Current Status Introducing Body:
HouseBill Number: 3048Ratification Number: 368Act Number: 328Primary Sponsor: KeyserlingType of Legislation: GBSubject: Uniform traffic ticket, municipal and county ordinancesDate Bill Passed both Bodies: Apr 02, 1992Computer Document Number: 3048Governor's Action: SDate of Governor's Action: Apr 10, 1992Introduced Date: Jan 08, 1991Date of Last Amendment: Mar 31, 1992Last History Body: ------Last History Date: Apr 10, 1992Last History Type: Act No. 328Scope of Legislation: StatewideAll Sponsors: KeyserlingType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 3048 ------ Apr 10, 1992 Act No. 328 3048 ------ Apr 10, 1992 Signed by Governor 3048 ------ Apr 07, 1992 Ratified R 368 3048 House Apr 02, 1992 Concurred in Senate amendment, enrolled for ratification 3048 Senate Mar 31, 1992 Amended, read third time, returned to House with amendment 3048 Senate Mar 25, 1992 Committee Report: Favorable 11 with amendment 3048 Senate Apr 17, 1991 Referred to Committee 11 3048 Senate Apr 16, 1991 Read second time, notice of general amendments 3048 Senate Apr 09, 1991 Committee Report: Favorable 15 3048 Senate Feb 21, 1991 Introduced, read first time, 15 referred to Committee 3048 House Feb 20, 1991 Read third time, sent to Senate 3048 House Feb 19, 1991 Amended, read second time 3048 House Feb 13, 1991 Committee Report: Favorable 25 with amendment 3048 House Jan 08, 1991 Introduced and read first 25 time, referred to Committee 3048 House Dec 12, 1990 Prefiled, referred to 25 CommitteeView additional legislative information at the LPITS web site.
(A328, R368, H3048)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-80 SO AS TO PROVIDE FOR A UNIFORM SUMMONS FOR COUNTIES AND MUNICIPALITIES AND TO PROVIDE A PENALTY FOR FAILURE TO APPEAR IN COURT AFTER A SUMMONS HAS BEEN ISSUED.
Be it enacted by the General Assembly of the State of South Carolina:
County or municipal uniform ordinance summons
SECTION 1. Chapter 7, Title 56 of the 1976 Code is amended by adding:
"Section 56-7-80. (A) Counties and municipalities are authorized to adopt by ordinance and use an ordinance summons as provided herein for the enforcement of county and municipal ordinances. Upon adoption of the ordinance summons, any county or municipal law enforcement officer or code enforcement officer is authorized to use an ordinance summons. Any county or municipality adopting the ordinance summons is responsible for the printing, distributing, monitoring, and auditing of the ordinance summons to be used by that entity.
(B) The uniform ordinance summons may not be used to perform a custodial arrest. No county or municipal ordinance which regulates the use of motor vehicles on the public roads of this State may be enforced using an ordinance summons.
(C) An ordinance summons must cite only one violation per summons and must contain at least the following information:
(1) the name and address of the person or entity charged;
(2) the name and title of the issuing officer;
(3) the time, date, and location of the hearing;
(4) a description of the ordinance the person or entity is charged with violating;
(5) the procedure to post bond; and
(6) any other notice or warning otherwise required by law.
The ordinance summonses must be consecutively and discretely numbered. The ordinance summonses must be audited as part of the annual independent audit required in Section 4-9-150 for counties and in Section 5-7-240 for municipalities, and a separate copy of each audit must be furnished to the chief administrative officer of the county or municipality, as appropriate.
(D) Service of a uniform ordinance summons vests all magistrates' and municipal courts with jurisdiction to hear and dispose of the charge for which the ordinance summons was issued and served.
(E) Any law enforcement officer or code enforcement officer who serves an ordinance summons must allow the person served to proceed without first having to post bond or to appear before a magistrate or municipal judge. Acceptance of an ordinance summons constitutes a person's recognizance to comply with the terms of the summons.
(F) Any person who fails to appear before the court as required by an ordinance summons, without first having posted such bond as may be required or without having been granted a continuance by the court, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days. Any law enforcement agency processing an arrest made pursuant to this subsection must furnish such information to the State Law Enforcement Division as required by Chapter 3 of Title 23.
(G) This statute does not prohibit a county or municipality from enforcing ordinances by means otherwise authorized by law."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 10th day of April, 1992.