S*772 Session 112 (1997-1998)
S*0772(Rat #0353, Act #0301 of 1998) General Bill, By Holland, Bryan and
Courson
A BILL TO AMEND SECTION 22-3-930, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO COMPELLING ATTENDANCE OF A WITNESS, SO AS TO ALLOW A MAGISTRATE TO
COMPEL THE ATTENDANCE OF ANY WITNESS RESIDING IN THE COUNTY INSTEAD OF ANY
WITNESS RESIDING NOT MORE THAN TWENTY MILES FROM THE MAGISTRATE'S LOCATION; TO
PROVIDE IF THE WITNESS FAILS OR REFUSES TO ATTEND OR GIVE EVIDENCE WITHOUT
GOOD CAUSE SHOWN THAT THE MAGISTRATE MAY FIND HIM IN CONTEMPT AND SENTENCE HIM
UP TO THE CRIMINAL JURISDICTIONAL LIMIT IMPOSED ON MAGISTRATES' COURTS; AND TO
DELETE CERTAIN OBSOLETE REFERENCES.
05/21/97 Senate Introduced and read first time SJ-9
05/21/97 Senate Referred to Committee on Judiciary SJ-9
01/21/98 Senate Committee report: Favorable Judiciary SJ-6
01/27/98 Senate Read second time SJ-343
01/27/98 Senate Ordered to third reading with notice of
amendments SJ-343
01/28/98 Senate Read third time and sent to House SJ-17
01/28/98 House Introduced and read first time HJ-18
01/28/98 House Referred to Committee on Judiciary HJ-18
03/25/98 House Committee report: Favorable Judiciary HJ-16
03/31/98 House Read second time HJ-14
04/01/98 House Read third time and enrolled HJ-22
05/21/98 Ratified R 353
05/27/98 Signed By Governor
06/08/98 Effective date 05/27/98
06/08/98 Copies available
06/08/98 Act No. 301
(A301, R353, S772)
AN ACT TO AMEND SECTION 22-3-930, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO COMPELLING
ATTENDANCE OF A WITNESS, SO AS TO ALLOW A
MAGISTRATE TO COMPEL THE ATTENDANCE OF ANY
WITNESS RESIDING IN THE COUNTY INSTEAD OF ANY
WITNESS RESIDING NOT MORE THAN TWENTY MILES FROM
THE MAGISTRATE'S LOCATION; TO PROVIDE IF THE WITNESS
FAILS OR REFUSES TO ATTEND OR GIVE EVIDENCE WITHOUT
GOOD CAUSE SHOWN THAT THE MAGISTRATE MAY FIND HIM
IN CONTEMPT AND SENTENCE HIM UP TO THE CRIMINAL
JURISDICTIONAL LIMIT IMPOSED ON MAGISTRATES' COURTS;
AND TO DELETE CERTAIN OBSOLETE REFERENCES.
Be it enacted by the General Assembly of the State of South Carolina:
Compelling attendance of witnesses who reside in county
SECTION 1. Section 22-3-930 of the 1976 Code is amended to read:
Section 22-3-930. Any magistrate, on the application of a party to a
cause pending before the magistrate, must issue a summons citing any
person whose testimony may be required in the cause and who resides in
the county to appear before the magistrate at a certain time and place to
give evidence. This summons must be served in a manner such that it is
received by the witness at least one day before his attendance is required.
If the witness fails or refuses to attend, the magistrate may issue a rule to
show cause commanding the witness to be brought before the magistrate
or, if any witness attending refuses to give evidence without good cause
shown, the magistrate may punish the witness for contempt by imposition
of a sentence up to the limits imposed on magistrates' courts in Section
22-3-550.
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 27th day of May, 1998. |