S*101 Session 111 (1995-1996)
S*0101(Rat #0215, Act #0138 of 1995) General Bill, By Leventis, Elliott, Giese,
M.T. Rose and Ryberg
Similar(H 3600)
A Bill to amend Section 22-3-550, as amended, Code of Laws of South Carolina,
1976, relating to a magistrate's jurisdiction over certain criminal offenses
and a magistrate's authority to impose sentences, so as to revise the criminal
offenses over which magistrates have jurisdiction and a magistrate's authority
to impose sentences, and to provide that the prohibition against a magistrate
sentencing any person to consecutive terms of imprisonment totaling more than
ninety days does not apply to sentences for convictions resulting from
fraudulent check or shoplifting violations and to require the magistrate to
specify an amount of restitution at the time of sentencing in these cases as
an alternative to any imprisonment of more than ninety days; to amend Section
16-25-60, as amended, relating to persons required to appear before a judge in
criminal domestic violence cases, so as to further provide for the conditions
for suspending sentence; to amend Section 20-4-70 relating to duration of
protection orders in domestic abuse cases, so as to further provide for the
duration and enforcement of these orders; to amend Section 34-11-70, as
amended, relating to fraudulent checks, so as to increase the service charges
which may be imposed in connection with such checks and certain notice
requirements under the Section; to amend Section 56-5-765 relating to
investigations of traffic collisions involving motor vehicles or motorcycles
of law enforcement agencies, so as to further provide for the types of
collisions to which the Section applies and the authority of the law
enforcement agency involved to investigate the collision; to add Section
56-5-2780 so as to provide the penalties for unlawfully passing a stopped
school bus including providing for a felony if the violation causes great
bodily injury or death to a pedestrian; and to amend Section 56-5-2775, as
amended, relating to penalties for unlawfully passing a stopped school bus and
for unlawfully passing or proceeding at traffic or railroad crossings, so as
to delete references to penalties for unlawfully passing a stopped school bus
which are now provided in Section 56-5-2780.-amended title
10/03/94 Senate Prefiled
10/03/94 Senate Referred to Committee on Judiciary
01/10/95 Senate Introduced and read first time SJ-38
01/10/95 Senate Referred to Committee on Judiciary SJ-38
02/08/95 Senate Committee report: Favorable with amendment
Judiciary SJ-17
02/09/95 Senate Amended SJ-16
02/09/95 Senate Read second time SJ-16
02/14/95 Senate Read third time and sent to House SJ-15
02/15/95 House Introduced and read first time HJ-14
02/15/95 House Referred to Committee on Judiciary HJ-14
05/18/95 House Committee report: Favorable with amendment
Judiciary HJ-40
05/24/95 House Amended HJ-26
05/24/95 House Debate adjourned HJ-31
05/24/95 House Reconsidered HJ-87
05/24/95 House Amended HJ-87
05/24/95 House Read second time HJ-88
05/25/95 House Read third time and returned to Senate with
amendments HJ-8
05/31/95 Senate House amendment amended SJ-5
05/31/95 Senate Returned to House with amendments SJ-5
05/31/95 House Non-concurrence in Senate amendment HJ-107
05/31/95 Senate Senate insists upon amendment and conference
committee appointed Sens. Courson, Holland,
Moore SJ-118
05/31/95 House Conference committee appointed Reps. Jennings,
Cobb-Hunter & Fleming HJ-151
06/01/95 Senate Sen. Courson resigns, Sen. Stilwell appointed SJ-392
06/01/95 House Free conference powers granted HJ-77
06/01/95 House Free conference committee appointed Reps.
Jennings, Cobb-Hunter & Fleming HJ-79
06/01/95 House Free conference report received and adopted HJ-79
06/13/95 Senate Free conference powers granted SJ-20
06/13/95 Senate Free conference committee appointed Sens. Moore,
Holland, Stilwell SJ-20
06/13/95 Senate Free conference report received and adopted SJ-20
06/13/95 House Ordered enrolled for ratification HJ-36
06/15/95 Ratified R 215
06/28/95 Signed By Governor
06/28/95 Effective date 06/28/95
08/15/95 Copies available
08/15/95 Act No. 138
(A138, R215, S101)
AN ACT TO AMEND SECTION 22-3-550, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A
MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL
OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE
SENTENCES, SO AS TO REVISE THE CRIMINAL OFFENSES
OVER WHICH MAGISTRATES HAVE JURISDICTION AND A
MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, AND TO
PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE
SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF
IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES
NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING
FROM FRAUDULENT CHECK OR SHOPLIFTING VIOLATIONS
AND TO REQUIRE THE MAGISTRATE TO SPECIFY AN AMOUNT
OF RESTITUTION AT THE TIME OF SENTENCING IN THESE
CASES AS AN ALTERNATIVE TO ANY IMPRISONMENT OF
MORE THAN NINETY DAYS; TO AMEND SECTION 16-25-60, AS
AMENDED, RELATING TO PERSONS REQUIRED TO APPEAR
BEFORE A JUDGE IN CRIMINAL DOMESTIC VIOLENCE CASES,
SO AS TO FURTHER PROVIDE FOR THE CONDITIONS FOR
SUSPENDING SENTENCE; TO AMEND SECTION 20-4-70,
RELATING TO DURATION OF PROTECTION ORDERS IN
DOMESTIC ABUSE CASES, SO AS TO FURTHER PROVIDE FOR
THE DURATION AND ENFORCEMENT OF THESE ORDERS; TO
AMEND SECTION 34-11-70, AS AMENDED, RELATING TO
FRAUDULENT CHECKS, SO AS TO INCREASE THE SERVICE
CHARGES WHICH MAY BE IMPOSED IN CONNECTION WITH
SUCH CHECKS AND CERTAIN NOTICE REQUIREMENTS UNDER
THE SECTION; TO AMEND SECTION 56-5-765, RELATING TO
INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING MOTOR
VEHICLES OR MOTORCYCLES OF LAW ENFORCEMENT
AGENCIES, SO AS TO FURTHER PROVIDE FOR THE TYPES OF
COLLISIONS TO WHICH THE SECTION APPLIES AND THE
AUTHORITY OF THE LAW ENFORCEMENT AGENCY INVOLVED
TO INVESTIGATE THE COLLISION; TO ADD SECTION 56-5-2780
SO AS TO PROVIDE THE PENALTIES FOR UNLAWFULLY
PASSING A STOPPED SCHOOL BUS INCLUDING PROVIDING
FOR A FELONY IF THE VIOLATION CAUSES GREAT BODILY
INJURY OR DEATH TO A PEDESTRIAN; AND TO AMEND
SECTION 56-5-2775, AS AMENDED, RELATING TO PENALTIES
FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS AND
FOR UNLAWFULLY PASSING OR PROCEEDING AT TRAFFIC OR
RAILROAD CROSSINGS, SO AS TO DELETE REFERENCES TO
PENALTIES FOR UNLAWFULLY PASSING A STOPPED SCHOOL
BUS WHICH ARE NOW PROVIDED IN SECTION 56-5-2780.
Be it enacted by the General Assembly of the State of South Carolina:
Jurisdiction and sentencing revised; restitution required
SECTION 1. Section 22-3-550 of the 1976 Code, as last amended by an
act of 1995 bearing ratification number 136, is further amended to
read:
"Section 22-3-550. Magistrates have jurisdiction of all offenses
which may be subject to the penalties of a fine or forfeiture not
exceeding five hundred dollars, or imprisonment not exceeding thirty
days, or both. In addition, a magistrate may order restitution he
considers appropriate.
However, a magistrate shall not have the power to sentence any person
to consecutive terms of imprisonment totaling more than ninety days
except for convictions resulting from violations of Chapter 11 of Title
34, pertaining to fraudulent checks, or violations of Section
16-13-110(B)(1), relating to shoplifting. Further, a magistrate must
specify an amount of restitution in damages at the time of sentencing as
an alternative to any imprisonment of more than ninety days which is
lawfully imposed. The provisions of this paragraph do not affect the
transfer of criminal matters from the general sessions court made
pursuant to Section 22-3-545."
Conditions for suspending sentence revised
SECTION 2. Section 16-25-60 of the 1976 Code, as last amended by
Act 519 of 1994, is further amended to read:
"Section 16-25-60. (A) Unless the complaint is voluntarily
dismissed or the charge is dropped prior to the scheduled trial date, a
person charged with a violation provided in this chapter shall appear
before a judge for disposition of the case.
(B) When a person is convicted of a violation of Section 16-25-20 or
16-25-50, the court may suspend the imposition or execution of all or
part of the sentence conditioned upon the offender completing, to the
satisfaction of the court, a program designed to treat battering spouses
where available or in other appropriate psychiatric or therapeutic
treatment or counseling.
(C) When a person is convicted of a violation of Section 16-25-40 or
16-25-65, the court may suspend execution of all or part of the sentence
and place the offender on probation, conditioned upon:
(1) the offender completing, to the satisfaction of the court, a
program designed to treat battering spouses where available or in other
appropriate psychiatric or therapeutic treatment or counseling;
(2) fulfillment of all the obligations arising under court order
pursuant to Section 20-4-60 and this section;
(3) other reasonable terms and conditions of probation as the court
may determine necessary to ensure the protection of the victim.
(D) In determining whether or not to suspend the imposition or
execution of all or part of a sentence as provided in this section, the court
must consider the nature and severity of the offense, the number of times
the offender has repeated the offense, and the best interests and safety of
the victim. A court may require an offender to pay for participation in a
program or treatment or counseling as an appropriate term or condition
for suspending the imposition or execution of all or part of a
sentence."
Duration and enforcement of protection orders
SECTION 3. Section 20-4-70 of the 1976 Code is amended to read:
"Section 20-4-70. (A) An order of protection issued under
Section 20-4-60 must be for a fixed time not to exceed one year unless
the parties have reconciled as evidenced by an order of dismissal and
may be extended or terminated by order of the court upon motion by
either party showing good cause with notice to the other party. A
respondent has the right to a hearing on the extension of an order issued
pursuant to this section within thirty days of the date upon which the
order will expire.
(B) Provisions included in an order of protection granting relief
pursuant to Section 20-4-60(c) must be enforced until further order of the
court following the issuance of the order unless before the expiration of
the period the court has scheduled a hearing pursuant to the filing of an
action for divorce or separate support and maintenance to determine the
temporary rights and obligations of the parties with respect to support of
a spouse or children, custody and visitation, or the distribution of
personal property. If the hearing has been scheduled, relief granted
under Section 20-4-60(c) remains in effect until an order pursuant to the
hearing is issued by the court.
(C) The Family Court may modify the terms of any order issued
under this section.
(D) An order of protection issued by a magistrate expires as provided
under the terms of the order or upon the issuance of a subsequent order
by the Family Court, whichever occurs first."
Service charges increased; notice requirement revised
SECTION 4. Section 34-11-70 of the 1976 Code, as last amended by
Act 36 of 1991, is further amended to read:
"Section 34-11-70. (a) When a check, a draft, or other written
order is not paid by the drawee because the maker or drawer did not
have an account with or sufficient funds on deposit with the bank or the
person upon which it was drawn when presented or the draft, check, or
other written order has an incorrect or insufficient signature on it, and the
maker or drawer does not pay the amount due on it, together with a
service charge of twenty-five dollars, within ten days after written notice
has been sent by certified mail to the address printed on the check or
given at the time it is tendered or provided on a check-cashing
identification card stating that payment was refused upon the instrument,
then it constitutes prima facie evidence of fraudulent intent against the
maker. Service charges collected pursuant to this section must be paid to
the payee of the instrument.
(1) For purposes of subsection (a), notice must be given by mailing
the notice with postage prepaid addressed to the person at the address as
printed or written on the instrument. The giving of notice by mail is
complete upon the expiration of ten days after the deposit of the notice in
the mail. A certificate by the payee that the notice has been sent as
required by this section is presumptive proof that the requirements as to
notice have been met, regardless of the fact that the notice actually might
not have been received by the addressee. The form of notice must be
substantially as follows:
You are notified that a check or instrument, numbered ____, issued by
you on ____ (date), drawn upon ____ (name of bank), and payable to
____, has been dishonored. Pursuant to South Carolina law, you have
ten days from the date this notice was mailed to tender payment of the
full amount of the check or instrument plus a service charge of
twenty-five dollars, the total amount due being __ dollars and ___ cents.
Unless this amount is paid in full within the specified time above, the
holder of the check or instrument may turn over the dishonored check or
instrument and all other available information relating to this incident to
the solicitor or other appropriate officer for criminal prosecution.
(2) When a person instituting prosecution gives notice in
substantially similar form provided in item (1) to the person upon which
the instrument was drawn and waits ten days from the date notice is
mailed before instituting the criminal proceedings, there arises a
presumption that the prosecution was instituted for reasonable and
probable cause, and the person instituting prosecution is immune from
civil liability for the giving of the notice.
(3) A service charge of not more than twenty-five dollars is payable
by the drawer of a draft, a check, or other written order to the payee of
the instrument when the draft, check, or other written order is presented
for payment in whole or in part of a then existing debt including, but not
limited to, consumer credit transactions, and is dishonored. This service
charge is solely to compensate the payee of the instrument for incurred
expenses in processing the dishonored instrument and is not related to a
presumption of fraud so that it is not necessary to issue the notice to the
person at the address as printed on the instrument set forth in items (1)
and (2).
(b) Any court, including magistrate's, may dismiss a case under the
provisions of this chapter for want of prosecution. When any
prosecutions are initiated under this chapter, the party applying for the
warrant is held liable for all reasonable administrative costs accruing not
to exceed twenty dollars if the case is dismissed for want of prosecution.
Unless waived by the court, the party applying for the warrant shall
notify, orally or otherwise, the court not less than twenty-four hours
before the date and time set for trial that full restitution has been made in
connection with the warrant, and the notification relieves that party of the
responsibility of prosecution.
(c) Any court, including magistrate's, may dismiss any prosecution
initiated pursuant to the provisions of this chapter on satisfactory proof of
restitution and payment by the defendant of all administrative costs
accruing not to exceed twenty dollars submitted before the date set for
trial after the issuance of a warrant.
(d) For purposes of this chapter, subsequent persons receiving a
check, draft, or other written order by endorsement from the original
payee or a successor endorsee have the same rights that the original
payee has against the maker of the instrument, if the maker of the
instrument has the same defenses against subsequent persons as he may
have had against the original payee. However, the remedies available
under this chapter may be exercised only by one party in
interest."
Collisions to which section applies
SECTION 5. Section 56-5-765 of the 1976 Code, as added by Act 439
of 1994, is amended to read:
"Section 56-5-765. (A) When a motor vehicle or motorcycle of
a law enforcement agency, except a motor vehicle or motorcycle operated
by the South Carolina Department of Public Safety, is involved in a
traffic collision that results in an injury or a death, or involves a
privately-owned motor vehicle or motorcycle, regardless of whether
another motor vehicle or motorcycle is involved, the State Highway
Patrol shall investigate the collision and file a report with findings on
whether the agency motor vehicle or motorcycle was operated properly
within the guidelines of appropriate statutes and regulations.
(B) When a motor vehicle or motorcycle of the Department of Public
Safety is involved in a traffic collision that results in an injury or a death,
or involves a privately-owned motor vehicle or motorcycle, regardless of
whether another motor vehicle or motorcycle is involved, the sheriff of
the county in which the collision occurred shall investigate the collision,
regardless of whether the collision occurred within an incorporated
jurisdiction, and file a report with findings on whether the department's
motor vehicle or motorcycle was operated properly within the guidelines
of appropriate statutes and regulations.
(C) A law enforcement department or agency may not investigate
collisions in which a motor vehicle or an employee of that department or
agency is involved that results in an injury or a death, or involves a
privately-owned motor vehicle or motorcycle, regardless of whether
another motor vehicle or motorcycle is involved."
Penalties imposed
SECTION 6. The 1976 Code is amended by adding:
"Section 56-5-2780. (A) A driver of a vehicle violating Section
56-5-2770(a) or (e) is guilty of a misdemeanor and, upon conviction,
entry of a plea of guilty or nolo contendere, or forfeiture of bail for a
first offense must be fined not less than five hundred dollars or
imprisoned not more than thirty days. In lieu of imprisonment, the court
may require that the individual complete an appropriate term of
community service of not fewer than ten days upon terms and conditions
the court considers proper. Upon conviction, entry of a plea of guilty or
nolo contendere, or forfeiture of bail for a second or subsequent violation
of Section 56-5-2770(a) or (e), a person is guilty of a misdemeanor and
must be fined not less than two thousand dollars or more than five
thousand dollars or imprisoned for not fewer than thirty days and not
more than sixty days.
(B) If a driver of a vehicle violates Section 56-5-2770(a) or (e), and
the violation proximately causes great bodily injury or death to a
pedestrian, the person is guilty of a felony and, upon conviction, entry of
a plea of guilty or nolo contendere, or forfeiture of bond, the person
must be:
(1) fined not less than five thousand dollars or more than ten
thousand dollars and imprisoned for not less than sixty days or more than
one year when great bodily injury results;
(2) fined not less than ten thousand dollars or more than twenty-five
thousand dollars and imprisoned for not less than one year or more than
five years when death results.
As used in this subsection, `great bodily injury' means bodily injury
which creates a substantial risk of death or which causes serious,
permanent disfigurement or protracted loss or impairment of the function
of any bodily member or organ.
The department shall suspend the driver's license of a person who is
convicted or who receives a sentence upon a plea of guilty or nolo
contendere pursuant to this subsection for the term of imprisonment plus
one year."
Applicability of penalties revised
SECTION 7. Section 56-5-2775 of the 1976 Code, as last amended by
Act 399 of 1992, is further amended to read:
"Section 56-5-2775. The driver of a vehicle violating the
provisions of Section 56-5-2735 is guilty of a misdemeanor and, upon
conviction, must be fined not less than one hundred dollars or more than
two hundred dollars or imprisoned for not more than thirty
days."
Time effective
SECTION 8. This act takes effect upon approval by the Governor.
Approved the 28th day of June, 1995. |