S 436 Session 109 (1991-1992)
S 0436 General Bill, By M.T. Rose
A Bill to amend Sections 22-3-540 and 22-3-550, Code of Law of South Carolina,
1976, relating to magistrates, so as to increase their criminal jurisdiction
from a fine of not exceeding one hundred dollars or imprisonment for not more
than thirty days to a fine of not more than one thousand dollars or
imprisonment for not more than forty-five day, or both, and to provide that
this jurisdiction can exceed these limits where authorized.
01/09/91 Senate Introduced and read first time SJ-27
01/09/91 Senate Referred to Committee on Judiciary SJ-27
A BILL
TO AMEND SECTIONS 22-3-540 AND 22-3-550, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES, SO
AS TO INCREASE THEIR CRIMINAL JURISDICTION FROM A
FINE OF NOT EXCEEDING ONE HUNDRED DOLLARS OR
IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS TO A
FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR
IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE DAYS, OR
BOTH, AND TO PROVIDE THAT THIS JURISDICTION CAN
EXCEED THESE LIMITS WHERE AUTHORIZED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-3-540 of the 1976 Code is amended to read:
"Section 22-3-540. Magistrates shall have exclusive
jurisdiction of all criminal cases in which the punishment does not
exceed a fine of one hundred thousand dollars or
imprisonment for thirty forty-five days, or
both, except cases in which an offense within the jurisdiction of a
magistrate is included in the charge of an offense beyond his jurisdiction
or when it is permissible to join a charge of an offense within his
jurisdiction with one or more of which the magistrate has no jurisdiction
or where otherwise provided by law. Magistrates shall
have concurrent but not exclusive jurisdiction in the excepted cases.
The provisions of this section shall may not be
construed so as to limit the jurisdiction of any a
magistrate whose jurisdiction by state law has been extended
beyond that stated above for particular criminal offenses
with penalties exceeding these limits."
SECTION 2. Section 22-3-550 of the 1976 Code is amended to read:
"Section 22-3-550. Magistrates shall have jurisdiction
of all offenses which may be are subject to the penalties
of either fine or forfeiture not exceeding two hundred one
thousand dollars or imprisonment in the jail or workhouse
not exceeding thirty forty-five days, or both,
and may impose any a sentence within those limits,
singly or in the alternative. The provisions of this section do not
limit the jurisdiction of a magistrate whose jurisdiction has been
provided by another provision of state law for particular criminal
offenses with penalties exceeding the limits provided in this
section."
SECTION 3. This act takes effect upon approval by the Governor.
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