Bill 4805

                    Current Status

Introducing Body:               House
Bill Number:                    4805
Primary Sponsor:                J. Harris
Committee Number:               11
Type of Legislation:            GB
Subject:                        Chesterfield County, ministerial
                                magistrate
Residing Body:                  Senate
Current Committee:              Judiciary
Computer Document Number:       NO5/8558.BD
Introduced Date:                Apr 30, 1992
Last History Body:              Senate
Last History Date:              May 07, 1992
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   J. Harris
                                K. Burch
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4805  Senate  May 07, 1992  Introduced, read first time,    11
                             referred to Committee
 4805  House   May 05, 1992  Read third time, sent to
                             Senate
 4805  House   May 01, 1992  Read second time
 4805  House   Apr 30, 1992  Unanimous consent for second
                             reading on next Legislative
                             day
 4805  House   Apr 30, 1992  Introduced, read first time,
                             placed on Calendar without
                             reference

INTRODUCED

April 30, 1992

H. 4805

L. Printed 4/30/92--H.

Read the first time April 30, 1992.

A BILL

TO AUTHORIZE THE APPOINTMENT OF A MINISTERIAL MAGISTRATE IN CHESTERFIELD COUNTY.

Whereas, Chesterfield County currently has seven part-time magistrates serving; and

Whereas, under the provisions of Chapter 8, Title 22 of the 1976 Code, Chesterfield County is eligible to have three and one-half full-time equivalent magistrates; and

Whereas, Chesterfield County does not have the full number of magistrates which it is allowed to have under the provisions of Chapter 8, Title 22 of the 1976 Code; and

Whereas, Section 22-2-40 of the 1976 Code provides that in each county a magistrate may be designated by the Governor with the advice and consent of the Senate as a ministerial magistrate with certain limited responsibilities. Now, therefore,

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

SECTION 1. (A) There must be one ministerial magistrate for Chesterfield County who must be appointed by the Governor with the advice and consent of the Senate for a term of four years.

(B) The ministerial magistrate has the following responsibilities:

(1) to issue criminal warrants;

(2) to approve and accept written bonds in criminal matters, or in lieu of written bonds to approve and accept cash bonds;

(3) to order the release of prisoners when proper and adequate bonds have been duly posted; and

(4) to transfer any such warrant and written or cash bond to a magistrate having proper jurisdiction.

(C) The ministerial magistrate shall be available at nighttime and on weekends during such hours as may be designated by the Chief Magistrate.

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