Current Status Introducing Body:House Bill Number:3778 Primary Sponsor:Rogers Committee Number:25 Type of Legislation:GB Subject:General sessions to magistrate's court Residing Body:House Current Committee:Judiciary Companion Bill Number:455 Date Tabled:19940215 Computer Document Number:BBM/10230DW.93 Introduced Date:19930325 Last History Body:House Last History Date:19940215 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:Rogers Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
3778 House 19940215 Tabled in Committee 25
3778 House 19930325 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, SO AS TO DELETE TEMPORARY EFFECTIVENESS OF THE SECTION, PROVIDE THAT A CASE MAY BE TRANSFERRED FROM THE GENERAL SESSIONS COURT UNLESS THE DEFENDANT OBJECTS ON THE RECORD AFTER NOTIFICATION BY THE SOLICITOR RATHER THAN REQUIRING THE DEFENDANT TO AGREE IN WRITING TO THE TRANSFER AND PROVIDE THAT THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE IN THE CIRCUIT SHALL SET THE TERMS OF COURT AND ORDER THE MAGISTRATES AND MUNICIPAL JUDGES TO HOLD TERMS OF COURT ON SPECIFIC TIMES AND DATES FOR THE DISPOSITION OF THESE CASES, AND TO REPEAL SECTION 2 OF ACT 310 OF 1992 RELATING TO THE REQUIREMENT THAT THE COMMISSION ON PROSECUTION COORDINATION MUST COMPILE DATA ON THE NUMBER OF CASES TRANSFERRED UNDER THE PROVISION OF SECTION 22-3-545 AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 1, 1994.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-3-545 of the 1976 Code, as last amended by Act 310 of 1992, is further amended to read:
"Section 22-3-545. (A) Notwithstanding the provisions of Sections 22-3-540 and 22-3-550 and effective from July 1, 1992 until July 1, 1993, a criminal case, the penalty for which the crime in the case does not exceed five thousand dollars or one year imprisonment, or both, may be transferred from general sessions court if the provisions of this section are followed.
(B) (1) The solicitor, upon ten days' written notice to the defendant, may petition the chief administrative criminal court judge in the circuit to transfer one or more cases from the general sessions court docket to a docket of a magistrate's or municipal court in the circuit for disposition. Both parties must have the opportunity to be heard by the chief administrative judge and the case may not be transferred from the general sessions court unless the defendant agrees in writing to the transfer objects on the record after notification by the solicitor pursuant to the provisions of this item.
(2) The judge must consider, but is not limited to, the following factors in granting the petition for transfer:
(a) case workload;
(b) age of the case;
(c) the speedy disposition of the case.
(3) A case transferred to a magistrate's or municipal court not disposed of in one hundred eighty days from the date of transfer automatically reverts to the docket of the general sessions court.
(C) All cases transferred to magistrate's or municipal court must be prosecuted by the solicitor's office. The chief administrative criminal court judge in the circuit shall set the terms of court and order the magistrates and municipal judges to hold terms of court on specific times and dates for the disposition of these cases.
(D) Provision for an adequate record must be made by the solicitor's office.
(E) Notwithstanding any other provision of law, all fines imposed by a magistrate or municipal judge presiding pursuant to this section must be distributed as if the fine were imposed by a circuit court pursuant to Section 20-7-1510. However, these fines are also subject to the provisions of Section 56-5-2940. This section must not result in increased compensation to a magistrate presiding over a trial or hearing pursuant to this section or in other additional or increased costs to the county."
SECTION 2. Section 2 of Act 310 of 1992 is repealed.
SECTION 3. This act takes effect upon approval by the Governor.