Current Status Introducing Body:House Bill Number:5052 Primary Sponsor:Rudnick Committee Number:25 Type of Legislation:GB Subject:Magistrate jurisdiction, dismissal of offense Residing Body:House Current Committee:Judiciary Computer Document Number:GJK/20749SD.94 Introduced Date:19940412 Last History Body:House Last History Date:19940412 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rudnick G. Brown Harwell R. Smith Stone Allison Thomas Davenport Stoddard Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
5052 House 19940412 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES, SO AS TO PROVIDE THAT A MAGISTRATE MAY DISMISS WITHOUT PREJUDICE ANY OFFENSE OVER WHICH HE HAS JURISDICTION IN WHICH THE PROSECUTING ATTORNEY OR THE LAW ENFORCEMENT OFFICERS INVOLVED, OR BOTH, FAIL TO APPEAR FOR TRIAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-3-550 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 22-3-550. Magistrates have jurisdiction of all offenses which may be subject to the penalties of either fine or forfeiture not exceeding five hundred dollars or imprisonment in the jail or workhouse not exceeding thirty days and may impose any sentence within those limits, singly or in the alternative. In addition, a magistrate may order restitution he considers appropriate.
In addition, a magistrate may dismiss without prejudice any offense over which he has jurisdiction in which the prosecuting attorney or the law enforcement officers involved, or both, fail to appear for trial."
SECTION 2. This act takes effect upon approval by the Governor.