S 0282 General Bill, By McConnell, Ford and Davis
 A BILL TO AMEND SECTION 22-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATED TO MAGISTRATES' POWERS AND DUTIES REGARDING THE ISSUANCE OF ARREST
 WARRANTS AND COURTESY SUMMONS, SO AS TO PROVIDE THAT NO ARREST WARRANT SHALL
 BE ISSUED FOR THE ARREST OF A PERSON UNLESS SOUGHT BY A MEMBER OF A LAW
 ENFORCEMENT AGENCY ACTING IN THEIR OFFICIAL CAPACITY; AND TO PROVIDE THAT IF
 AN ARREST WARRANT IS SOUGHT BY SOMEONE OTHER THAN A LAW ENFORCEMENT OFFICER,
 THE COURT MUST ISSUE A COURTESY SUMMONS, EXCEPT WHEN A BUSINESS IS SEEKING AN
 ARREST WARRANT FOR ANY OFFENSE AGAINST THE BUSINESS OR A PERSON IS SEEKING AN
 ARREST WARRANT FOR A FRAUDULENT CHECK, IF THE FRAUDULENT CHECK IS PRESENTED TO
 THE MAGISTRATE AT THE TIME THE WARRANT IS SOUGHT.

   01/15/09  Senate Introduced and read first time SJ-7
   01/15/09  Senate Referred to Committee on Judiciary SJ-7
   01/23/09  Senate Referred to Subcommittee: Hutto (ch), Rose, Shoopman
   05/06/09  Senate Committee report: Favorable with amendment
                     Judiciary SJ-8
   05/07/09  Senate Committee Amendment Amended and Adopted SJ-26
   05/07/09  Senate Read second time SJ-26
   05/08/09         Scrivener's error corrected
   05/12/09  Senate Read third time and sent to House SJ-10
   05/12/09  House  Introduced and read first time HJ-108
   05/12/09  House  Referred to Committee on Judiciary HJ-108
   06/02/10  House  Recalled from Committee on Judiciary HJ-85
   06/03/10         Scrivener's error corrected
   06/03/10  House  Debate adjourned HJ-22

Indicates Matter Stricken

Indicates New Matter

RECALLED

June 2, 2010

S. 282

S. Printed 6/2/10--H.    [SEC 6/3/10 11:47 AM]

Read the first time May 12, 2009.

TO AMEND SECTION 22-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATED TO MAGISTRATES' POWERS AND DUTIES REGARDING THE ISSUANCE OF ARREST WARRANTS AND COURTESY SUMMONS, SO AS TO PROVIDE THAT NO ARREST WARRANT SHALL BE ISSUED FOR THE ARREST OF A PERSON UNLESS SOUGHT BY A MEMBER OF A LAW ENFORCEMENT AGENCY ACTING IN THEIR OFFICIAL CAPACITY; AND TO PROVIDE THAT IF AN ARREST WARRANT IS SOUGHT BY SOMEONE OTHER THAN A LAW ENFORCEMENT OFFICER, THE COURT MUST ISSUE A COURTESY SUMMONS, EXCEPT WHEN A BUSINESS IS SEEKING AN ARREST WARRANT FOR ANY OFFENSE AGAINST THE BUSINESS OR A PERSON IS SEEKING AN ARREST WARRANT FOR A FRAUDULENT CHECK, IF THE FRAUDULENT CHECK IS PRESENTED TO THE MAGISTRATE AT THE TIME THE WARRANT IS SOUGHT.

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

SECTION    1.    Section 22-5-110 of the 1976 Code is amended to read:

"Section 22-5-110.        (A)    Magistrates shall:

(1)    cause to be arrested all persons found within their counties charged with any offense and persons who after committing any offense within the county escapeflee out of it,the county;

(2)    examine into treasons, felonies, grand larcenies, high crimes, and misdemeanors,;

(3)    commit or bind over for trial those who appear to be guilty of crimes or offenses not within their jurisdiction,; and

(4)    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 nonlaw enforcement personnel to ensure the arrest of a person must be given a courtesy summons.

(B)(1)    No arrest warrant shall be issued for the arrest of a person unless sought by a member of a law enforcement agency acting in their official capacity.

(2)    If an arrest warrant is sought by someone other than a law enforcement officer, the court must issue a courtesy summons. This provision does not apply to a business seeking an arrest warrant for any offense against the business, a person seeking an arrest warrant for a fraudulent check, if the fraudulent check is presented to the magistrate at the time the warrant is sought, or offenses involving criminal domestic violence, harassment, or assault and battery of a high and aggravated nature.

(3)    If a defendant named in a courtesy summons fails to appear before the court pursuant to the summons, the court may issue an arrest warrant for the underlying offense based upon the original sworn statement of the affiant who sought the courtesy summons, provided the sworn statement establishes probable cause that the underlying offense was committed."

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