South Carolina Legislature


 

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S 417
Session 110 (1993-1994)


S 0417 General Bill, By McConnell and M.T. Rose
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 22-3-745 so as to authorize magistrates to dismiss criminal cases for lack of
 prosecution.

   02/11/93  Senate Introduced and read first time SJ-7
   02/11/93  Senate Referred to Committee on Judiciary SJ-7
   03/04/93  Senate Committee report: Majority favorable with amend.,
                     minority unfavorable Judiciary SJ-10



COMMITTEE REPORT

March 4, 1993

S. 417

Introduced by SENATORS McConnell and Rose

S. Printed 3/4/93--S.

Read the first time February 11, 1993.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 417), to amend the Code of Laws of South Carolina, 1976, by adding Section 22-3-745, 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, page 1, beginning on line 19, by striking SECTION 1 in its entirety and inserting therein the following:

/SECTION 1. The 1976 Code is amended by adding:

"Section 22-3-735. Magistrates and municipal judges may dismiss criminal charges for lack of timely prosecution upon motion by either party provided that the prosecutor and defendant have been given ten days notice of the date, time, and location of trial."/

Amend title to conform.

Majority favorable. Minority unfavorable.

GLENN F. McCONNELL DONALD H. HOLLAND

For Majority. For Minority.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-745 SO AS TO AUTHORIZE MAGISTRATES TO DISMISS CRIMINAL CASES FOR LACK OF PROSECUTION.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 22-3-745. Magistrates may dismiss criminal charges for lack of prosecution."

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

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