S 0503  General Bill, By Knotts, Ford and Scott
 A BILL TO AMEND SECTION 22-5-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN OTHER
 COUNTIES OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE A WARRANT IS NOT
 REQUIRED TO BE ENDORSED BY A MAGISTRATE IN THE COUNTY WHERE A PERSON CHARGED
 WITH A CRIME RESIDES OR WHERE HE IS LOCATED, TO PROVIDE PROCEDURES FOR SERVING
 A WARRANT, AND TO MAKE CONFORMING CHANGES.
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   02/28/07  Senate Introduced and read first time SJ-15
   02/28/07  Senate Referred to Committee on Judiciary SJ-15
   03/07/07  Senate Referred to Subcommittee:  Martin (ch), Malloy,
                     Campsen, Williams
   01/30/08  Senate Committee report: Favorable with amendment
                     Judiciary SJ-11
   01/31/08  Senate Committee Amendment Adopted SJ-19
   01/31/08  Senate Read second time SJ-19
   02/05/08  Senate Read third time and sent to House SJ-27
   02/06/08  House  Introduced and read first time HJ-9
   02/06/08  House  Referred to Committee on Judiciary HJ-9
   05/21/08  House  Committee report: Favorable with amendment
                     Judiciary HJ-206
   05/28/08  House  Amended HJ-44
   05/28/08  House  Read second time HJ-48
   05/29/08  House  Read third time and returned to Senate with
                     amendments HJ-9
   06/03/08  Senate House amendment amended SJ-51
   06/03/08  Senate Returned to House with amendments SJ-51
   06/05/08  House  Non-concurrence in Senate amendment HJ-66
   06/05/08  Senate Senate insists upon amendment and conference
                     committee appointed  Martin, Hutto, and Campsen SJ-42
   06/05/08  House  Conference committee appointed  Reps. GM Smith,
                     Herbkersman, and FN Smith HJ-189

Indicates Matter Stricken

Indicates New Matter

HOUSE AMENDMENTS AMENDED

June 3, 2008

S. 503

S. Printed 6/3/08--S.

Read the first time February 28, 2007.

TO AMEND SECTION 22-5-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN OTHER COUNTIES OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE A WARRANT IS NOT REQUIRED TO BE ENDORSED BY A MAGISTRATE IN THE COUNTY WHERE A PERSON CHARGED WITH A CRIME RESIDES OR WHERE HE IS LOCATED, TO PROVIDE PROCEDURES FOR SERVING A WARRANT, AND TO MAKE CONFORMING CHANGES.

Amend Title To Conform

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

SECTION    1.    Section 22-5-190 of the 1976 Code, as last amended by Act 246 of 1996, is further amended to read:

"Section 22-5-190.    (A)    A magistrate may endorse a warrant issued by a magistrate of another county when the person charged with a crime in the warrant resides in or is in the another county of the endorsing magistrate is not required to be endorsed by a magistrate in the county where the person resides or another county where he is located, and may be served by a law enforcement officer within the jurisdiction where the person resides or another county where he is located, or a law enforcement officer from the issuing jurisdiction while accompanied by a law enforcement officer in the jurisdiction where the warrant is being served. When a warrant is presented to a magistrate for endorsement, as provided in this section, the magistrate shall authorize the person presenting it or any special constable to execute it within his county.

(B)    Whenever When a warrant is issued by a mayor, recorder, judge, or other proper judicial officer of any municipality requiring entitled by law to issue a warrant for a municipality and that warrant requires the arrest of any a person charged with a violation of a municipal ordinance, or a state statute within the trial jurisdiction of the municipal authorities, and the person sought to be arrested is presently incarcerated in a jail or detention center of the county in which where the municipality is located, law enforcement officers of that municipality with the assistance of law enforcement officials of the county operating the jail or detention center may serve the warrant on that person without the necessity of a magistrate of the county endorsing the warrant as required by this section.

(C)    Except as otherwise provided in subsection (B), whenever a When a warrant is issued by an intendant, mayor, recorder, judge, or other proper judicial officer of any municipality of this State, requiring entitled by law to issue a warrant for a municipality, and that warrant requires the arrest of anyone a person charged with the violation of a municipal ordinance, or of a state statute within the trial jurisdiction of the municipal authorities, and the person sought to be arrested cannot be found within the municipal limits but is within the State, the officer issuing the warrant may send it to the magistrate having jurisdiction over the area in which the person may be found, which magistrate may endorse the warrant, which shall then be executed by the magistrates' constable or the sheriff of the county of the endorsing magistrate the warrant is not required to be endorsed by a magistrate in the county where the person resides or another county where he may be located. The endorsement shall be to the following effect: It shall be addressed to the sheriff or any lawful constable of the county of the endorsing magistrate, directing the officer to arrest the person named in the warrant and bring the person before the endorsing magistrate, to be dealt with according to law. Unless a proper bond is filed with the endorsing magistrate by the person arrested, conditioned upon his or her appearance before the officer originally issuing the warrant, to answer the charges in it, the person arrested shall must be promptly turned over to police officers of the municipality from which where the warrant was originally issued who are hereby empowered to return the person to the municipality involved. A magistrate shall not be required to endorse the warrant when the maximum penalty for each offense charged by the warrant does not exceed ten dollars or when the offense consists of the illegal parking of a motor vehicle.

(D)    All costs, fees, travel, and other expenses in connection with the endorsement and execution of such these warrants shall must be paid by the municipality involved to the appropriate county or officers entitled thereto."

SECTION    2.    Section 22-5-110 of the 1976 Code is amended to read:

"Section 22-5-110.    (A)    Magistrates shall cause to be arrested all persons found within their counties charged with any offense and persons who after committing any an offense within the county escape out of it, examine into treasons, felonies, grand larcenies, high crimes and misdemeanors, commit or bind over for trial those who appear to be guilty of crimes or offenses not within their jurisdiction and punish those guilty of such offenses within their jurisdiction.

(B)    Notwithstanding another provision of law, a person charged with any misdemeanor offense requiring a warrant signed by non-law enforcement personnel to ensure the arrest of a person must be given a courtesy summons."

SECTION    3.    Section 22-3-330 of the 1976 Code, as added by an act of 2008 bearing Ratification Number 314 (S. 1221), is repealed.

SECTION    4.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    5.    Section 22-2-5(A) of the 1976 Code is amended to read:

"(A)    The South Carolina Court Administration, in cooperation with the technical college system, shall select and administer an eligibility examination to test basic skills of persons seeking an initial appointment as magistrate on or after July 1, 2001. In determining the persons to be recommended to the Governor for initial appointments as magistrates on or after July 1, 2001, a senatorial delegation must use the results of these eligibility examinations to assist in its selection of nominees. No person is eligible to be appointed as a magistrate unless he receives a passing score on the eligibility examination. The results of these eligibility examinations are valid for six months one year before and six months one year after the time the appointment is to be made."

SECTION    6.    Section 5-7-12(A) of the 1976 Code is amended to read:

"(A)    The governing body of a municipality or county may upon the request of another governing body or of another political subdivision of the State, including school districts, designate certain officers to be assigned to the duty of a school resource officer and to work within the school systems of the municipality or county. The person assigned as a school resource officer shall have statewide jurisdiction to arrest persons committing crimes in connection with a school activity or school-sponsored event. In all circumstances in which a school resource officer arrests a student for a misdemeanor offense, the officer may issue a courtesy summons to appear to a student involved in the particular incident in connection with a school activity or school-sponsored event. Notwithstanding another provision of law, a student arrested for a misdemeanor offense by a school resource officer must have a bond hearing in magistrate court within twenty-four hours of his arrest. When acting pursuant to this section and outside of the sworn municipality or county of the school resource officer, the officer shall enjoy all authority, rights, privileges, and immunities, including coverage under the workers' compensation laws that he would have enjoyed if operating in his sworn jurisdiction."

SECTION    7.    This act takes effect upon approval by the Governor.