S 85 Session 112 (1997-1998)
S 0085 General Bill, By Wilson
A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO MAXIMUM PENALTIES THAT MUNICIPAL COURTS MAY IMPOSE, SO AS TO
PROVIDE THAT A MUNICIPAL JUDGE MAY ORDER RESTITUTION HE CONSIDERS APPROPRIATE
IN ADDITION TO CRIMINAL PENALTIES WHENEVER A PARTY IS FOUND GUILTY OF
VIOLATING A MUNICIPAL ORDINANCE OR A STATE LAW WITHIN THE JURISDICTION OF THE
COURT.
01/14/97 Senate Introduced and read first time SJ-112
01/14/97 Senate Referred to Committee on Judiciary SJ-112
03/19/97 Senate Committee report: Favorable with amendment
Judiciary SJ-10
03/20/97 Senate Amended SJ-20
03/20/97 Senate Read second time SJ-20
03/25/97 Senate Read third time and sent to House SJ-8
03/25/97 House Introduced and read first time HJ-21
03/25/97 House Referred to Committee on Judiciary HJ-21
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
March 20, 1997
S. 85
Introduced by Senator Wilson
S. Printed 3/20/97--S.
Read the first time January 14, 1997.
A BILL
TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
MAXIMUM PENALTIES THAT MUNICIPAL COURTS MAY
IMPOSE, SO AS TO PROVIDE THAT A MUNICIPAL JUDGE
MAY ORDER RESTITUTION HE CONSIDERS APPROPRIATE
IN ADDITION TO CRIMINAL PENALTIES WHENEVER A
PARTY IS FOUND GUILTY OF VIOLATING A MUNICIPAL
ORDINANCE OR A STATE LAW WITHIN THE JURISDICTION
OF THE COURT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 14-25-65 of the 1976 Code, as last amended
by Act No. 171 of 1993, is further amended to read:
"Section 14-25-65. Whenever the If a
municipal judge finds a party guilty of violating a municipal
ordinance or a state law within the jurisdiction of the court,
he the judge may impose a fine of not more than five
hundred dollars or imprisonment for thirty days, or both. In
addition, a municipal judge may order restitution in an amount not to
exceed one thousand dollars."
SECTION 2. Section 22-3-550 of the 1976 Code, as last amended
by Act. No. 138 of 1995, is further amended to read:
"Section 22-3-550. (A) 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 in an amount not to
exceed one thousand dollars.
(B) 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 and
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."
SECTION 3. This act takes effect upon approval by the Governor.
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