Current Status Introducing Body:House Bill Number:4433 Primary Sponsor:Simrill Committee Number:25 Type of Legislation:GB Subject:Municipal court and general sessions court cases Residing Body:House Current Committee:Judiciary Computer Document Number:GJK/20125SD.94 Introduced Date:19940111 Last History Body:House Last History Date:19940111 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Simrill Meacham Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4433 House 19940111 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, SO AS TO PROVIDE THAT IF A MUNICIPAL COURT AND JUDGE DISPOSES OF THE CASE, THE THREE-FOURTHS SHARE OF THE FINE THAT WOULD HAVE GONE TO THE COUNTY IN WHICH THE PROCEEDING WAS INSTITUTED INSTEAD MUST BE DISTRIBUTED TO THAT MUNICIPALITY, AND MAKE PROVISIONS WHICH STIPULATE THAT THESE TRANSFERS SHALL NOT RESULT IN ANY INCREASED COMPENSATION TO A MAGISTRATE OR IN ANY INCREASED COST TO A COUNTY ALSO APPLY TO MUNICIPAL JUDGES AND MUNICIPALITIES RESPECTIVELY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-3-545(E) of the 1976 Code, as last amended by Act 174 of 1993, is further amended to read:
"(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 provided that if a municipal court and judge disposes of the case, the three-fourths share of the fine that would have gone to the county in which the proceeding was instituted shall instead be distributed to that municipality. 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 or municipal judge presiding over a trial or hearing pursuant to this section or in other additional or increased costs to the county or municipality."
SECTION 2. This act takes effect upon approval by the Governor.