RECORD BEFORE ISSUING THE BENCH WARRANT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 15, Title 17 of the 1976 Code is amended by adding:
"Section 17-15-175. A judge may not issue a bench warrant for failure to appear in court upon motion by the solicitor or other prosecuting entity, unless the solicitor or the party charged with administering the general sessions docket has provided notice to the attorney of record and the bond surety company, if applicable, at least seventy-two hours before the bench warrant is issued. This section does not apply if the presiding judge sua sponte issues the bench warrant for failure to appear."
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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