H*2538 Session 104 (1981-1982)
H*2538(Rat #0238, Act #0167 of 1981) General Bill, By Sheheen
A Bill to amend Section 22-1-70, Code of Laws of South Carolina, 1976,
relating to the disposition of fines and penalties imposed and collected by
magistrates in criminal cases, so as to provide that a portion of the fines
and penalties imposed and collected by a magistrate presiding over a Municipal
Court shall be turned over to the Treasurer of the municipality under the
conditions of a contractual agreement between the county governing body and
the municipality; to amend Section 56-5-2990, relating to the suspension of
the driver's license of anyone convicted of driving under the influence, so as
to decrease from ten to five years the period used to determine prior
violations and to amend Section 21-19-40, relating to bonds of guardians, so
as to provide that the Judge of Probate may waive the bond requirement when it
appears that funds are secure.-at
03/11/81 House Introduced and read first time HJ-1091
03/11/81 House Referred to Committee on Judiciary HJ-1092
05/06/81 House Committee report: Favorable Judiciary HJ-2216
05/07/81 House Read second time HJ-2286
05/12/81 House Read third time and sent to Senate HJ-2321
05/12/81 Senate Introduced and read first time SJ-24
05/12/81 Senate Referred to Committee on Judiciary SJ-24
06/10/81 Senate Committee report: Favorable Judiciary
06/16/81 Senate Read second time SJ-19
07/16/81 Senate Amended SJ-15
07/16/81 Senate Read third time SJ-15
07/16/81 Senate Returned SJ-15
07/16/81 Senate Recalled from House SJ-30
07/16/81 House Returned HJ-3968
07/16/81 Senate Reconsidered SJ-36
07/16/81 Senate Read third time SJ-36
07/16/81 Senate Returned SJ-36
07/16/81 House Concurred in Senate amendment and enrolled HJ-3968
07/22/81 House Ratified R 238 HJ-4044
07/23/81 Signed By Governor
07/23/81 Effective date 07/23/81
07/23/81 Act No. 167
07/28/81 Copies available
(A167, R238, H2538)
AN ACT TO AMEND SECTION 22-1-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO THE DISPOSITION OF FINES AND PENALTIES IMPOSED AND COLLECTED BY MAGISTRATES
IN CRIMINAL CASES, SO AS TO PROVIDE THAT A PORTION OF THE FINES AND PENALTIES
IMPOSED AND COLLECTED BY A MAGISTRATE PRESIDING OVER A MUNICIPAL COURT SHALL BE
TURNED OVER TO THE TREASURER OF THE MUNICIPALITY UNDER THE CONDITIONS OF A
CONTRACTUAL AGREEMENT BETWEEN THE COUNTY GOVERNING BODY AND THE MUNICIPALITY; TO
AMEND SECTION 56-5-2990, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF
ANYONE CONVICTED OF DRIVING UNDER THE INFLUENCE, SO AS TO DECREASE FROM TEN TO
FIVE YEARS THE PERIOD USED TO DETERMINE PRIOR VIOLATIONS AND TO AMEND SECTION 21-19-40, RELATING TO BONDS OF GUARDIANS, SO AS TO PROVIDE THAT THE JUDGE OF PROBATE
MAY WAIVE THE BOND REQUIREMENT WHEN IT APPEARS THAT FUNDS ARE SECURE.
Be it enacted by the General Assembly of the State of South Carolina:
Fines turned over to treasurers
Section 1. Section 22-1-70 of the 1976 Code is amended to read:
"Section 22-1-70. All fines and penalties imposed and collected by
magistrates in criminal cases must be forthwith turned over by them to the county
treasurers of their respective counties for county purposes; provided, that when
a magistrate presides over a municipal court under contract between the
municipality and the county governing body as authorized by Section 14-25-25, a
portion of such fines and penalties imposed and collected shall be turned over
to the treasurer of the municipality under the provisions of the contract
between the municipality and the county governing body which shall specify the
portion to be turned over to the treasurer of the municipality. But when, by law
any person is entitled, as informer, to any portion of such fine or penalty, such
portion shall be immediately paid over to him. If any magistrate shall neglect
or refuse to pay over all fines and penalties collected by him in any criminal
cause or proceeding he shall, on conviction thereof, be subject to a fine of not
less than one hundred nor more than one thousand dollars and imprisonment for not
less than three nor more than six months and shall be dismissed from
office."
Department to suspend driver's license
Section 2. Section 56-5-2990 of the 1976 Code is amended by striking
"ten" on line three from the bottom and inserting "five" so
when amended the section shall read:
"Section 56-5-2990. The Department shall suspend the driver's license of
any person who is convicted, receives sentence upon a plea of guilty or of nolo
contendere or forfeits bail posted for the violation of Section 56-5-2930 or for
the violation of any other law or ordinance of this State or of any municipality
of this State that prohibits any person from operating a motor vehicle while
under the influence of intoxicating liquor, drugs or narcotics for a period of
six months for the first conviction, plea of guilty or of nolo contendere or
forfeiture of bail , a period of one year for the second conviction, plea of
guilty or of nolo contendere or forfeiture of bail , a period of two years for the
third and each subsequent conviction, plea of guilty or of nolo contendere or
forfeiture of bail. Only those violations which occurred within a period of five
years including and immediately preceding the date of the last violation shall
constitute prior violations within the meaning of this section."
Guardian to enter bond
Section 3. Section 21-19-40 of the 1976 Code is amended by adding at the end:
"Provided, that the judge of probate may waive the bond requirement when it
appears that he funds are secure." so that when amended the section shall
read:
"Section 21-19-40. The judge of probate, on appointing a guardian to any
estate, shall require him to enter into bond to himself and his successors in a
penalty of double the amount of such estate and shall have the same power to
receive the sureties of a guardian that is given to him in the case of relieving
the sureties of an administrator. When the surety on any such bond is a
corporate surety authorized and licensed to do business in this State, such bond,
in the discretion of the probate court, need only be in a penalty of one and one-half times the amount of the estate. Provided, that the judge of probate may
waive the bond requirement when it appears that the funds are secure."
Time effective
Section 4. This act shall take effect upon approval by the Governor. |