S*0577(Rat #0403, Act #0346 of 2008)  General Bill, By Sheheen
 AN ACT TO AMEND SECTION 22-3-560, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES COURTS IN ASSAULT AND
 BATTERY AND OTHER BREACH OF THE PEACE OFFENSES, SO AS TO INCREASE THE
 MAGISTRATES COURTS' JURISDICTION FOR ALL ASSAULT AND BATTERY OFFENSES AGAINST
 SPORTS OFFICIALS AND COACHES TO PROVIDE FOR A FINE NOT EXCEEDING ONE THOUSAND
 DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH; BY
 ADDING SECTION 17-15-90 SO AS TO CREATE THE OFFENSE OF WILFUL FAILURE TO
 APPEAR AND PROVIDE PENALTIES BASED ON THE UNDERLYING CHARGE; TO AMEND SECTION
 38-53-50, RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO
 AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A
 DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT
 IMMEDIATE INCARCERATION OF THE DEFENDANT; TO AMEND SECTION 38-53-70, AS
 AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF
 JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED
 FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE
 BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR
 PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE; AND TO AMEND SECTION
 22-5-110, RELATING TO MAGISTRATES' POWERS TO CAUSE THE ARREST OF CERTAIN
 OFFENDERS, SO AS TO REQUIRE THE ISSUANCE OF A COURTESY SUMMONS TO PERSONS
 CHARGED WITH A MISDEMEANOR OFFENSE REQUIRING A WARRANT SIGNED BY NONLAW
 ENFORCEMENT PERSONNEL. - ratified title

   03/14/07  Senate Introduced and read first time SJ-8
   03/14/07  Senate Referred to Committee on Judiciary SJ-8
   04/03/07  Senate Referred to Subcommittee: Hawkins (ch), Sheheen,
                     Lourie, Vaughn
   03/05/08  Senate Committee report: Favorable Judiciary SJ-12
   03/06/08  Senate Read second time SJ-5
   03/06/08         Scrivener's error corrected
   03/12/08  Senate Read third time and sent to House SJ-21
   03/13/08  House  Introduced and read first time HJ-20
   03/13/08  House  Referred to Committee on Judiciary HJ-20
   05/21/08  House  Committee report: Favorable Judiciary HJ-208
   05/28/08  House  Amended HJ-50
   05/28/08  House  Read second time HJ-53
   05/29/08  House  Read third time and returned to Senate with
                     amendments HJ-10
   06/03/08  Senate House amendment amended SJ-56
   06/03/08  Senate Returned to House with amendments SJ-56
   06/05/08  House  Non-concurrence in Senate amendment HJ-65
   06/05/08  Senate  Recedes from Senate amendment SJ-35
   06/05/08  House  Ordered enrolled for ratification HJ-192
   06/10/08         Ratified R 403
   06/16/08         Vetoed by Governor
   06/25/08  Senate Veto overridden by originating body Yeas-32  Nays-6
   06/25/08  House  Veto overridden Yeas-87  Nays-17
   06/30/08         Copies available
   06/30/08         Effective date 06/25/08
   07/11/08         Act No. 346

(A346, R403, S577)

AN ACT TO AMEND SECTION 22-3-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES COURTS IN ASSAULT AND BATTERY AND OTHER BREACH OF THE PEACE OFFENSES, SO AS TO INCREASE THE MAGISTRATES COURTS' JURISDICTION FOR ALL ASSAULT AND BATTERY OFFENSES AGAINST SPORTS OFFICIALS AND COACHES TO PROVIDE FOR A FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH; BY ADDING SECTION 17-15-90 SO AS TO CREATE THE OFFENSE OF WILFUL FAILURE TO APPEAR AND PROVIDE PENALTIES BASED ON THE UNDERLYING CHARGE; TO AMEND SECTION 38-53-50, RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; TO AMEND SECTION 38-53-70, AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE; AND TO AMEND SECTION 22-5-110, RELATING TO MAGISTRATES' POWERS TO CAUSE THE ARREST OF CERTAIN OFFENDERS, SO AS TO REQUIRE THE ISSUANCE OF A COURTESY SUMMONS TO PERSONS CHARGED WITH A MISDEMEANOR OFFENSE REQUIRING A WARRANT SIGNED BY NONLAW ENFORCEMENT PERSONNEL.

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

Magistrates courts' jurisdiction, assault and battery offenses of sports officials

SECTION    1.    Section 22-3-560 of the 1976 Code is amended to read:

"Section 22-3-560.    (A)    Magistrates may punish by fine not exceeding five hundred dollars or imprisonment for a term not exceeding thirty days, or both, all assaults and batteries and other breaches of the peace when the offense is neither an assault and battery against school personnel pursuant to Section 16-3-612 nor an assault and battery of a high and aggravated nature requiring, in their judgment or by law, greater punishment.

(B)    Magistrates may punish by fine not exceeding one thousand dollars or imprisonment for a term not exceeding sixty days, or both, all assaults and batteries against sports officials and coaches when, in committing an assault and battery, the offender knows the individual assaulted to be a sports official or coach at any level of competition and the act causing the assault and battery to the sports official or coach occurred within an athletic facility or an indoor or outdoor playing field or within the immediate vicinity of the athletic facility or an indoor or outdoor playing field at which the sports official or coach was an active participant in the athletic contests held at the athletic facility. For the purposes of this subsection, 'sports official' means a person at an athletic contest who enforces the rules of the contest, such as an umpire, referee, scorekeeper, and 'coach' means a person recognized as a coach by the sanctioning authority that conducted the athletic contest."

Wilful failure to appear, penalties

SECTION    2.    Chapter 15, Title 17 of the 1976 Code is amended by adding:

"Section 17-15-90.    A person released pursuant to the provisions of Chapter 15, Title 17 who wilfully fails to appear before the court as required must:

(1)    if he was released in connection with a charge for a felony or while awaiting sentencing after conviction, be fined not more than five thousand dollars or imprisoned for not more than five years, or both; or

(2)    if he was released in connection with a charge for a misdemeanor for which the maximum possible sentence was at least one year, be fined not more than one thousand dollars or imprisoned for not more than one year, or both."

Surety, bond, bench warrants

SECTION    3.    Section 38-53-50 of the 1976 Code is amended to read:

"Section 38-53-50.    (A)    A surety desiring to be relieved on a bond for good cause shall file with the clerk of court a motion to be relieved on the bond. A copy of the motion must be served upon the defendant, his attorney, and the solicitor's office. The court then shall schedule a hearing to determine if the surety should be relieved on the bond and notify all parties of the hearing date. At the time of the filing of the motion, a fee of twenty dollars must be paid to the clerk of court to be retained by the clerk for use in the operation of the clerk's office. The fee will cover the cost of copies of the motion required by the surety.

(B)    If the circumstances warrant immediate incarceration of the defendant to prevent imminent violation of one of the specific terms of the bail bond, or if the defendant has violated one of the specific terms of the bond, the surety may take the defendant to the appropriate detention facility for holding until the court orders that the surety be relieved. The surety, within three business days following recommitment, must file with the detention facility and the court an affidavit clocked in with the clerk of court on a form provided by the Division of Court Administration stating the facts to support the surrender of the defendant for good cause. Nonpayment of fees alone is not sufficient cause to warrant immediate incarceration of the defendant. When the defendant and the affidavit are presented at the appropriate detention facility, the facility shall take custody of the defendant. When the affidavit is filed with the court, the surety also shall file a motion to be relieved on the bond pursuant to subsection (A). A surety who surrenders a defendant and files an affidavit which does not show good cause is subject to penalties imposed for perjury as provided for in Article 1, Chapter 9, Title 16.

(C)    If the defendant is incarcerated by the surety or a law enforcement agency as a result of a bench warrant, the surety shall file an affidavit with the court stating that the defendant is incarcerated in the appropriate detention facility as a result of the bench warrant as well as the violation of the specific term or terms of the bail bond stated in the bench warrant. Once the affidavit pursuant to the provisions of this subsection has been filed, the surety is relieved of all liability on the bail bond by the court.

(D)    After the surety has been relieved by order of the court, a new undertaking must be filed with the appropriate court in order to secure the subsequent release of the defendant. The undertaking must contain the same conditions included in the original bond unless the conditions have been changed by the court."

Surety, bench warrants

SECTION    4.    Section 38-53-70 of the 1976 Code, as last amended by Act 329 of 2002, is further amended to read:

"Section 38-53-70.    If a defendant fails to appear at a court proceeding to which he has been summoned, the court shall issue a bench warrant for the defendant. The court shall make available for pickup by the surety or the representative of the surety who executed the bond on their behalf, a true copy of the bench warrant within seven days of its issuance at the clerk of court's office. If the surety fails to surrender the defendant or place a hold on the defendant's release from incarceration, commitment, or institutionalization within ninety days of the issuance of the bench warrant, the bond is forfeited. At any time before execution is issued on a judgment of forfeiture against a defendant or his surety, the court may direct that the judgment be remitted in whole or in part, upon conditions as the court may impose, if it appears that justice requires the remission of part or all of the judgment. In making a determination as to remission of the judgment, the court shall consider the costs to the State or a county or municipality resulting from the necessity to continue or terminate the defendant's trial and the efforts of law enforcement officers or agencies to locate the defendant. The court, in its discretion, may permit the surety to pay the estreatment in installments for a period of up to six months; however, the surety shall pay a handling fee to the court in an amount equal to four percent of the value of the bond. If at any time during the period in which installments are to be paid the defendant is surrendered to the appropriate detention facility and the surety complies with the recommitment procedures, the surety is relieved of further liability."

Magistrates courts' powers, courtesy summons

SECTION    5.    Section 22-5-110 of the 1976 Code is amended to read:

"Section 22-5-110.    (A)    Magistrates shall cause to be arrested all persons found within their counties charged with any offense and persons who after committing any offense within the county escape out of it, examine into treasons, felonies, grand larcenies, high crimes and misdemeanors, commit or bind over for trial those who appear to be guilty of crimes or offenses not within their jurisdiction, and punish those guilty of such offenses within their jurisdiction.

(B)    Notwithstanding another provision of law, a person charged with any misdemeanor offense requiring a warrant signed by nonlaw enforcement personnel to ensure the arrest of a person must be given a courtesy summons."

Severability clause

SECTION    6.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Savings clause

SECTION    7.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Time effective

SECTION    8.    This act takes effect upon approval by the Governor.

Ratified the 10th day of June, 2008.

Vetoed by the Governor -- 6/16/08.

Veto overridden by Senate -- 6/25/08.

Veto overridden by House -- 6/25/08.