South Carolina General Assembly
122nd Session, 2017-2018

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H. 4811

STATUS INFORMATION

General Bill
Sponsors: Reps. S. Rivers, G.M. Smith, Elliott, Davis, Stavrinakis, Murphy, Jordan, Caskey, Fry, W. Newton, Bannister, Clemmons, Cole, Lowe, Pope, Tallon and Clary
Document Path: l:\council\bills\nbd\11216cz18.docx

Introduced in the House on January 31, 2018
Currently residing in the House Committee on Judiciary

Summary: Magistrates

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/31/2018  House   Introduced and read first time (House Journal-page 76)
   1/31/2018  House   Referred to Committee on Judiciary 
                        (House Journal-page 76)
    3/7/2018  House   Committee report: Majority favorable with amend., 
                        minority unfavorable Judiciary (House Journal-page 4)
   3/22/2018  House   Member(s) request name added as sponsor: Pope, Tallon, 
                        Clary
    4/4/2018  House   Recommitted to Committee on Judiciary 
                        (House Journal-page 56)

View the latest legislative information at the website

VERSIONS OF THIS BILL

1/31/2018
3/7/2018

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

COMMITTEE REPORT

March 7, 2018

H. 4811

Introduced by Reps. S. Rivers, G.M. Smith, Elliott, Davis, Stavrinakis, Murphy, Jordan, Caskey, Fry, W. Newton, Bannister, Clemmons, Cole and Lowe

S. Printed 3/7/18--H.

Read the first time January 31, 2018.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4811) to amend Section 22-1-10, as amended, Code of Laws of South Carolina, 1976, relating to the appointment of magistrates, so as to require that, etc., respectfully

REPORT:

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

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/    SECTION    1.    Section 22-1-10(B)(2) of the 1976 Code is amended by adding a subitem to read:

"( )    On and after July 1, 2019, no person is eligible for an initial appointment to hold the office of magistrate who is not at the time of his appointment: (i) a citizen of the United States and of this State, (ii) has not been a resident of this State for at least five years, (iii) has not attained the age of twenty-one years upon his appointment, and (iv) is not a licensed attorney in South Carolina. However, a county with a population of less than seventy-five thousand is exempt from the provisions of (iv) and the magistrate must have received a four-year baccalaureate degree."     /

Renumber sections to conform.

Amend title to conform.

Majority favorable.    Minority unfavorable.

F. GREGORY DELLENEY, JR.    JOHN RICHARD C. KING

For Majority.    For Minority.

            

A BILL

TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE THAT A MAGISTRATE MUST BE A LICENSED ATTORNEY AND TO PROVIDE EXCEPTIONS UNDER CERTAIN CIRCUMSTANCES.

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

SECTION    1.    Section 22-1-10(B)(2) of the 1976 Code is amended by adding a subitem to read:

"( )    On and after July 1, 2018, no person is eligible for an initial appointment to hold the office of magistrate who: (i) is not at the time of his appointment a citizen of the United States and of this State, (ii) has not been a resident of this State for at least five years, (iii) has not attained the age of twenty-one years upon his appointment, and (iv) is not a licensed attorney. However, a county with a population of less than seventy-five thousand is exempt from the provisions of (iv) and the magistrate must have received a four-year baccalaureate degree."

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

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This web page was last updated on April 5, 2018 at 10:17 AM