Senator Hembree proposes the following amendment (SJ-52.MB0038S):
Amend the bill, as and if amended, SECTION 5, by striking Section 56-5-2940(A) and (B) and inserting:
(A) A circuit solicitor must become the prosecuting authority for a first or second offense violation of Section 56-5-2930 or a first or second offense violation of Section 56-5-2933 immediately upon receiving notice that the person charged has retained or been appointed counselfrom the county clerk of court. The circuit solicitor may refer a violation which occurred in a municipality to the municipality's prosecuting attorney. The circuit solicitor may assume the prosecution of a first offense violation of Section 56-5-2930 or a first offense violation of Section 56-5-2933 pending in municipal court.(B) There is established and designated in each of the counties of this State a magistrates centralized court to have jurisdiction over all magistrate level offenses occurring:
(1) within the unincorporated areas of the county involving a first offense violation of Section 56-5-2930 or a first offense violation of Section 56-5-2933;
(2) within all areas of the county involving a second offense violation of Section 56-5-2930 or a second offense violation of Section 56-5-2933;
(3) within all areas of the county any other magistrate level offenses as determined by the circuit solicitor; or
(4) within the incorporated areas of the county, provided the solicitor has notified the municipal court and the municipal attorney, where applicable, that the solicitor will assume prosecution of a first offense violation of Section 56-5-2930 or a first offense violation of Section 56-5-2933.
(C) The county clerk shall forward the arrest warrant or charging documents for a first or second offense violation of Section 56-5-2930, a first or second offense violation of Section 56-5-2933, or any other magistrate level offenses as determined by the circuit solicitor in (B)(3) occurring within the county's jurisdiction to the solicitor of the judicial circuit.
(B)(D) Pursuant to Article V, Section 4 of the Constitution of South Carolina, the Chief Justice of the South Carolina Supreme Court may appoint a master-in-equity to sit in the magistratemagistrates centralized court or circuit court seat for the purpose of presiding over cases involving violations of Section 56-5-2930 or violations of Section 56-5-2933.
Amend the bill further, SECTION 18, by striking Section 1-7-406 and inserting:
Section 1-7-406. Notwithstanding any other provision of law, each judicial circuit of this State, in addition to its other assistant solicitors, shall have one three assistant solicitor solicitors and one investigator who shall be full-time employees. Such assistant solicitor solicitors and investigator for each circuit shall be appointed by the solicitor of that circuit, shall serve at his pleasure and shall have such responsibilities as the solicitor directs. Two assistant solicitors shall be designated by the circuit The circuit solicitor shall designate as specialassistant prosecutors to assistprosecute the circuit solicitor in the prosecution of the offenses of driving under the influence and driving with an unlawful alcohol concentration in general sessions court, magistrates court, and municipal court, if the municipality does not have a prosecuting attorneythe various courts. The compensation of each such assistant solicitor and investigator or such other staff as may be designated by each solicitor for his circuit and related employment expenses shall be as provided by the General Assembly in the annual general appropriations act. Nothing contained herein shall prohibit the funds so provided for such staff to be designated by the solicitor as being utilized with local and federal funds.Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. Section 22-2-190 of the S.C. Code is amended to read:Section 22-2-190. The following jury areas for magistrates courts in the various counties of the State are established:
(1) Abbeville County
(a)(1) Abbeville
(2) Calhoun Falls
(3) Lowndesville
(4) Antreville
(5) Due West
(6) Donalds
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-01-13, and on copies filed with the Abbeville County magistrates offices, and available on the Abbeville County website.
(c) Notwithstanding the provisions of subitem (a), for the Abbeville County Magistrates Centralized Court
One jury area countywide.
(2) Aiken County
(a)(1) North Augusta
(2) Langley
(3) Aiken
(4) New Ellenton
(5) Wagner/Monetta
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-03-13, and on copies filed with the Aiken County magistrates offices, and available on the Aiken County website.
(c) Each magistrate's office must be maintained at a place designated by the Aiken County Legislative Delegation.
(d) Notwithstanding the provisions of subitem (a), for the Aiken County Magistrates Centralized Court
One jury area countywide.
(3) Allendale County
One jury area countywide.
(4) Anderson County
One jury area countywide.
(5) Bamberg County
One jury area countywide.
(6) Barnwell County
(a) The boundaries for the magistrates jury areas in Barnwell are defined by the boundaries of the Barnwell school districts.
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-11-13, and on copies filed with the Barnwell County magistrates offices, and available on the Barnwell County website.
(c) Notwithstanding the provisions of subitem (a), for the Barnwell County Magistrates Centralized Court
One jury area countywide.
(7) Beaufort County
(a)(1) Sheldon
(2) Bluffton
(3) Daufuskie
(4) Hilton Head
(5) Beaufort
(6) St. Helena
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-13-13, and on copies filed with the Beaufort County magistrates offices, and available on the Beaufort County website.
(c) Notwithstanding the provisions of subitem (a), for the Beaufort County Magistrates Centralized Court
One jury area countywide.
(8) Berkeley County
(a)(1) Goose Creek
(2) Jamestown
(3) St. Stephen
(4) Moncks Corner
(5) Summerville
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-15-13, and on copies filed with the Berkeley County magistrates offices, and available on the Berkeley County website.
(c) Notwithstanding the provisions of subsection (a), for the Berkeley County Magistrates Centralized Court
One jury area countywide.
(9) Calhoun County
One jury area countywide.
(10) Charleston County
(a)(1) Jury Area No. 1: St. Paul's/Edisto
(2) Jury Area No. 2: West Ashley
(3) Jury Area No. 3: Charleston
(4) Jury Area No. 4: North Charleston
(5) Jury Area No. 5: Mount Pleasant
(6) Jury Area No. 6: St. Andrews
(7) Jury Area No. 7: McClellanville
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-19-13, and on copies filed with the Charleston County magistrates offices, and available on the Charleston County website.
(c) Notwithstanding any other provision of law, magistrates in Charleston County shall reside in the following jury areas:
(1) Three magistrates shall reside in Jury Area No. 1, one of whom shall reside on Edisto Island.
(2) Three magistrates shall reside in Jury Area No. 2, one of whom shall reside on each of the following islands: Johns Island, James Island and Wadmalaw Island.
(3) Two magistrates shall reside in Jury Area No. 3.
(4) Three magistrates shall reside in Jury Area No. 4.
(5) One magistrate shall reside in Jury Area No. 5.
(6) One magistrate shall reside in Jury Area No. 6.
(7) One magistrate shall reside in Jury Area No. 7.
(d) The magistrate system in Charleston County must be so organized in order to provide for centralized magistrates courts for the purpose of facilitating and expediting civil and criminal matters as hereinafter provided:
(1) The centralized magistrates courts have concurrent jurisdiction for civil and criminal matters with the existing magistrates of Charleston County. Plaintiffs in civil matters have the right to commence a case in either a central magistrates court or in a magistrates court within a defined jury area. The defendant in a magisterial civil matter may remove the case either from a central magistrates court to the defined jury area in which the defendant resides or the defendant may remove the case from the defined jury area in which he resides to a central magistrates court. This removal must be by notification to the court of origin and no cause for removal must be shown.
(2) The centralized magistrates courts have jurisdiction over any type or form of civil or criminal matter, including any procedural or substantive matter or preliminary hearing or examination or bond or bail hearing or any other criminal proceeding.
(3) The fees and charges for the central magistrates courts are the same as those prevailing in all magistrates courts whether central or in a defined jury area.
(4) Upon the effective date of this paragraph a central magistrates court must be established in the City of Charleston.
(5) Six months after the effective date of this paragraph a central magistrates court must be established in the City of North Charleston. However, if the central magistrates court in the City of North Charleston is not funded and established as required by this subsubitem, then the central magistrates court in the City of Charleston established pursuant to subsubitem (4) must cease to exist until the time the central magistrates court in the City of North Charleston is so funded and established.
(6) A third central magistrates court must be established at the time and in the location which a majority of the members of the General Assembly residing in Charleston County determines. In addition to those magistrates assigned to the seven jury areas, there must be appointed one magistrate from the county at large without regard to residence in a particular jury area who must serve as the magistrate of the central magistrates court in the City of Charleston. Six months after the effective date of this paragraph a second magistrate must be appointed from the county at large without regard to residence in a particular jury area who must serve as the magistrate of the central magistrates court in the City of North Charleston. A third magistrate also must be appointed at the time as provided in this subsubitem from the county at large without regard to residence in a particular jury area who, when appointed, must serve as the magistrate of the central magistrates court established pursuant to this subsubitem.
(e) Notwithstanding the provisions of subitem (a), for the Charleston County Magistrates Centralized Court
One jury area countywide.
(11) Cherokee County
One jury area countywide.
(12) Chester County
(a)(1) Baton Rouge
(2) Chester
(3) Fort Lawn
(4) Great Falls
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-23-13, and on copies filed with the Chester County magistrates offices, and available on the Chester County website.
(c) Notwithstanding the provisions of subitem (a), the Chester County Magistrates Centralized Court
One jury area countywide.
(13) Chesterfield County
One jury area countywide.
(14) Clarendon County
One jury area countywide.
(15) Colleton County
One jury area countywide.
(16) Darlington County
(a)(1) Society Hill
(2) Darlington
(3) Lamar
(4) Lydia
(5) Hartsville.
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-31-13, and on copies filed with the Darlington County magistrates offices, and available on the Darlington County website.
(c) Notwithstanding the provisions of subitem (a), the Darlington County Magistrates Centralized Court
One jury area countywide.
(17) Dillon County
(a)(1) Hamer
(2) Dillon
(3) Lake View
(4) Latta
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-33-13, and on copies filed with the Dillon County magistrates offices, and available on the Dillon County website.
(c) Notwithstanding the provisions of subitem (a), the Dillon County Magistrates Centralized Court
One jury area countywide.
(18) Dorchester County
(a)(1) St. George
(2) Summerville
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-35-13, and on copies filed with the Dorchester County magistrates offices, and available on the Dorchester County website.
(c) Criminal cases and traffic offenses shall be tried in the jury area where the offense was committed, notwithstanding the creation of any uniform court for the trial of certain offenses.
(d) Notwithstanding the provisions of subitem (a), the Dorchester County Magistrates Centralized Court
One jury area countywide.
(19) Edgefield County
One jury area countywide.
(20) Fairfield County
One jury area countywide.
(21) Florence County
(a)(1) Florence
(2) Timmonsville
(3) Evergreen
(4) Olanta
(5) Coward
(6) Pamplico
(7) Lake City
(8) Hannah
(9) Johnsonville
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-41-13, and on copies filed with the Florence County magistrates offices, and available on the Florence County website.
(c) Notwithstanding the provisions of subitem (a), the Florence County Magistrates Centralized Court
One jury area countywide.
(22) Georgetown County
(a)(1) Andrews
(2) Georgetown
(3) Pleasant Hill
(4) Pawleys Island
(5) Murrells Inlet
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-43-13, and on copies filed with the Georgetown County magistrates offices, and available on the Georgetown County website.
(c) Notwithstanding the provisions of subitem (a), the Georgetown County Magistrates Centralized Court
One jury area countywide.
(23) Greenville County
(a)(1) Tigerville
(2) Greenville
(3) Taylors
(4) Simpsonville
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-45-13, and on copies filed with the Greenville County magistrates offices, and available on the Greenville County website.
(c) Notwithstanding the provisions of subitem (a), the Greenville County Magistrates Centralized Court
One jury area countywide.
(24) Greenwood County
One jury area countywide.
(25) Hampton County
(a)(1) North
(2) South
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-49-13, and on copies filed with the Hampton County magistrates offices, and available on the Hampton County website.
(c) Notwithstanding the provisions of subitem (a), the Hampton County Magistrates Centralized Court
One jury area countywide.
(26) Horry County
(a)(1) Aynor
(2) Conway
(3) Myrtle Beach
(4) Little River
(5) Simpson Creek
(6) Bayboro
(7) Green Sea
(8) Floyd
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-51-13, and on copies filed with the Horry County magistrates offices, and available on the Horry County website.
(c) Notwithstanding the provisions of subitem (a), the Horry County Magistrates Centralized Court
One jury area countywide.
(27) Jasper County
One jury area countywide.
(28) Kershaw County
One jury area countywide.
(29) Lancaster County
One jury area countywide.
(30) Laurens County
One jury area countywide.
(31) Lee County
(a)(1) No. 1-Lucknow
(2) No. 2-Stokes Bridge
(3) No. 3-Cypress
(4) No. 4-Bishopville
(5) No. 5-Ionia
(6) No. 6-Spring Hill
(7) No. 7-Ashwood
(8) No. 8-St. Charles
(9) No. 9-Lynchburg
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-61-13, and on copies filed with the Lee County magistrates offices, and available on the Lee County website.
(c) Notwithstanding the provisions of subitem (a), the Lee County Magistrates Centralized Court
One jury area countywide.
(32) Lexington County
(a)(1) Irmo/Chapin
(2) Lexington
(3) Cayce/West Columbia
(4) South Congaree
(5) Bateburg/Leesville
(6) Swansea
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-63-13, and on copies filed with the Lexington County magistrates offices, and available on the Lexington County website.
(c) Notwithstanding the provisions of subitem (a), the Lexington County Magistrates Centralized Court
One jury area countywide.
(33) Marion County
(a)(1) Marion
(2) Mullins
(3) Nichols
(4) Legette
(5) Britton's Neck
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-67-13, and on copies filed with the Marion County magistrates offices, and available on the Marion County website.
(c) Notwithstanding the provisions of subitem (a), the Marion County Magistrates Centralized Court
One jury area countywide.
(34) Marlboro County
(a)(1) Bennettsville
(2) McColl
(3) Clio
(4) Brownsville
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-69-13, and on copies filed with the Marlboro County magistrates offices, and available on the Marlboro County website.
(c) Notwithstanding the provisions of subitem (a), the Marlboro County Magistrates Centralized Court
One jury area countywide.
(35) McCormick County
One jury area countywide.
(36) Newberry County
One jury area countywide.
(37) Oconee County
One jury area countywide.
(38) Orangeburg County
(a)(1) West
(2) Central
(3) East
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-75-13, and on copies filed with the Orangeburg County magistrates offices, and available on the Orangeburg County website.
(c) Notwithstanding the provisions of subitem (a), the Orangeburg County Magistrates Centralized Court
One jury area countywide.
(39) Pickens County
One jury area countywide.
(40) Richland County
(a)(1) Blythewood
(2) Columbia
(3) Dentsville
(4) Dutch Fork
(5) Eastover
(6) Hopkins
(7) Lykesland
(8) Olympia
(9) Pontiac
(10) Upper Township
(11) Waverly
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Revenue and Fiscal Affairs Office designated as document M-79-12, and on copies filed with the Richland County Department of Planning and Development Services, and available on the Richland County website.
(c) Notwithstanding the provisions of subitem (a), for the Richland County Magistrates Centralized Court:
One jury area countywide.
(41) Saluda County
One jury area countywide.
(42) Spartanburg County
One jury area countywide.
(43) Sumter County
One jury area countywide.
(44) Union County
(a)(1) Jonesville
(2) Pinckney
(3) Bogansville
(4) Union
(5) Santuc
(6) Cross Keys
(7) Goshen Hill
(8) Fishdam
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-87-13, and on copies filed with the Union County magistrates offices, and available on the Union County website.
(c) Notwithstanding the provisions of subitem (a), the Union County Magistrates Centralized Court
One jury area countywide.
(45) Williamsburg County
(a)(1) Kingstree
(2) Hemingway
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-89-13, and on copies filed with the Williamsburg County magistrates offices, and available on the Williamsburg County website.
(c) Notwithstanding the provisions of subitem (a), the Williamsburg County Magistrates Centralized Court
One jury area countywide.
(46) York County
(a)(1) Clover
(2) Fort Mill
(3) Rock Hill
(4) Western York County
(5) York
(b) The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Revenue and Fiscal Affairs Office designated as document M-91-12, and on copies filed with the York County Management Information Systems Department, and available on the York County website.
(c) Notwithstanding the provisions of subitem (a), for the York County Centralized DUI Court:
One jury area countywide.
Renumber sections to conform.
Amend title to conform.