H*3035(Rat #0146, Act #0078 of 1999)  General Bill, By Knotts

Similar(S 223)
 A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE, SO
 AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION NOT TO EXCEED FIVE THOUSAND
 DOLLARS IN ADDITION TO CRIMINAL PENALTIES, SET A SCHEDULE AND HOLD A PARTY IN
 CONTEMPT FOR FAILURE TO PAY RESTITUTION UNDER CERTAIN CONDITIONS; TO AMEND
 SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S CRIMINAL JURISDICTION
 SO AS TO PROVIDE THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO
 EXCEED FIVE THOUSAND DOLLARS, SET A PAYMENT SCHEDULE, AND HOLD A PARTY IN
 CONTEMPT FOR FAILURE TO PAY RESTITUTION UNDER CERTAIN CONDITIONS; AND TO AMEND
 SECTION 22-3-1000, AS AMENDED, RELATING TO TIME PERIODS FOR NEW TRIALS AND
 APPEALS FROM MAGISTRATE'S COURT, SO AS TO EXTEND THE PERIOD FOR APPEAL AND TO
 PROVIDE THAT THE ORDER OF RESTITUTION MAY BE APPEALED SEPARATELY FROM AN
 APPEAL RELATING TO THE CONVICTION.-AMENDED TITLE

   12/09/98  House  Prefiled
   12/09/98  House  Referred to Committee on Judiciary
   01/12/99  House  Introduced and read first time
   01/12/99  House  Referred to Committee on Judiciary
   02/25/99  House  Committee report: Favorable with amendment
                     Judiciary HJ-2
   03/02/99  House  Amended HJ-36
   03/02/99  House  Read second time HJ-37
   03/03/99  House  Read third time and sent to Senate HJ-19
   03/04/99  Senate Introduced and read first time SJ-9
   03/04/99  Senate Referred to Committee on Judiciary SJ-9
   05/12/99  Senate Recalled from Committee on Judiciary SJ-4
   05/13/99  Senate Read second time SJ-32
   05/13/99  Senate Ordered to third reading with notice of
                     amendments SJ-32
   05/19/99  Senate Amended SJ-50
   05/19/99  Senate Read third time and returned to House with
                     amendments SJ-50
   05/25/99  House  Senate amendment amended HJ-189
   05/25/99  House  Returned to Senate with amendments HJ-190
   05/26/99  Senate Non-concurrence in House amendment SJ-15
   05/26/99  House  House insists upon amendment and conference
                     committee appointed Reps. F. Smith, Hawkins and
                     Knotts HJ-84
   05/27/99  Senate Conference committee appointed Sens. Bryan,
                     Wilson, Hutto SJ-47
   06/02/99  House  Free conference powers granted HJ-77
   06/02/99  House  Free conference committee appointed F. Smith,
                     Hawkins and Knotts HJ-78
   06/02/99  House  Free conference report received and adopted HJ-78
   06/02/99  Senate Free conference powers granted SJ-48
   06/02/99  Senate Free conference committee appointed Sens. Bryan,
                     Hutto, Wilson SJ-48
   06/02/99  Senate Free conference report received and adopted SJ-48
   06/02/99  Senate Ordered enrolled for ratification SJ-48
   06/09/99         Ratified R 146
   06/11/99         Signed By Governor
   06/11/99         Effective date 06/11/99
   07/07/99         Copies available
   07/07/99         Act No. 78

AN ACT TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE, SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS IN ADDITION TO CRIMINAL PENALTIES, SET A PAYMENT SCHEDULE, AND HOLD A PARTY IN CONTEMPT FOR FAILURE TO PAY RESTITUTION UNDER CERTAIN CONDITIONS; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S CRIMINAL JURISDICTION, SO AS TO PROVIDE THAT THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS, SET A PAYMENT SCHEDULE, AND HOLD A PARTY IN CONTEMPT FOR FAILURE TO PAY RESTITUTION UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 22-3-1000, AS AMENDED, RELATING TO TIME PERIODS FOR NEW TRIALS AND APPEALS FROM MAGISTRATE'S COURT, SO AS TO EXTEND THE PERIOD FOR APPEAL AND TO PROVIDE THAT THE ORDER OF RESTITUTION MAY BE APPEALED SEPARATELY FROM AN APPEAL RELATING TO THE CONVICTION.

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

Restitution; not to exceed five thousand dollars; payment schedule; contempt

SECTION 1. Section 14-25-65 of the 1976 Code, as last amended by Act 171 of 1993, is further amended to read:

"Section 14-25-65. If a municipal judge finds a party guilty of violating a municipal ordinance or a state law within the jurisdiction of the court, he 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 five thousand dollars. In determining the amount of restitution, the judge shall determine and itemize the actual amount of damage or loss in the order. In addition, the judge may set an appropriate payment schedule.

A municipal judge may hold a party in contempt for failure to pay the restitution ordered if the judge finds the party has the ability to pay."

Restitution; not to exceed five thousand dollars; payment schedule; contempt

SECTION 2. Section 22-3-550 of the 1976 Code, as last amended by Act 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 in an amount not to exceed five thousand dollars. In determining the amount of restitution, the judge shall determine and itemize the actual amount of damage or loss in the order. In addition, the judge may set an appropriate payment schedule.

A magistrate may hold a party in contempt for failure to pay the restitution ordered if the judge finds the party has the ability to pay.

(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 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 subsection do not affect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."

Extend time frame for appeal; allow separate appeal for restitution

SECTION 3. Section 22-3-1000 is amended to read:

"Section 22-3-1000. No motion for a new trial may be heard unless made within five days from the rendering of the judgment. The right of appeal from the judgment exists for thirty days after the rendering of the judgment. A magistrate's order of restitution may be appealed within thirty days. The order of restitution may be appealed separately from an appeal, if any, relating to the conviction."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 9th day of June, 1999.

Approved the 11th day of June, 1999.