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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.

(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.

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