H 3661 Session 111 (1995-1996)
H 3661 General Bill, By Sandifer, D.W. Beatty, B.D. Cain, Cato, C.D. Chamblee,
Cooper, J.L.M. Cromer, Davenport, Fleming, R.C. Fulmer, H.M. Hallman, Harrell,
Harrison, Haskins, R.J. Herdklotz, T.E. Huff, M.F. Jaskwhich, Lanford,
Littlejohn, C.V. Marchbanks, Mason, McCraw, Phillips, Rice, Riser, Robinson,
Seithel, Sharpe, E.C. Stoddard, P.H. Thomas, Trotter, Walker, C.C. Wells,
Whatley, Whipper, Witherspoon, S.S. Wofford, Young-Brickell and W.J. Young
A Bill to amend Section 22-5-190, Code of Laws of South Carolina, 1976,
relating to the endorsement and execution of warrants issued by municipal
authorities or magistrates of another county, so as to provide that law
enforcement officers of a municipality, with the assistance of law enforcement
officials of the county in which the municipality is located, may serve a
warrant on a person incarcerated in that county's jail or detention center who
is charged with a violation of a municipal ordinance or other provisions of
law under the jurisdiction of the municipality without the necessity of a
magistrate of the county endorsing the warrant.
02/23/95 House Introduced and read first time HJ-8
02/23/95 House Referred to Committee on Judiciary HJ-8
A BILL
TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE ENDORSEMENT AND
EXECUTION OF WARRANTS ISSUED BY MUNICIPAL
AUTHORITIES OR MAGISTRATES OF ANOTHER COUNTY,
SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS
OF A MUNICIPALITY, WITH THE ASSISTANCE OF LAW
ENFORCEMENT OFFICIALS OF THE COUNTY IN WHICH
THE MUNICIPALITY IS LOCATED, MAY SERVE A
WARRANT ON A PERSON INCARCERATED IN THAT
COUNTY'S JAIL OR DETENTION CENTER WHO IS
CHARGED WITH A VIOLATION OF A MUNICIPAL
ORDINANCE OR OTHER PROVISIONS OF LAW UNDER THE
JURISDICTION OF THE MUNICIPALITY WITHOUT THE
NECESSITY OF A MAGISTRATE OF THE COUNTY
ENDORSING THE WARRANT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 22-5-190 of the 1976 Code is amended to
read:
"Section 22-5-190. (A) A magistrate may
endorse a warrant issued by a magistrate of another county when
the person charged with a crime in such the warrant
resides in or is in the county of the endorsing magistrate. When a
warrant is presented to a magistrate for endorsement, as herein
provided as provided in this section, the magistrate
shall authorize the person presenting it or any special constable to
execute it within his county.
(B) Whenever a warrant is issued by a mayor, recorder,
judge, or other proper judicial officer of any municipality requiring
the arrest of any person charged with a violation of a municipal
ordinance, or a state statute within the trial jurisdiction of the
municipal authorities, and the person sought to be arrested is
presently incarcerated in a jail or detention center of the county in
which the municipality is located, law enforcement officers of that
municipality with the assistance of law enforcement officials of the
county operating the jail or detention center may serve the warrant
on that person without the necessity of a magistrate of the county
endorsing the warrant as required by this section.
(C) Except as otherwise provided in subsection
(B), whenever a warrant is issued by an intendant, mayor,
recorder, judge, or other proper judicial officer of any
municipality of this State, requiring the arrest of anyone charged
with the violation of a municipal ordinance, or of a State statute
within the trial jurisdiction of the municipal authorities, and
such the person sought to be arrested cannot be
found within the municipal limits but is within the State, the officer
issuing such the warrant may send it to the
magistrate having jurisdiction over the area in which such
the person may be found, which magistrate may endorse
the warrant, which shall then be executed by the magistrates'
constable or the sheriff of the county of the endorsing magistrate.
The endorsement shall be to the following effect: It shall be
addressed to the sheriff or any lawful constable of the county of the
endorsing magistrate, directing such the officer to
arrest the person named in the warrant and bring such
the person before the endorsing magistrate, to be dealt with
according to law. Unless a proper bond is filed with the endorsing
magistrate by the person arrested, conditioned upon his or her
appearance before the officer originally issuing the warrant, to
answer the charges therein in it, the person arrested
shall be promptly turned over to police officers of the municipality
from which the warrant was originally issued who are hereby
empowered to return the person to the municipality involved.
Provided, however, that a A magistrate shall not be
required to endorse any such the warrant when the
maximum penalty for each offense charged by such
the warrant does not exceed ten dollars or when the offense
consists of the illegal parking of a motor vehicle.
(D) All costs, fees, travel, and other expenses
in connection with the endorsement and execution of such warrants
shall be paid by the municipality involved to the county or officers
entitled thereto."
SECTION 2. This act takes effect upon approval by the
Governor.
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