Current Status Introducing Body:House Bill Number:4624 Ratification Number:595 Act Number:499 Primary Sponsor:Tucker Type of Legislation:GB Subject:Criminal cases, magistrate's court Date Bill Passed both Bodies:19940602 Computer Document Number:JIC/5422HC.94 Governor's Action:S Date of Governor's Action:19940729 Introduced Date:19940127 Date of Last Amendment:19940525 Last History Body:------ Last History Date:19940729 Last History Type:Act No. 499 Scope of Legislation:Statewide All Sponsors:Tucker G. Brown Haskins Townsend D. Smith G. Bailey Harrison Harwell Vaughn J. Wilder Carnell Davenport Inabinett Hodges Law R. Young Rogers Harvin Moody-Lawrence A. Young Stuart Cato Gonzales D. Wilder Meacham Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 4624 ------ 19940729 Act No. 499 4624 ------ 19940729 Signed by Governor 4624 ------ 19940602 Ratified R 595 4624 House 19940602 Concurred in Senate amendment, enrolled for ratification 4624 Senate 19940526 Read third time, returned to House with amendment 4624 Senate 19940525 Amended, read second time, ordered to third reading with notice of general amendments 4624 Senate 19940518 Committee Report: Favorable 11 with amendment 4624 Senate 19940428 Introduced, read first time, 11 referred to Committee 4624 House 19940427 Read third time, sent to Senate 4624 House 19940426 Read second time 4624 House 19940406 Recalled from Committee 25 4624 House 19940127 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
(A499, R595, H4624)
AN ACT TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY AUTHORITY TO TRANSFER CRIMINAL CASES FROM GENERAL SESSIONS COURT TO A MAGISTRATE'S COURT IF THE PENALTY FOR THE OFFENSE IS A FINE NOT EXCEEDING FIVE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH, SO AS TO MAKE PERMANENT THE AUTHORITY TO TRANSFER THESE CASES AND TO PROVIDE THAT THE TRANSFER PETITION AND NOTICE OF OBJECTION MAY BE FILED WITH A CIRCUIT COURT JUDGE RATHER THAN THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE.
Be it enacted by the General Assembly of the State of South Carolina:
Made permanent
SECTION 1. Section 22-3-545(A) of the 1976 Code, as last amended by Act 174 of 1993, is further amended to read:
"(A) Notwithstanding the provisions of Sections 22-3-540 and 22-3-550, 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."
Transfers and objections
SECTION 2. Section 22-3-545(B)(1) of the 1976 Code, as last amended by Act 174 of 1993, is further amended to read:
"(B)(1) The solicitor, upon ten days' written notice to the defendant, may petition a circuit 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. The solicitor's notice must fully apprise the defendant of his right to have his case heard in general sessions court. The notice must include the difference in jury size in magistrate's or municipal court and in general sessions court. Both parties must have the opportunity to be heard by the circuit court judge, and the case may be transferred from the general sessions court unless the defendant objects after notification by the solicitor pursuant to the provisions of this item. The objection may be made orally or in writing at any time prior to the trial of the case. The objection may be made to the circuit court judge who granted the petition, the trial judge, or the solicitor. Before impanelling the jury, the trial judge must receive an affirmative waiver by the defendant, if present, of his right to have the case tried in general sessions court. The defendant must be informed that, if tried in general sessions court, the case would be tried in front of twelve jurors who must reach a unanimous verdict before a finding of guilty of the offense can be rendered in his case, and that if tried in magistrate's or municipal court, the case would be tried in front of six jurors who must reach a unanimous verdict before a finding of guilty of the offense can be reached in his case."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 29th day of July, 1994.