South Carolina General Assembly
110th Session, 1993-1994

Bill 4624


                    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

History

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 Committee
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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.