S 0613 General Bill, By Holland and Gregory
 A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO JURY AREAS FOR MAGISTRATES' COURTS ESTABLISHED IN LANCASTER
 COUNTY, SO AS TO PROVIDE FOR A COUNTYWIDE JURY AREA AND A CENTRALIZED
 MAGISTRATE'S COURT AND TO ADD A MAGISTRATE TO SERVE AS THE MAGISTRATE OF THE
 CENTRALIZED MAGISTRATE'S COURT.

   04/02/97  Senate Introduced, read first time, placed on calendar
                     without reference SJ-7
   04/02/97  Senate Unanimous consent for second reading on next
                     legislative day SJ-7
   04/02/97  Senate Unanimous consent for third reading on next
                     legislative day SJ-7
   04/03/97  Senate Read second time SJ-12
   04/04/97  Senate Read third time and sent to House SJ-77
   04/08/97  House  Introduced and read first time HJ-5
   04/08/97  House  Referred to delegation from Lancaster HJ-5

INTRODUCED

April 2, 1997

S. 613

S. Printed 4/2/97--S.

Read the first time April 2, 1997.

TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS ESTABLISHED IN LANCASTER COUNTY, SO AS TO PROVIDE FOR A COUNTYWIDE JURY AREA AND A CENTRALIZED MAGISTRATE'S COURT AND TO ADD A MAGISTRATE TO SERVE AS THE MAGISTRATE OF THE CENTRALIZED MAGISTRATE'S COURT.

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

SECTION 1. Section 22-2-190(29) of the 1976 Code is amended to read:

"(29) Lancaster County

No. 1-Indian Land Township

No. 2-Waxhaw Township, Cane Creek Township, Cedar Creek Township

No. 3-Gills Creek Township, Pleasant Hill Township

No. 4-Kershaw Township, and the New Annexed Area from Kershaw

No. 5-Buford Township

One jury area countywide.

The magistrate's court system in Lancaster County must be so organized in order to provide for a centralized magistrate's court for the purpose of facilitating and expediting civil and criminal matters as hereinafter provided:

(A) The centralized magistrate's court has concurrent jurisdiction for civil and criminal matters with the existing magistrates of Lancaster County. A plaintiff in a civil matter has the right to bring an action in either the centralized 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 from the centralized 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 the centralized magistrate's court. This removal is accomplished by notification to the court of origin, and cause for removal need not be shown.

(B) The centralized magistrate's court has jurisdiction over any type or form of civil or criminal matter within a magistrate's jurisdiction including, but not limited to, any procedural or substantive matter or preliminary hearing or examination or bond or bail hearing.

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

(D) Upon the effective date of this act, a centralized magistrate's court must be established with offices located in the City of Lancaster.

(E) In addition to the existing magistrates of Lancaster County, one magistrate who shall serve as the magistrate of the centralized magistrate's court with offices located in the City of Lancaster and who is from the county at large without regard to residence must be appointed by the Governor with the advice and consent of the Senate."

SECTION 2. This act takes effect July 1, 1997.