H 4384 General Bill, By Wilkes, R.S. Corning, J.L.M. Cromer and J.H. Hodges
 A Bill to amend Section 22-3-540, Code of Laws of South Carolina, 1976,
 relating to exclusive and concurrent jurisdiction of magistrates, so as to
 increase the exclusive jurisdiction; and to amend Section 22-3-550, as
 amended, relating to magistrate jurisdiction in minor offenses, so as to
 provide that the magistrate may impose a combination of fine and imprisonment;
 and to amend Section 22-3-950, relating to magistrate's power to punish
 contempt, so as to provide punishment up to the limits of the court's
 jurisdiction.

   12/15/93  House  Prefiled
   12/15/93  House  Referred to Committee on Judiciary
   01/11/94  House  Introduced and read first time HJ-38
   01/11/94  House  Referred to Committee on Judiciary HJ-38

A BILL

TO AMEND SECTION 22-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIVE AND CONCURRENT JURISDICTION OF MAGISTRATES, SO AS TO INCREASE THE EXCLUSIVE JURISDICTION; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO MAGISTRATE JURISDICTION IN MINOR OFFENSES, SO AS TO PROVIDE THAT THE MAGISTRATE MAY IMPOSE A COMBINATION OF FINE AND IMPRISONMENT; AND TO AMEND SECTION 22-3-950, RELATING TO MAGISTRATE'S POWER TO PUNISH CONTEMPT, SO AS TO PROVIDE PUNISHMENT UP TO THE LIMITS OF THE COURT'S JURISDICTION.

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 five hundred dollars or imprisonment for thirty days, or both fine and imprisonment, except:

(1) cases in which an offense within the jurisdiction of a magistrate is included in the charge of an offense beyond his jurisdiction; or

(2) 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 must not be construed so as to limit the jurisdiction of any a magistrate whose jurisdiction has been extended beyond that stated above."

SECTION 2. Section 22-3-550 of the 1976 Code, as last amended by Section 261, Act 184 of 1993, is further amended to read:

"Section 22-3-550. Magistrates have jurisdiction of all offenses which may be subject to the penalties of either fine or forfeiture not exceeding five hundred dollars or imprisonment in the jail or workhouse not exceeding thirty days and may impose any sentence within those limits, singly, or in the alternative, or a combination of both. In addition, a magistrate may order restitution he considers appropriate."

SECTION 3. Section 22-3-950 of the 1976 Code is amended to read:

"Section 22-3-950. Every A magistrate shall have has the power to enforce the observance of decorum in his court while holding the same and for that purpose he. The magistrate may punish any a person who shall, in the presence of the court, offer offers an insult to the magistrate or a juror or who shall be is wilfully guilty of an undue disturbance of the proceedings before the magistrate while sitting officially, as for a contempt, by fine and imprisonment, either or both, not exceeding twenty dollars fine and twelve hours imprisonment by imposition of sentences up to the limits of the court's jurisdiction."

SECTION 4. Upon approval by the Governor, this act applies to all offenses committed after June 30, 1994.