H*4624(Rat #0595, Act #0499)  General Bill, By J.W. Tucker, Bailey, G. Brown, 
Carnell, Cato, Davenport, S.E. Gonzales, Harrison, Harvin, B.H. Harwell, 
Haskins, J.H. Hodges, Inabinett, Law, Meacham, Moody-Lawrence, T.F. Rogers, 
D. Smith, Stuart, Townsend, Vaughn, Wilder, J.B. Wilder, Young-Brickell and 
R.M. Young
 A Bill to amend Section 22-3-545, as amended, Code of Laws of South Carolina,
 1976, relating to the temporary authority to transfer criminal cases from
 general sessions court to magistrate's court if the penalty for the offense is
 a fine not exceeding five thousand dollars or imprisonment for not more than
 one year, or both, so as to make permanent the authority to transfer these
 cases and to provide that the transfer petition and notice of objection may be
 filed with a circuit court judge rather than the chief administrative criminal
 court judge.-amended title

   01/27/94  House  Introduced and read first time HJ-4
   01/27/94  House  Referred to Committee on Judiciary HJ-4
   04/06/94  House  Recalled from Committee on Judiciary HJ-51
   04/26/94  House  Read second time HJ-15
   04/27/94  House  Read third time and sent to Senate HJ-17
   04/28/94  Senate Introduced and read first time SJ-13
   04/28/94  Senate Referred to Committee on Judiciary SJ-13
   05/18/94  Senate Committee report: Favorable with amendment
                     Judiciary SJ-34
   05/25/94  Senate Amended SJ-24
   05/25/94  Senate Read second time SJ-24
   05/25/94  Senate Ordered to third reading with notice of
                     amendments SJ-24
   05/26/94  Senate Read third time and returned to House with
                     amendments SJ-40
   06/02/94  House  Concurred in Senate amendment and enrolled HJ-38
   06/02/94         Ratified R 595
   07/29/94         Signed By Governor
   07/29/94         Effective date 07/29/94
   09/12/94         Copies available

AN ACT TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY AUTHORITY TO TRANSFER CRIMINAL CASES FROM GENERAL SESSIONS COURT TO A MAGISTRATE'S COURT IF THE PENALTY FOR THE OFFENSE IS A FINE NOT EXCEEDING FIVE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH, SO AS TO MAKE PERMANENT THE AUTHORITY TO TRANSFER THESE CASES AND TO PROVIDE THAT THE TRANSFER PETITION AND NOTICE OF OBJECTION MAY BE FILED WITH A CIRCUIT COURT JUDGE RATHER THAN THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE.

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

Made permanent

SECTION 1. Section 22-3-545(A) of the 1976 Code, as last amended by Act 174 of 1993, is further amended to read:

"(A) Notwithstanding the provisions of Sections 22-3-540 and 22-3-550, 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."

Transfers and objections

SECTION 2. Section 22-3-545(B)(1) of the 1976 Code, as last amended by Act 174 of 1993, is further amended to read:

"(B)(1) The solicitor, upon ten days' written notice to the defendant, may petition a circuit 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. The solicitor's notice must fully apprise the defendant of his right to have his case heard in general sessions court. The notice must include the difference in jury size in magistrate's or municipal court and in general sessions court. Both parties must have the opportunity to be heard by the circuit court judge, and the case may be transferred from the general sessions court unless the defendant objects after notification by the solicitor pursuant to the provisions of this item. The objection may be made orally or in writing at any time prior to the trial of the case. The objection may be made to the circuit court judge who granted the petition, the trial judge, or the solicitor. Before impanelling the jury, the trial judge must receive an affirmative waiver by the defendant, if present, of his right to have the case tried in general sessions court. The defendant must be informed that, if tried in general sessions court, the case would be tried in front of twelve jurors who must reach a unanimous verdict before a finding of guilty of the offense can be rendered in his case, and that if tried in magistrate's or municipal court, the case would be tried in front of six jurors who must reach a unanimous verdict before a finding of guilty of the offense can be reached in his case."

Time effective

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

Approved the 29th day of July, 1994.