S 0690 General Bill, By Thomas
 A Bill to amend Section 22-3-540, Code of Laws of South Carolina, 1976,
 relating to a magistrate's court's exclusive and concurrent jurisdiction, so
 as to provide the magistrate's court concurrent jurisdiction over second and
 subsequent offense proceedings for driving while a person is under the
 unlawful influence of narcotics, liquor, drugs, or other substances, and
 driving while a person's driver's license is canceled, suspended, or revoked.

   03/30/95  Senate Introduced and read first time SJ-13
   03/30/95  Senate Referred to Committee on Judiciary SJ-13

A BILL

TO AMEND SECTION 22-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S COURT'S EXCLUSIVE AND CONCURRENT JURISDICTION, SO AS TO PROVIDE THE MAGISTRATE'S COURT CONCURRENT JURISDICTION OVER SECOND AND SUBSEQUENT OFFENSE PROCEEDINGS FOR DRIVING WHILE A PERSON IS UNDER THE UNLAWFUL INFLUENCE OF NARCOTICS, LIQUOR, DRUGS, OR OTHER SUBSTANCES, AND DRIVING WHILE A PERSON'S DRIVER'S LICENSE IS CANCELED, SUSPENDED, OR REVOKED.

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. (A) Magistrates shall have A magistrate has exclusive jurisdiction of all criminal cases in which the punishment does not exceed a fine of one hundred dollars or imprisonment for thirty days, 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. Magistrates also have concurrent jurisdiction over a:

(1) second and subsequent offense of driving under the influence of liquor, drugs, or similar substances pursuant to Sections 56-5-2930 and 56-5-2940(2), (3), and (4); and

(2) second or subsequent offense or violation of driving while a person's driver's license is canceled, suspended, or revoked pursuant to Section 56-1-460.

(B) 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. This act takes effect upon approval by the Governor.