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Session 119 - (2011-2012)Printer Friendly
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S*0030 (Rat #0104, Act #0070 of 2011) General Bill, By McConnell, Leventis and Ford
Similar (H 3606)
Summary: Magistrates' powers and duties
    AN ACT TO AMEND SECTION 22-5-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATED TO MAGISTRATES' POWERS AND DUTIES REGARDING THE ISSUANCE OF ARREST WARRANTS AND COURTESY SUMMONS, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT NO ARREST WARRANT SHALL BE ISSUED FOR THE ARREST OF A PERSON UNLESS SOUGHT BY A MEMBER OF A LAW ENFORCEMENT AGENCY ACTING IN HIS OFFICIAL CAPACITY, CERTAIN BUSINESSES SEEKING AN ARREST WARRANT FOR AN OFFENSE AGAINST THE BUSINESS, AND PERSONS SEEKING AN ARREST WARRANT FOR A FRAUDULENT CHECK OR OFFENSES INVOLVING CRIMINAL DOMESTIC VIOLENCE, HARASSMENT, OR ASSAULT AND BATTERY, TO PROVIDE THAT A COURTESY SUMMONS MUST BE ISSUED WHEN AN ARREST WARRANT IS SOUGHT BY ANY OTHER PERSON, AND TO PROVIDE THAT AN ARREST WARRANT MAY BE ISSUED WHEN A PERSON FAILS TO APPEAR BEFORE THE COURT PURSUANT TO A COURTESY SUMMONS; TO AMEND SECTION 22-1-10, RELATING TO THE APPOINTMENT OF MAGISTRATES, THEIR TERMS AND JURISDICTION, SO AS TO PROVIDE THAT THE GOVERNOR MAY APPOINT A MAGISTRATE TO A POSITION THAT BECOMES VACANT ONCE THE TERM OF A SITTING MAGISTRATE IS TERMINATED UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 22-1-30, RELATING TO THE SUSPENSION OR REMOVAL OF A MAGISTRATE, SO AS TO PROVIDE A PROCEDURE TO END A MAGISTRATE'S TERM OF OFFICE AND NOT ALLOW HIM TO CONTINUE TO SERVE UNTIL HIS SUCCESSOR IS APPOINTED; AND TO AMEND SECTION 22-2-40, RELATING TO THE NUMBER AND LOCATION OF MAGISTRATES THAT MAY SERVE IN A COUNTY, SO AS TO PROVIDE AN ADDITIONAL PROVISION THAT WOULD ALLOW THE NUMBER AND LOCATION OF MAGISTRATES TO BE INCREASED OR DECREASED. - ratified title
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12/01/10Senate Prefiled
12/01/10Senate Referred to Committee on Judiciary
01/11/11Senate Introduced and read first time (Senate Journal-page 20)
01/11/11Senate Referred to Committee on Judiciary (Senate Journal-page 20)
02/23/11Senate Referred to Subcommittee: Hutto (ch), Rose, Shoopman
03/30/11Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 27)
03/31/11Senate Committee Amendment Adopted (Senate Journal-page 24)
04/01/11 Scrivener's error corrected
04/05/11Senate Read second time (Senate Journal-page 26)
04/05/11Senate Roll call Ayes-40 Nays-0 (Senate Journal-page 26)
04/06/11Senate Read third time and sent to House (Senate Journal-page 16)
04/06/11House Introduced and read first time (House Journal-page 73)
04/06/11House Referred to Committee on Judiciary (House Journal-page 73)
05/18/11House Committee report: Favorable with amendment Judiciary (House Journal-page 59)
05/24/11House Debate adjourned (House Journal-page 66)
05/24/11House Debate adjourned until Wednesday, May 25, 2011 (House Journal-page 106)
05/25/11House Amended (House Journal-page 19)
05/25/11House Read second time (House Journal-page 19)
05/25/11House Roll call Yeas-107 Nays-3 (House Journal-page 19)
05/26/11House Read third time and returned to Senate with amendments (House Journal-page 6)
06/01/11Senate House amendment amended (Senate Journal-page 169)
06/01/11Senate Roll call Ayes-40 Nays-0 (Senate Journal-page 169)
06/01/11Senate Returned to House with amendments (Senate Journal-page 169)
06/02/11House Non-concurrence in Senate amendment (House Journal-page 89)
06/14/11Senate Senate insists upon amendment and conference committee appointed Hutto, Massey, and Shoopman (Senate Journal-page 24)
06/14/11House Conference committee appointed Reps. Bannister, Tallon and Rutherford (House Journal-page 655)
06/22/11House Conference report received and adopted (House Journal-page 317)
06/22/11Senate Conference report received and adopted (Senate Journal-page 15)
06/22/11Senate Roll call Ayes-43 Nays-0 (Senate Journal-page 15)
06/22/11House Ordered enrolled for ratification (House Journal-page 321)
06/22/11 Ratified R 104 (Senate Journal-page 50)
06/28/11 Signed By Governor
07/01/11 Effective date 06/28/11
07/06/11 Act No. 70



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