H 3639 Session 109 (1991-1992)
H 3639 General Bill, By T.E. Huff and W.P. Keesley
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 two hundred dollars
or imprisonment for not more than thirty days, or both.
03/05/91 House Introduced and read first time HJ-10
03/05/91 House Referred to Committee on Judiciary HJ-10
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 TWO HUNDRED DOLLARS OR
IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS, OR
BOTH.
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 two hundred dollars or
imprisonment for thirty 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. 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 dollars or
imprisonment in the jail or workhouse not exceeding thirty
days, or both, and may impose any a sentence
within those limits, singly or in the alternative."
SECTION 3. This act takes effect upon approval by the Governor.
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