S*0772(Rat #0353, Act #0301 of 1998)  General Bill, By Holland, Bryan and 
Courson
 A BILL TO AMEND SECTION 22-3-930, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO COMPELLING ATTENDANCE OF A WITNESS, SO AS TO ALLOW A MAGISTRATE TO
 COMPEL THE ATTENDANCE OF ANY WITNESS RESIDING IN THE COUNTY INSTEAD OF ANY
 WITNESS RESIDING NOT MORE THAN TWENTY MILES FROM THE MAGISTRATE'S LOCATION; TO
 PROVIDE IF THE WITNESS FAILS OR REFUSES TO ATTEND OR GIVE EVIDENCE WITHOUT
 GOOD CAUSE SHOWN THAT THE MAGISTRATE MAY FIND HIM IN CONTEMPT AND SENTENCE HIM
 UP TO THE CRIMINAL JURISDICTIONAL LIMIT IMPOSED ON MAGISTRATES' COURTS; AND TO
 DELETE CERTAIN OBSOLETE REFERENCES.

   05/21/97  Senate Introduced and read first time SJ-9
   05/21/97  Senate Referred to Committee on Judiciary SJ-9
   01/21/98  Senate Committee report: Favorable Judiciary SJ-6
   01/27/98  Senate Read second time SJ-343
   01/27/98  Senate Ordered to third reading with notice of
                     amendments SJ-343
   01/28/98  Senate Read third time and sent to House SJ-17
   01/28/98  House  Introduced and read first time HJ-18
   01/28/98  House  Referred to Committee on Judiciary HJ-18
   03/25/98  House  Committee report: Favorable Judiciary HJ-16
   03/31/98  House  Read second time HJ-14
   04/01/98  House  Read third time and enrolled HJ-22
   05/21/98         Ratified R 353
   05/27/98         Signed By Governor
   06/08/98         Effective date 05/27/98
   06/08/98         Copies available
   06/08/98         Act No. 301

AN ACT TO AMEND SECTION 22-3-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPELLING ATTENDANCE OF A WITNESS, SO AS TO ALLOW A MAGISTRATE TO COMPEL THE ATTENDANCE OF ANY WITNESS RESIDING IN THE COUNTY INSTEAD OF ANY WITNESS RESIDING NOT MORE THAN TWENTY MILES FROM THE MAGISTRATE'S LOCATION; TO PROVIDE IF THE WITNESS FAILS OR REFUSES TO ATTEND OR GIVE EVIDENCE WITHOUT GOOD CAUSE SHOWN THAT THE MAGISTRATE MAY FIND HIM IN CONTEMPT AND SENTENCE HIM UP TO THE CRIMINAL JURISDICTIONAL LIMIT IMPOSED ON MAGISTRATES' COURTS; AND TO DELETE CERTAIN OBSOLETE REFERENCES.

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

Compelling attendance of witnesses who reside in county

SECTION 1. Section 22-3-930 of the 1976 Code is amended to read:

Section 22-3-930. Any magistrate, on the application of a party to a cause pending before the magistrate, must issue a summons citing any person whose testimony may be required in the cause and who resides in the county to appear before the magistrate at a certain time and place to give evidence. This summons must be served in a manner such that it is received by the witness at least one day before his attendance is required. If the witness fails or refuses to attend, the magistrate may issue a rule to show cause commanding the witness to be brought before the magistrate or, if any witness attending refuses to give evidence without good cause shown, the magistrate may punish the witness for contempt by imposition of a sentence up to the limits imposed on magistrates' courts in Section 22-3-550.

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 27th day of May, 1998.