S 1026(Rat #0255)  General Bill, By Holland
 A Bill to amend Act 1494 of 1972, relating to special magistrates in Kershaw
 County, so as to change the number of special magistrates in that county.

   05/30/91  Senate Intd. & placed on local & uncontested cal. w/o
                     reference SJ-23
   05/30/91  Senate Unanimous consent for second reading on next
                     legislative day SJ-23
   05/30/91  Senate Unanimous consent for third reading on next
                     legislative day SJ-23
   05/31/91  Senate Read second time SJ-66
   06/04/91  Senate Read third time and sent to House SJ-11
   06/05/91  House  Introduced, read first time, placed on calendar
                     without reference HJ-6
   06/06/91  House  Read second time HJ-27
   09/23/91  House  Read third time and enrolled HJ-44
   09/23/91         Ratified R 255
   12/13/91         Vetoed by Governor
   01/14/92  Senate Referred to delegation from Kershaw SJ-5

AN ACT TO AMEND ACT 1494 OF 1972, RELATING TO SPECIAL MAGISTRATES IN KERSHAW COUNTY, SO AS TO CHANGE THE NUMBER OF SPECIAL MAGISTRATES IN THAT COUNTY.

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

Additional special magistrate

SECTION 1. Section 1 of Act 1494 of 1972 (Section 43-841.1 of the 1962 Code) is amended to read:

"Section 43-841.1. There shall be two special magistrates for Kershaw County who shall be appointed by the Governor with the advice and consent of the Senate for a term of four years.

The special magistrates shall have countywide criminal jurisdiction only and with respect thereto shall have the following powers and authority:

(1) to issue criminal warrants;

(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; and

(4) to transfer any such warrant and written or cash bond to a magistrate having proper jurisdiction.

A special magistrate shall be available at nighttime and on weekends during such hours as may be designated by the Kershaw County Council. He shall not permit the trial before him of any cause, but upon the approval and acceptance by him of an adequate bond, he shall forthwith deliver the cause, together with the bond and warrant, if any, to a magistrate having proper jurisdiction. The special magistrates shall take the usual oath of office taken by other magistrates in the county and shall post surety bonds in the sum of two thousand dollars each with the Clerk of Court of Kershaw County, the cost of which bond shall be paid by Kershaw County."

Time effective

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

In the Senate House _________________________________.

_______________________________________

President of the Senate

_______________________________________

Speaker of the House of Representatives

Approved the _______ day of __________________, 1991.

_______________________________________

Governor

Printer's Date -- September 24, 1991 -- L.