H*3048 Session 109 (1991-1992)
H*3048(Rat #0368, Act #0328 of 1992) General Bill, By H.H. Keyserling
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
56-7-80 so as to provide for a uniform summons for counties and municipalities
and to provide a penalty for failure to appear in court after a summons has
been issued.-amended title
12/12/90 House Prefiled
12/12/90 House Referred to Committee on Judiciary
01/08/91 House Introduced and read first time HJ-51
01/08/91 House Referred to Committee on Judiciary HJ-51
02/13/91 House Committee report: Favorable with amendment
Judiciary HJ-7
02/19/91 House Amended HJ-19
02/19/91 House Read second time HJ-19
02/20/91 House Read third time and sent to Senate HJ-26
02/21/91 Senate Introduced and read first time SJ-6
02/21/91 Senate Referred to Committee on Transportation SJ-7
04/09/91 Senate Committee report: Favorable Transportation SJ-22
04/16/91 Senate Read second time SJ-25
04/16/91 Senate Ordered to third reading with notice of
amendments SJ-25
04/17/91 Senate Committed to Committee on Judiciary SJ-24
03/25/92 Senate Committee report: Favorable with amendment
Judiciary SJ-9
03/31/92 Senate Amended SJ-42
03/31/92 Senate Read third time and returned to House with
amendments SJ-43
04/02/92 House Concurred in Senate amendment and enrolled HJ-45
04/07/92 Ratified R 368
04/10/92 Signed By Governor
04/10/92 Effective date 04/10/92
04/10/92 Act No. 328
04/28/92 Copies available
(A328, R368, H3048)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 56-7-80 SO AS TO
PROVIDE FOR A UNIFORM SUMMONS FOR COUNTIES
AND MUNICIPALITIES AND TO PROVIDE A PENALTY
FOR FAILURE TO APPEAR IN COURT AFTER A SUMMONS
HAS BEEN ISSUED.
Be it enacted by the General Assembly of the State of South
Carolina:
County or municipal uniform ordinance summons
SECTION 1. Chapter 7, Title 56 of the 1976 Code is amended
by adding:
"Section 56-7-80. (A) Counties and municipalities are
authorized to adopt by ordinance and use an ordinance summons
as provided herein for the enforcement of county and municipal
ordinances. Upon adoption of the ordinance summons, any
county or municipal law enforcement officer or code enforcement
officer is authorized to use an ordinance summons. Any county or
municipality adopting the ordinance summons is responsible for
the printing, distributing, monitoring, and auditing of the
ordinance summons to be used by that entity.
(B) The uniform ordinance summons may not be used to
perform a custodial arrest. No county or municipal ordinance
which regulates the use of motor vehicles on the public roads of
this State may be enforced using an ordinance summons.
(C) An ordinance summons must cite only one violation per
summons and must contain at least the following information:
(1) the name and address of the person or entity
charged;
(2) the name and title of the issuing officer;
(3) the time, date, and location of the hearing;
(4) a description of the ordinance the person or entity is
charged with violating;
(5) the procedure to post bond; and
(6) any other notice or warning otherwise required by
law.
The ordinance summonses must be consecutively and
discretely numbered. The ordinance summonses must be audited
as part of the annual independent audit required in Section
4-9-150 for counties and in Section 5-7-240 for municipalities,
and a separate copy of each audit must be furnished to the chief
administrative officer of the county or municipality, as
appropriate.
(D) Service of a uniform ordinance summons vests all
magistrates' and municipal courts with jurisdiction to hear and
dispose of the charge for which the ordinance summons was
issued and served.
(E) Any law enforcement officer or code enforcement officer
who serves an ordinance summons must allow the person served
to proceed without first having to post bond or to appear before a
magistrate or municipal judge. Acceptance of an ordinance
summons constitutes a person's recognizance to comply with the
terms of the summons.
(F) Any person who fails to appear before the court as required
by an ordinance summons, without first having posted such bond
as may be required or without having been granted a continuance
by the court, is guilty of a misdemeanor and, upon conviction,
must be fined not more than two hundred dollars or imprisoned
for not more than thirty days. Any law enforcement agency
processing an arrest made pursuant to this subsection must
furnish such information to the State Law Enforcement Division
as required by Chapter 3 of Title 23.
(G) This statute does not prohibit a county or municipality
from enforcing ordinances by means otherwise authorized by
law."
Time effective
SECTION 2. This act takes effect upon approval by the
Governor.
Approved the 10th day of April, 1992. |