H*3179 Session 105 (1983-1984)
H*3179(Rat #0258, Act #0248 of 1983) General Bill, By J.G. McAbee
A Bill to provide for a special magistrate for McCormick County and to provide
for his term, jurisdiction, powers, authority, and duties and related matters.
07/15/83 House Introduced, read first time, placed on calendar
without reference HJ-3841
07/19/83 House Read second time HJ-3842
07/20/83 House Read third time and sent to Senate HJ-3905
07/20/83 Senate Intd. & placed on loc. & uncontested cal. w/o
referenc SJ-2272
07/22/83 Senate Read second time SJ-2275
07/26/83 Senate Read third time and enrolled SJ-2278
07/27/83 Ratified R 258
07/27/83 Signed By Governor
07/27/83 Effective date 07/27/83
07/27/83 Act No. 248
08/15/83 Copies available
(A248, R258, H3179)
AN ACT TO PROVIDE FOR A SPECIAL MAGISTRATE FOR MCCORMICK COUNTY AND TO
PROVIDE FOR HIS TERM, JURISDICTION, POWERS, AUTHORITY, AND DUTIES AND RELATED
MATTERS.
Be it enacted by the General Assembly of the State of South Carolina:
Special magistrate for McCormick County
SECTION 1. In addition to the magistrates of McCormick County provided by law, there shall be a special
magistrate for the county to serve a term coterminous with that of the chief magistrate of McCormick County
and until such special magistrate's successor is appointed and qualifies. The special magistrate shall have
countywide criminal jurisdiction and with respect thereto shall have the following powers and authority:
(1) To issue criminal warrants, including criminal warrants for search, seizure, and arrest;
(2) To approve and accept written bonds in criminal matters or in lieu of written bonds to approve and
accept cash bonds;
(3) To order the release of prisoners when proper and adequate bonds have been duly posted;
(4) To transfer any such warrant and written or cash bond to a magistrate having proper jurisdiction.
In addition to such criminal jurisdiction and such judicial powers and authority, the special magistrate shall
have and shall carry out such other duties as may be assigned him by the chief magistrate of the county.
The special magistrate may exercise such criminal jurisdiction and such judicial powers and authority only
when the chief magistrate of the county is unavailable. The special magistrate shall not permit the trial before
him of any cause but upon the approval and acceptance of an adequate bond he shall forthwith transfer the
cause, together with the bond and warrant, if any, to a magistrate having proper jurisdiction. The special
magistrate shall take the usual oath of office taken by other magistrates in the county and shall post a surety
bond in the sum of two thousand dollars with the clerk of court for McCormick County, the cost ofwhich shall
be paid by McCormick County.
Time effective
SECTION 2. This act shall take effect upon approval by the Governor. |