H 3342(Rat #0094)  General Bill, By Hart and King
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 17-15-175 SO AS TO PROVIDE THAT AFTER AN INITIAL APPEARANCE, A CIRCUIT COURT
 JUDGE MAY NOT ISSUE A BENCH WARRANT FOR FAILURE TO APPEAR UPON MOTION BY A
 SOLICITOR UNLESS THE SOLICITOR HAS POSTED CERTAIN NOTICE BEFORE THE BENCH
 WARRANT IS ISSUED AND TO PROVIDE AN EXCEPTION. - ratified title

   01/16/13  House  Introduced and read first time (House Journal-page 12)
   01/16/13  House  Referred to Committee on Judiciary
                     (House Journal-page 12)
   02/27/13  House  Committee report: Favorable with amendment
                     Judiciary (House Journal-page 81)
   03/06/13  House  Member(s) request name added as sponsor: King
   03/06/13  House  Amended (House Journal-page 54)
   03/06/13  House  Read second time (House Journal-page 54)
   03/06/13  House  Roll call Yeas-116  Nays-0 (House Journal-page 55)
   03/07/13  House  Read third time and sent to Senate
                     (House Journal-page 22)
   03/07/13  Senate Introduced and read first time (Senate Journal-page 11)
   03/07/13  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 11)
   04/12/13  Senate Referred to Subcommittee: Hutto (ch), Corbin, Young
   05/29/13  Senate Committee report: Favorable with amendment Judiciary
   06/04/13  Senate Committee Amendment Adopted (Senate Journal-page 134)
   06/05/13  Senate Amended (Senate Journal-page 39)
   06/05/13  Senate Read second time (Senate Journal-page 39)
   06/05/13  Senate Roll call Ayes-43  Nays-0 (Senate Journal-page 39)
   06/06/13  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 175)
   06/06/13  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 79)
   06/06/13  House  Roll call Yeas-81  Nays-0 (House Journal-page 79)
   06/11/13         Ratified R 94
   06/17/13         Vetoed by Governor
   06/26/13  House  Debate adjourned on veto consideration
   01/15/14  House  Debate adjourned on veto consideration until
                     Wed., 1-22-14 (House Journal-page 41)
   01/22/14  House  Debate adjourned on veto consideration until
                     Wed., 1-23-14 (House Journal-page 22)
   01/23/14  House  Veto sustained Yeas-39  Nays-67 (House Journal-page 17)

H. 3342

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.

(R94, H3342)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-175 SO AS TO PROVIDE THAT AFTER AN INITIAL APPEARANCE, A CIRCUIT COURT JUDGE MAY NOT ISSUE A BENCH WARRANT FOR FAILURE TO APPEAR UPON MOTION BY A SOLICITOR UNLESS THE SOLICITOR HAS POSTED CERTAIN NOTICE BEFORE THE BENCH WARRANT IS ISSUED AND TO PROVIDE AN EXCEPTION.

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

Bench warrants for failure to appear, requirements

SECTION    1.    Chapter 15, Title 17 of the 1976 Code is amended by adding:

"Section 17-15-175.    After an initial appearance, a circuit court judge may not issue a general sessions court bench warrant for failure to appear in court upon motion by a solicitor, unless the solicitor has conspicuously posted a list of potential bench warrants at the appropriate courthouse and on the solicitor's Internet website at least forty-eight hours before the bench warrant is requested. This section does not apply if the presiding judge sua sponte issues the bench warrant for failure to appear or the person has been personally served with an appearance date."

Savings clause

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 11th day of June, 2013.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2013.

___________________________________________

Governor