H 4039 General Bill, By Scott
 A Bill to amend Section 22-3-800, Code of Laws of South Carolina, 1976,
 relating to a magistrate's authority to suspend sentences in certain cases, so
 as to provide that up to one hundred hours of community service may be imposed
 where an amount is not provided otherwise.

   06/04/91  House  Introduced and read first time HJ-10
   06/04/91  House  Referred to Committee on Judiciary HJ-10

A BILL

TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO SUSPEND SENTENCES IN CERTAIN CASES, SO AS TO PROVIDE THAT UP TO ONE HUNDRED HOURS OF COMMUNITY SERVICE MAY BE IMPOSED WHERE AN AMOUNT IS NOT PROVIDED OTHERWISE.

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

SECTION 1. Section 22-3-800 of the 1976 Code is amended to read:

"Section 22-3-800. Notwithstanding the limitations of Sections 17-25-100 and 24-21-410, after a conviction or plea for any an offense within his jurisdiction any a magistrate may at the time of sentence may suspend the imposition or execution of a sentence upon such the terms and conditions as he may deem considers appropriate, including up to one hundred hours of community service except where the amount of community service is established otherwise, provided,. However, that after a conviction or plea for drawing and uttering a fraudulent check or other instrument in violation of Section 34-11-60 within his jurisdiction, he shall at the time of sentence he may suspend the imposition or execution of a sentence only upon a showing of satisfactory proof of restitution. Provided, further, When a minimum sentence is provided for by statute, except in Section 34-11-90, the magistrate shall may not have authority to suspend such that sentence below the minimum sentence so provided and, with regard to penalties under Title 50, such penalties shall may not be suspended to an amount less than twenty-five dollars unless the minimum penalty is a fine of less than that amount. Nothing in this section shall may be construed to authorize or empower any a magistrate to suspend any a specific suspension of any rights a right or privileges as privilege imposed under any a statutory administrative penalty. Nothing in this section shall may be construed as giving to give magistrates a magistrate the right to place any a person on probation."

SECTION 2. This act takes effect upon approval by the Governor.