H 3802 General Bill, By J.H. Hodges
 A Bill to amend Sections 14-25-95, 14-25-105, 18-3-10, 18-3-60, 18-3-70, and
 22-3-760, Code of Laws of South Carolina, 1976, relating to cases in and
 appeals from magistrates' courts and municipal courts, so as to provide that
 these appeals must be to the Court of Common Pleas rather than to the Court of
 General Sessions.

   03/31/93  House  Introduced and read first time HJ-6
   03/31/93  House  Referred to Committee on Judiciary HJ-6
   05/05/93  House  Committee report: Favorable Judiciary HJ-23
   05/19/93  House  Read second time HJ-88
   05/20/93  House  Read third time and sent to Senate HJ-14
   05/25/93  Senate Introduced and read first time SJ-22
   05/25/93  Senate Referred to Committee on Judiciary SJ-22

COMMITTEE REPORT

May 5, 1993

H. 3802

S. Printed 5/5/93--H.

Read the first time March 31, 1993.

To whom was referred a Bill (H. 3802), to amend Sections 14-25-95, 14-25-105, 18-3-10, 18-3-60, 18-3-70, and 22-3-760, Code of Laws of South Carolina, 1976, relating to cases in and appeals from Magistrates' Courts, etc., respectfully

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

JAMES H. HODGES, for Committee.

A BILL

TO AMEND SECTIONS 14-25-95, 14-25-105, 18-3-10, 18-3-60, 18-3-70, AND 22-3-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CASES IN AND APPEALS FROM MAGISTRATES' COURTS AND MUNICIPAL COURTS, SO AS TO PROVIDE THAT THESE APPEALS MUST BE TO THE COURT OF COMMON PLEAS RATHER THAN TO THE COURT OF GENERAL SESSIONS.

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

SECTION 1. Section 14-25-95 of the 1976 Code is amended to read:

"Section 14-25-95. Any party shall have the right to appeal from the sentence or judgment of the municipal court to the Court of General Sessions Common Pleas of the county in which the trial is held. Notice of intention to appeal, setting forth the grounds for appeal, shall must be given in writing and served on the municipal judge or the clerk of the municipal court within ten days after sentence is passed or judgment rendered, or the appeal shall be deemed is considered waived. The party appealing shall enter into a bond, payable to the municipality, to appear and defend such the appeal at the next term of the Court of General Sessions Common Pleas or shall pay the fine assessed."

SECTION 2. Section 14-25-105 of the 1976 Code is amended to read:

"Section 14-25-105. In the event of an appeal, the municipal judge shall make a return to the Court of General Sessions Common Pleas, and the appeal shall must be heard by the presiding judge upon such the return. The return of the municipal judge shall consist of a written report of the charges preferred, the testimony, the proceedings, and the sentence or judgment. When the testimony has been taken by a reporter as provided herein, the return shall include the reporter's transcript of the testimony. The return shall must be filed with the Clerk of the Court of General Sessions Common Pleas of the county in which the trial was held and the cause shall must be docketed for trial in the same manner as is now provided for appeals from magistrate's courts placed on the motion calendar for the Court of Common Pleas. There shall be no trial de novo on any appeal from a municipal court."

SECTION 3. Section 18-3-10 of the 1976 Code is amended to read:

"Section 18-3-10. Every person convicted before a magistrate of any offense whatever and sentenced may appeal from the sentence to the next term of the court of general sessions Court of Common Pleas for the county;. provided, that in any county in which there is a county court, appeals in such cases shall be to the county court for the county."

SECTION 4. Section 18-3-60 of the 1976 Code is amended to read:

"Section 18-3-60. The clerk of court, upon receipt of the case, shall place it upon the proper docket of the court of general sessions for trial or other disposition at the next ensuing term of court the motion calendar of the court of common pleas."

SECTION 5. Section 18-3-70 of the 1976 Code is amended to read:

"Section 18-3-70. The appeal shall must be heard by the court of common pleas general sessions upon the grounds of exceptions made and upon the papers required under this chapter, without the examination of witnesses in such that court. And the court may either confirm the sentence appealed from, reverse or modify it, or grant a new trial, as to the court may seem meet and conformable to law."

SECTION 6. Section 22-3-760 of the 1976 Code is amended to read:

"Section 22-3-760. After such the service the magistrate shall proceed with the trial as in criminal cases and if such the defendant corporation shall be is found guilty of the offense charged, whether by a verdict of a jury or by the findings of the magistrate in case a trial by jury be waived by the defendant, the magistrate shall pronounce sentence in conformity with the law in such the case and such the sentence may be enforced by an execution against the property of such the defendant corporation in the same manner as now provided by law for enforcing the judgments of magistrates' courts; provided, that nothing herein shall may be construed to prevent the right of appeal by either party to the court of general sessions common pleas, as is now provided by law in criminal cases within the jurisdiction of magistrates."

SECTION 7. This act takes effect upon approval by the Governor.