S*0572(Rat #0241, Act #0202 of 1985)  General Bill, By McConnell, 
W.E. Applegate, H.U. Fielding, P.B. McLeod and Ravenel
 A Bill to amend Act 110 of 1981, as amended, relating to, among other things,
 jury areas for magistrates' courts in the various counties of this State, so
 as to provide for both civil and criminal jurisdiction for the centralized
 magistrates' courts in Charleston County, and require the establishment of a
 third centralized court in Charleston County, including the appointment of a
 magistrate from that county at large without regard to residence in a
 particular jury area.

   04/23/85  Senate  Intd. & placed on loc. & uncontested cal. w/o
                     referenc SJ-1714
   04/24/85  Senate Read second time SJ-1742
   04/25/85  Senate Read third time and sent to House SJ-1773
   04/30/85  House  Introduced and read first time HJ-2739
   04/30/85  House  Referred to Committee on Judiciary HJ-2740
   05/15/85  House  Committee report: Favorable Judiciary HJ-3191
   05/16/85  House  Read second time HJ-3253
   05/16/85  House  Reconsidered HJ-3254
   05/16/85  House  Referred to delegation from Charleston HJ-3255
   06/05/85  House  Delegation report: Favorable Charleston HJ-3931
   06/05/85  House  Read second time HJ-3931
   06/06/85  House  Read third time and enrolled HJ-4010
   06/18/85         Ratified R 241
   06/24/85         Vetoed by Governor
   06/26/85  Senate Veto overridden by originating body Yeas-043 
                     Nays-001 SJ-3034
   06/26/85  House  Veto overridden Yeas-076  Nays-000 HJ-4242
   06/26/85         Effective date 06/26/85
   06/26/85         Act No. 202
   07/10/85         Copies available

AN ACT TO AMEND ACT 110 OF 1981, AS AMENDED, RELATING TO, AMONG OTHER THINGS, JURY AREAS FOR MAGISTRATES' COURTS IN THE VARIOUS COUNTIES OF THIS STATE, SO AS TO PROVIDE FOR BOTH CIVIL AND CRIMINAL JURISDICTION FOR THE CENTRALIZED MAGISTRATES' COURTS IN CHARLESTON COUNTY, AND REQUIRE THE ESTABLISHMENT OF A THIRD CENTRALIZED COURT IN CHARLESTON COUNTY, INCLUDING THE APPOINTMENT OF A MAGISTRATE FROM THAT COUNTY AT LARGE WITHOUT REGARD TO RESIDENCE IN A PARTICULAR JURY AREA.

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

Centralized system in Charleston County

SECTION 1. The last paragraph of item (10) of Section 1 of Act 110 of 1981, as last amended by Act 399 of 1982, is further amended to read:

"The magistrate system in Charleston County must be so organized in order to provide for centralized magistrates' courts for the purpose of facilitating and expediting civil and criminal matters as hereinafter provided:

(A) The centralized magistrates' courts have concurrent jurisdiction for civil and criminal matters with the existing magistrates of Charleston County. Plaintiffs in civil matters have the right to commence a case in either a central magistrate's court or in a magistrate's court within a defined jury area. The defendant in a magisterial civil matter may remove the case either from a central magistrate's court to the defined jury area in which the defendant resides or the defendant may remove the case from the defined jury area in which he resides to a central magistrate's court. This removal must be by notification to the court of origin and no cause for removal must be shown.

(B) The centralized magistrates' courts have jurisdiction over any type or form of civil or criminal matter, including any procedural or substantive matter or preliminary hearing or examination or bond or bail hearing or any other criminal proceeding.

(C) The fees and charges for the central magistrates' courts are the same as those prevailing in all magistrates' courts whether central or in a defined jury area.

(D) Upon the effective date of this paragraph a central magistrate's court must be established in the city of Charleston.

(E) Six months after the effective date of this paragraph a central magistrate's court must be established in the city of North Charleston. However, if the central magistrate's court in the city of North Charleston is not funded and established as required by this item (E), then the central magistrate's court in the city of Charleston established pursuant to item (D) must cease to exist until the time the central magistrate's court in the city of North Charleston is so funded and established.

(F) A third central magistrate's court must be established at the time and in the location which a majority of the members of the General Assembly residing in Charleston County determines. In addition to those magistrates assigned to the seven jury areas, there must be appointed one magistrate from the county at large without regard to residence in a particular jury area who must serve as the magistrate of the central magistrate's court in the city of Charleston. Six months after the effective date of this paragraph a second magistrate must be appointed from the county at large without regard to residence in a particular jury area who must serve as the magistrate of the central magistrate's court in the city of North Charleston. A third magistrate must also be appointed at the time as provided in item (F) from the county at large without regard to residence in a particular jury area who, when appointed, must serve as the magistrate of the central magistrate's court established pursuant to item (F)."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.