H*4684(Rat #0464, Act #0394 of 2000)  General Bill, By Jennings
 A BILL TO AMEND SECTION 14-7-860, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO
 PERFORMS SUCH ESSENTIAL SERVICES FOR A BUSINESS, COMMERCIAL, OR AGRICULTURAL
 ENTERPRISE THAT IT WOULD CEASE TO FUNCTION IF THE PERSON WAS REQUIRED TO
 PERFORM JURY DUTY MAY BE EXCUSED OR TRANSFERRED TO ANOTHER TERM OF COURT BY
 THE PRESIDING JUDGE; TO AMEND SECTION 14-25-15, RELATING TO THE APPOINTMENT OF
 MUNICIPAL JUDGES, SO AS TO PROVIDE THE MUNICIPAL COUNCIL MUST NOTIFY COURT
 ADMINISTRATION OF THE APPOINTEES' NAMES, TO PROVIDE FOR TRAINING PROGRAMS,
 CERTIFICATION, AND RECERTIFICATION EXAMS FOR MUNICIPAL JUDGES BASED ON
 STANDARDS ESTABLISHED BY THE SUPREME COURT, TO PROVIDE THE CHIEF JUSTICE OF
 THE SUPREME COURT SHALL ESTABLISH GUIDELINES TO EXEMPT MUNICIPAL JUDGES FROM
 THESE REQUIREMENTS BASED UPON EXPERIENCE OR EDUCATION FACTORS, TO ESTABLISH A
 SCHEDULE FOR PASSING THE EXAMINATION DEPENDING ON THE COUNTY OF RESIDENCE AND
 THE DATE APPOINTED AS JUDGE, TO PROVIDE FOR TAKING A RECERTIFICATION
 EXAMINATION EVERY EIGHT YEARS, TO PROVIDE A VACANCY IN THE OFFICE EXISTS IF A
 MUNICIPAL JUDGE FAILS TO COMPLY WITH THESE REQUIREMENTS, TO PROVIDE A
 CONTINUING EDUCATION PROGRAM FOR MUNICIPAL JUDGES AS ESTABL

   02/24/00  House  Introduced and read first time HJ-11
   02/24/00  House  Referred to Committee on Judiciary HJ-11
   03/29/00  House  Committee report: Favorable Judiciary HJ-5
   04/04/00  House  Read second time HJ-17
   04/05/00  House  Read third time and sent to Senate HJ-18
   04/06/00  Senate Introduced and read first time SJ-13
   04/06/00  Senate Referred to Committee on Judiciary SJ-13
   05/24/00  Senate Committee report: Favorable with amendment
                     Judiciary SJ-16
   05/25/00  Senate Amended SJ-85
   05/25/00  Senate Read second time SJ-85
   05/25/00  Senate Ordered to third reading with notice of
                     amendments SJ-85
   05/30/00  Senate Amended SJ-51
   05/30/00  Senate Read third time and returned to House with
                     amendments SJ-51
   05/31/00  House  Senate amendment amended HJ-57
   05/31/00  House  Returned to Senate with amendments HJ-61
   06/01/00  Senate Non-concurrence in House amendment SJ-24
   06/01/00  House  House insists upon amendment and conference
                     committee appointed Reps. Jennings, Maddox and
                     Klauber HJ-41
   06/01/00  Senate Conference committee appointed Sens. Holland,
                     Rankin, Alexander SJ-24
   06/21/00  House  Free conference powers granted HJ-18
   06/21/00  House  Free conference committee appointed Reps.
                     Jennings, Maddox and Klauber HJ-19
   06/21/00  House  Free conference report received and adopted HJ-19
   06/21/00  Senate Free conference powers granted SJ-43
   06/21/00  Senate Free conference committee appointed Sens.
                     Holland, Rankin, Alexander SJ-43
   06/21/00  Senate Free conference report received and adopted SJ-43
   06/21/00  Senate Ordered enrolled for ratification SJ-43
   06/22/00         Ratified R 464
   08/04/00         Signed By Governor
   08/22/00         Effective date 08/04/00
   08/22/00         Copies available
   08/22/00         Act No. 394

AN ACT TO AMEND SECTION 14-7-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO PERFORMS SUCH ESSENTIAL SERVICES FOR A BUSINESS, COMMERCIAL, OR AGRICULTURAL ENTERPRISE THAT IT WOULD CEASE TO FUNCTION IF THE PERSON WAS REQUIRED TO PERFORM JURY DUTY MAY BE EXCUSED OR TRANSFERRED TO ANOTHER TERM OF COURT BY THE PRESIDING JUDGE; TO AMEND SECTION 14-25-15, RELATING TO THE APPOINTMENT OF MUNICIPAL JUDGES, SO AS TO PROVIDE THE MUNICIPAL COUNCIL MUST NOTIFY COURT ADMINISTRATION OF THE APPOINTEES' NAMES, TO PROVIDE FOR TRAINING PROGRAMS, CERTIFICATION, AND RECERTIFICATION EXAMS FOR MUNICIPAL JUDGES BASED ON STANDARDS ESTABLISHED BY THE SUPREME COURT, TO PROVIDE THE CHIEF JUSTICE OF THE SUPREME COURT SHALL ESTABLISH GUIDELINES TO EXEMPT MUNICIPAL JUDGES FROM THESE REQUIREMENTS BASED UPON EXPERIENCE OR EDUCATION FACTORS, TO ESTABLISH A SCHEDULE FOR PASSING THE EXAMINATION DEPENDING ON THE COUNTY OF RESIDENCE AND THE DATE APPOINTED AS JUDGE, TO PROVIDE FOR TAKING A RECERTIFICATION EXAMINATION EVERY EIGHT YEARS, TO PROVIDE A VACANCY IN THE OFFICE EXISTS IF A MUNICIPAL JUDGE FAILS TO COMPLY WITH THESE REQUIREMENTS, TO PROVIDE A CONTINUING EDUCATION PROGRAM FOR MUNICIPAL JUDGES AS ESTABLISHED BY THE SUPREME COURT, AND TO PROVIDE THE CHIEF JUSTICE OF THE SUPREME COURT SHALL ESTABLISH GUIDELINES TO EXEMPT MUNICIPAL JUDGES FROM ATTENDING CONTINUING EDUCATION PROGRAMS BASED UPON EXPERIENCE OR EDUCATION FACTORS; TO AMEND SECTION 14-25-115, RELATING TO THE OFFICE OF MINISTERIAL RECORDER, SO AS TO AUTHORIZE THE RECORDER TO SET AND ACCEPT BOND; TO ADD SECTION 14-25-180, SO AS TO PROVIDE THAT A PERSON WHO PERFORMS SUCH ESSENTIAL SERVICES TO A BUSINESS, COMMERCIAL, OR AGRICULTURAL ENTERPRISE THAT IT WOULD CEASE TO FUNCTION IF THE PERSON WAS REQUIRED TO PERFORM JURY DUTY MAY BE EXCUSED BY THE MUNICIPAL JUDGE; TO ADD SECTION 17-9-15, SO AS TO PROVIDE FOR THE EXTRADITION OF A PERSON WHO IS CHARGED IN THE REQUESTING STATE WITH COMMITTING AN ACT IN THIS STATE OR A THIRD STATE WHICH INTENTIONALLY RESULTED IN COMMITTING AN OFFENSE IN THE REQUESTING STATE; TO ADD SECTION 17-23-162, SO AS TO PROVIDE THAT THE AFFIANT LISTED ON THE ARREST WARRANT OR THE CHIEF INVESTIGATING OFFICER MUST BE PRESENT TO TESTIFY AT THE PRELIMINARY HEARING OF THE PERSON ARRESTED PURSUANT TO THE WARRANT; AND TO ADD SECTION 22-2-135, SO AS TO PROVIDE THAT A PERSON WHO PERFORMS SUCH ESSENTIAL SERVICES FOR A BUSINESS, COMMERCIAL, OR AGRICULTURAL ENTERPRISE THAT IT WOULD CEASE TO FUNCTION IF THE PERSON WAS REQUIRED TO PERFORM JURY DUTY MAY BE EXCUSED BY THE MAGISTRATE.

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

Essential service to business excuse

SECTION 1. Section 14-7-860 of the 1976 Code is amended to read:

"Section 14-7-860. The presiding judge for cause shown may excuse anyone from jury duty at any term of court if he considers it advisable. But no juror who has been drawn to serve at any term of the court may be excused except for good and sufficient cause, which, together with his application, must be filed in the office of the clerk of the court and remain on record. Any woman having a child under seven years of age of whom she has legal custody and the duty of care, who desires to be excused from jury duty, shall furnish an affidavit to the clerk of court stating that she is unable to provide adequate care for the child while performing jury duty and shall be excused from such duty. The provisions of Section 14-7-870 shall not apply to any such woman juror. Upon furnishing an affidavit to the clerk of court requesting to be excused from jury duty, a person either may be excused or transferred to another term of court by the presiding judge if the person performs services for a business, commercial, or agricultural enterprise, and the person's services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty.

Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one thousand dollars or imprisoned for a term not to exceed thirty days, or both."

Municipal judge training program, certification examination, mandatory continuing education

SECTION 2. Section 14-25-15 of the 1976 Code is amended to read:

"Section 14-25-15. (A) Each municipal judge shall be appointed by the council to serve for a term set by the council not to exceed four years and until his successor is appointed and qualified. His compensation shall be fixed by the council.

(B) The council shall notify South Carolina Court Administration of any persons appointed or reappointed as municipal judges.

(C) Before entering upon the discharge of the duties of his office, each judge shall take and subscribe the oath of office prescribed by Article VI, Section 5 of the South Carolina Constitution.

(D) Notwithstanding any other provision of law relating to the terms and qualifications of municipal judges:

(1) All municipal judges shall complete a training program or pass certification or recertification examinations, or both, pursuant to standards established by the Supreme Court of South Carolina. The examination must be offered at least three times each year. The Chief Justice of the Supreme Court shall establish guidelines for exempting municipal judges from taking an examination based upon experience or education factors.

(a) Municipal judges appointed for the first time on or after the effective date of this act shall complete the training program and pass the certification examination within one year after taking office, or before April 30, 2001, whichever is later.

(b) Municipal judges serving in the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg, as of the effective date of this section, shall pass a certification examination before April 30, 2001.

(c) Municipal judges serving in the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York, as of the effective date of this section, shall pass a certification examination before April 30, 2002.

(d) Every municipal judge shall pass a recertification examination within eight years after passing the initial certification examination and at least once every eight years thereafter.

(2) If any municipal judge does not comply with these training or examination requirements, his office is declared vacant on the date the time expires or when he is notified, as provided in subsection (E), whichever is earlier.

(E) Upon written notification of the Supreme Court or its designee to the affected municipal judge and the council of the failure of the municipal judge to complete the training program or pass the certification examination required pursuant to subsection (D), the municipal judge's office is declared vacant, the municipal judge does not hold over, and the council shall appoint a successor, as provided in Section 14-25-25; however, the council shall not reappoint the current municipal judge who failed to complete the training program or pass the certification examination required pursuant to subsection (D) to a new term or to fill the vacancy in the existing term.

(F) No municipal judge who is admitted to practice in the courts of this State shall practice law in the municipal court for which he is appointed.

(G) All municipal judges shall attend annually the number of approved continuing education hours in criminal law and subject areas related to municipal judges' duties which are required by the Supreme Court of South Carolina. The Chief Justice of the Supreme Court shall establish guidelines for exempting municipal judges from the continuing education hours required by this section based upon experience or education factors."

Recorders' power to set and accept bond

SECTION 3. Section 14-25-115 of the 1976 Code is amended to read:

"Section 14-25-115. The council of a municipality may establish the office of ministerial recorder and appoint one or more full-time or part-time ministerial recorders, who shall hold office at the pleasure of the council. Before entering upon the discharge of the duties of the office of ministerial recorder, the person appointed shall take and subscribe the prescribed oath of office and shall be certified by the municipal judge as having been instructed in the proper method of issuing warrants and setting and accepting bonds and recognizances. Ministerial recorders shall have the power to set and accept bonds and recognizances and to issue summonses, subpoenas, arrest warrants, and search warrants in all cases arising under the ordinances of the municipality, and in criminal cases as are now conferred by law upon magistrates. Ministerial recorders shall have no other judicial authority."

Essential service to business excuse

SECTION 4. The 1976 Code is amended by adding:

"Section 14-25-180. Upon furnishing an affidavit to the clerk of court requesting to be excused from jury duty, a person either may be excused or transferred to another term of court by the municipal judge if the person performs services for a business, commercial, or agricultural enterprise, and the person's services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty."

Extradition to requesting state for crime, committed in another state, which is offense in requesting state

SECTION 5. The 1976 Code is amended by adding:

"Section 17-9-15. Upon the demand of the executive authority of another state, known as the requesting state, the Governor of this State may surrender a person in this State who is charged in the requesting state with committing an act in this State or a third state which intentionally resulted in committing an offense in the requesting state. The person must be charged in the requesting state in the manner set forth in Section 17-9-10; provided, however, the person need not have been in the requesting state at the time of the commission of the crime in that state and need not have fled from that state. However, the provisions of this chapter not otherwise inconsistent with this section apply to the case."

Present to testify

SECTION 6. The 1976 Code is amended by adding:

"Section 17-23-162. The affiant listed on an arrest warrant or the chief investigating officer for the case must be present to testify at the preliminary hearing of the person arrested pursuant to the warrant."

Essential service to business excuse

SECTION 7. The 1976 Code is amended by adding:

"Section 22-2-135. Upon furnishing an affidavit to the clerk of court requesting to be excused from jury duty, a person either may be excused or transferred to another term of court by the magistrate if the person performs services for a business, commercial, or agricultural enterprise, and the person's services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty."

Time effective

SECTION 8. This act takes effect upon approval by the Governor.

Ratified the 22nd day of June, 2000.

Approved the 4th day of August, 2000.