H 3658  General Bill, By Rutherford and Young
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 17-23-168 SO AS TO PROVIDE THAT A COURTESY SUMMONS MUST BE ISSUED WHEN CHARGES
 ARE DISMISSED OR NOL PROSSED AFTER A PRELIMINARY HEARING WHEN A DEFENDANT IS
 SUBSEQUENTLY INDICTED BY A LOCAL OR STATE GRAND JURY FOR THE ORIGINAL OR
 SUBSTANTIALLY SIMILAR CHARGE OR CHARGES.
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   01/17/19  House  Introduced and read first time (House Journal-page 7)
   01/17/19  House  Referred to Committee on Judiciary
                     (House Journal-page 7)
   01/29/19  House  Member(s) request name added as sponsor: Young

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-168 SO AS TO PROVIDE THAT A COURTESY SUMMONS MUST BE ISSUED WHEN CHARGES ARE DISMISSED OR NOL PROSSED AFTER A PRELIMINARY HEARING WHEN A DEFENDANT IS SUBSEQUENTLY INDICTED BY A LOCAL OR STATE GRAND JURY FOR THE ORIGINAL OR SUBSTANTIALLY SIMILAR CHARGE OR CHARGES.

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

SECTION    1.    Chapter 23, Title 17 of the 1976 Code is amended by adding:

"Section 17-23-168. After a preliminary hearing, if the charge or charges against a defendant are dismissed or nol prossed and the defendant is subsequently indicted by a local or state grand jury on the original or substantially similar charge or charges and an arrest warrant is sought, the court must issue a courtesy summons."

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