H*4215(Rat #0347, Act #0269 of 2010)  General Bill, By Harrison, McLeod and 
Weeks
 AN ACT TO AMEND SECTION 18-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE APPEAL OF A DECISION OF A MAGISTRATE, SO AS TO PROVIDE THAT AN
 APPELLANT MUST FILE A NOTICE OF APPEAL WITH THE CLERK OF THE CIRCUIT COURT AND
 SERVE NOTICE UPON THE DESIGNATED AGENT FOR THE PROSECUTING AGENCY OR ATTORNEY
 WHO PROSECUTED THE CHARGE IN ADDITION TO THE MAGISTRATE WHO TRIED THE CASE. -
 ratified title

   11/17/09  House  Prefiled
   11/17/09  House  Referred to Committee on Judiciary
   01/12/10  House  Introduced and read first time HJ-32
   01/12/10  House  Referred to Committee on Judiciary HJ-33
   02/25/10  House  Member(s) request name added as sponsor: McLeod
   03/24/10  House  Committee report: Favorable Judiciary HJ-32
   04/15/10  House  Member(s) request name added as sponsor: Weeks
   04/20/10  House  Requests for debate-Rep(s). Simrill, AD Young,
                     Rutherford, Toole, Duncan, Merrill, Daning,
                     Crawford, Weeks, GM Smith, JE Smith, JH Neal,
                     Jefferson, Loftis, Hutto, King, and Knight HJ-23
   04/27/10  House  Read second time HJ-87
   04/27/10  House  Roll call Yeas-77  Nays-24 HJ-87
   04/28/10  House  Read third time and sent to Senate HJ-60
   04/29/10  Senate Introduced and read first time
   04/29/10  Senate Referred to Committee on Judiciary
   05/03/10  Senate Referred to Subcommittee: L.Martin (ch), Rankin,
                     Hutto, Bright, Davis
   05/19/10  Senate Committee report: Favorable with amendment
                     Judiciary SJ-33
   05/20/10  Senate Committee Amendment Adopted SJ-38
   05/20/10  Senate Amended SJ-38
   05/20/10  Senate Read second time SJ-38
   05/25/10  Senate Read third time and returned to House with
                     amendments SJ-28
   05/26/10  House  Non-concurrence in Senate amendment HJ-50
   06/01/10  Senate Senate insists upon amendment and conference
                     committee appointed Hutto, Massey, and Davis SJ-92
   06/02/10  House  Conference committee appointed Reps. Kelly, Cole,
                     and McLeod HJ-62
   06/03/10  Senate Free conference powers granted SJ-48
   06/03/10  Senate Free conference committee appointed Hutto,
                     Massey, and Davis SJ-49
   06/03/10  Senate Free conference report adopted SJ-51
   06/15/10  House  Free conference powers granted HJ-165
   06/15/10  House  Free conference committee appointed Reps. Kelly,
                     McLeod, and Cole HJ-166
   06/15/10  House  Free conference report received and adopted HJ-166
   06/15/10  House  Ordered enrolled for ratification HJ-170
   06/21/10         Ratified R 347
   06/24/10         Signed By Governor
   07/02/10         Effective date 06/24/10
   07/08/10         Act No. 269

(A269, R347, H4215)

AN ACT TO AMEND SECTION 18-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPEAL OF A DECISION OF A MAGISTRATE, SO AS TO PROVIDE THAT AN APPELLANT MUST FILE A NOTICE OF APPEAL WITH THE CLERK OF THE CIRCUIT COURT AND SERVE NOTICE UPON THE DESIGNATED AGENT FOR THE PROSECUTING AGENCY OR ATTORNEY WHO PROSECUTED THE CHARGE IN ADDITION TO THE MAGISTRATE WHO TRIED THE CASE.

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

Magistrates court, notice of appeal

SECTION    1.    Section 18-3-30 of the 1976 Code is amended to read:

"Section 18-3-30.    (A)    The appellant, within ten days after sentence, shall file notice of appeal with the clerk of circuit court and shall serve notice of appeal upon the magistrate who tried the case and upon the designated agent for the prosecuting agency or attorney who prosecuted the charge, stating the grounds upon which the appeal is founded.

(B)    A person convicted in magistrates court who pays a fine assessed by the court does not waive his right of appeal and, upon proper notice, may appeal his conviction within the time allotted in this section."

Savings clause

SECTION    2.    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.

Time effective

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

Ratified the 21st day of June, 2010.

Approved the 24th day of June, 2010.