S*0903(Rat #0345, Act #0310 of 1992)  General Bill, By Senate Judiciary
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 22-3-545 so as to provide a procedure for the transfer of certain cases from
 general sessions court to magistrate's court upon petition of the solicitor in
 that circuit to the chief administrative criminal court judge, require the
 solicitor's office to prosecute all transferred cases, and require an adequate
 record be made by the solicitor's office of all transferred cases, provide for
 the distribution of fines on transferred cases, and require the Commission on
 Prosecution Coordination to compile relevant data on cases transferred under
 the provisions of this Act and make a report to the General Assembly no later
 than March 1, 1994.-amended title

   04/17/91  Senate Introduced, read first time, placed on calendar
                     without reference SJ-9
   04/18/91  Senate Read second time SJ-15
   04/18/91  Senate Unanimous consent for third reading on next
                     legislative day SJ-15
   04/19/91  Senate Read third time and sent to House SJ-1
   04/23/91  House  Introduced and read first time HJ-239
   04/23/91  House  Referred to Committee on Judiciary HJ-239
   05/22/91  House  Recalled from Committee on Judiciary HJ-140
   05/30/91  House  Objection by Rep. Corbett, Gregory, Cole, Beatty,
                     McCain, Haskins, Rama, HJ-74
   05/30/91  House  Objection by Rep. Littlejohn, Lanford, Ross,
                     Hodges, Koon, Harrison, HJ-74
   05/30/91  House  Objection by Rep. McGinnis & Wells HJ-74
   06/05/91  House  Objection withdrawn by Rep. Cole, Corbett,
                     Harrrison, Haskins, Hodges, Koon, HJ-17
   06/05/91  House  Objection withdrawn by Rep. Littlejohn, McCain,
                     McGinnis, Rama, Ross & Wells HJ-17
   06/05/91  House  Debate interrupted HJ-18
   06/05/91  House  Objection by Rep. Whipper & Glover HJ-30
   02/12/92  House  Point of order- Rep Gregory no longer a
                     member-name removed as objector HJ-34
   02/12/92  House  Objection withdrawn by Rep. Beatty, Lanford,
                     Glover & Whipper HJ-34
   02/12/92  House  Debate interrupted HJ-35
   02/13/92  House  Amended HJ-10
   02/13/92  House  Debate adjourned until Tuesday, February 18, 1992 HJ-10
   02/19/92  House  Debate adjourned until Thursday, February 20,
                     1992 HJ-30
   02/20/92  House  Objection by Rep. Baxley, Ross, Rudnick, Beatty,
                     White & Glover HJ-16
   03/05/92  House  Objection withdrawn by Rep. Baxley & Rudnick HJ-29
   03/24/92  House  Amended HJ-29
   03/24/92  House  Read second time HJ-30
   03/25/92  House  Read third time and returned to Senate with
                     amendments HJ-25
   03/26/92  Senate Concurred in House amendment and enrolled SJ-19
   04/02/92         Ratified R 345
   04/08/92         Signed By Governor
   04/08/92         Effective date 04/08/92
   04/08/92         Act No. 310
   05/05/92         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-545 SO AS TO PROVIDE A PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, REQUIRE THE SOLICITOR'S OFFICE TO PROSECUTE ALL TRANSFERRED CASES, AND REQUIRE AN ADEQUATE RECORD BE MADE BY THE SOLICITOR'S OFFICE OF ALL TRANSFERRED CASES, PROVIDE FOR THE DISTRIBUTION OF FINES ON TRANSFERRED CASES, AND REQUIRE THE COMMISSION ON PROSECUTION COORDINATION TO COMPILE RELEVANT DATA ON CASES TRANSFERRED UNDER THE PROVISIONS OF THIS ACT AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 1, 1994.

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

Criminal case may be transferred

SECTION 1. The 1976 Code is amended by adding:

"Section 22-3-545. (A) Notwithstanding the provisions of Sections 22-3-540 and 22-3-550 and effective from July 1, 1992 until July 1, 1993, a criminal case, the penalty for which the crime in the case does not exceed five thousand dollars or one year imprisonment, or both, may be transferred from general sessions court if the provisions of this section are followed.

(B) (1) The solicitor, upon ten days' written notice to the defendant, may petition the chief administrative criminal court judge in the circuit to transfer one or more cases from the general sessions court docket to a docket of a magistrate's or municipal court in the circuit for disposition. Both parties must have the opportunity to be heard by the chief administrative judge and the case may not be transferred from the general sessions court unless the defendant agrees in writing to the transfer.

(2) The judge must consider, but is not limited to, the following factors in granting the petition for transfer:

(a) case workload;

(b) age of the case;

(c) the speedy disposition of the case.

(3) A case transferred to a magistrate's or municipal court not disposed of in one hundred eighty days from the date of transfer automatically reverts to the docket of the general sessions court.

(C) All cases transferred to magistrate's or municipal court must be prosecuted by the solicitor's office.

(D) Provision for an adequate record must be made by the solicitor's office.

(E) Notwithstanding any other provision of law, all fines imposed by a magistrate or municipal judge presiding pursuant to this section must be distributed as if the fine were imposed by a circuit court pursuant to Section 20-7-1510. However, these fines are also subject to the provisions of Section 56-5-2940. This section must not result in increased compensation to a magistrate presiding over a trial or hearing pursuant to this section or in other additional or increased costs to the county."

Commission to make report

SECTION 2. The Commission on Prosecution Coordination must compile data on the number of cases transferred under the provisions of this act and other relevant data and make a report to the General Assembly no later than March 1, 1994.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 8th day of April, 1992.