Current Status Bill Number:101 Ratification Number:215 Act Number:138 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Leventis All Sponsors:Leventis, Ryberg, Rose, Elliott, Giese Drafted Document Number:GJK\21052SD.95 Date Bill Passed both Bodies:19950613 Date of Last Amendment:19950613 Governor's Action:S Date of Governor's Action:19950628 Subject:Criminal offenses, magistrates' jurisdiction
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19950628 Act No. A138
------ 19950628 Signed by Governor
------ 19950615 Ratified R215
House 19950613 Ordered enrolled for ratification
Senate 19950613 Free Conference Committee Report 89 SFCC
adopted
Senate 19950613 Free Conference Powers granted, 89 SFCC Stilwell
appointed Senators to Committee Holland
of Free Conference Moore
House 19950601 Free Conference Committee Report 99 HFCC
adopted
House 19950601 Free Conference Powers granted, 99 HFCC Jennings
appointed Reps. to Committee of Cobb-Hunter
Free Conference Fleming
Senate 19950601 Appointed Senator to Committee 88 SCC Stilwell
of Conference
Senate 19950601 Senator withdrawn from Committee of 88 SCC Courson
Conference
House 19950531 Conference powers granted, 98 HCC Jennings
appointed Reps. to Committee of Cobb-Hunter
Conference Fleming
Senate 19950531 Conference powers granted, 88 SCC Moore
appointed Senators to Committee Holland
of Conference Courson
Senate 19950531 Insists upon amendment
House 19950531 Non-concurrence in Senate amendment
Senate 19950531 House amendments amended,
returned to House with amendment
House 19950525 Read third time, returned to Senate
with amendment
House 19950524 Amended, read second time
House 19950524 Reconsidered vote whereby
debate was adjourned
House 19950524 Debate adjourned
House 19950518 Committee report: Favorable with 25 HJ
amendment
House 19950215 Introduced, read first time, 25 HJ
referred to Committee
Senate 19950214 Read third time, sent to House
Senate 19950209 Amended, read second time
Senate 19950208 Committee report: Favorable with 11 SJ
amendment
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941003 Prefiled, referred to Committee 11 SJ
View additional legislative information at the LPITS web site.
(A138, R215, S101)
AN ACT 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 AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO REVISE THE CRIMINAL OFFENSES OVER WHICH MAGISTRATES HAVE JURISDICTION AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, AND TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM FRAUDULENT CHECK OR SHOPLIFTING VIOLATIONS AND TO REQUIRE THE MAGISTRATE TO SPECIFY AN AMOUNT OF RESTITUTION AT THE TIME OF SENTENCING IN THESE CASES AS AN ALTERNATIVE TO ANY IMPRISONMENT OF MORE THAN NINETY DAYS; TO AMEND SECTION 16-25-60, AS AMENDED, RELATING TO PERSONS REQUIRED TO APPEAR BEFORE A JUDGE IN CRIMINAL DOMESTIC VIOLENCE CASES, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS FOR SUSPENDING SENTENCE; TO AMEND SECTION 20-4-70, RELATING TO DURATION OF PROTECTION ORDERS IN DOMESTIC ABUSE CASES, SO AS TO FURTHER PROVIDE FOR THE DURATION AND ENFORCEMENT OF THESE ORDERS; TO AMEND SECTION 34-11-70, AS AMENDED, RELATING TO FRAUDULENT CHECKS, SO AS TO INCREASE THE SERVICE CHARGES WHICH MAY BE IMPOSED IN CONNECTION WITH SUCH CHECKS AND CERTAIN NOTICE REQUIREMENTS UNDER THE SECTION; TO AMEND SECTION 56-5-765, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING MOTOR VEHICLES OR MOTORCYCLES OF LAW ENFORCEMENT AGENCIES, SO AS TO FURTHER PROVIDE FOR THE TYPES OF COLLISIONS TO WHICH THE SECTION APPLIES AND THE AUTHORITY OF THE LAW ENFORCEMENT AGENCY INVOLVED TO INVESTIGATE THE COLLISION; TO ADD SECTION 56-5-2780 SO AS TO PROVIDE THE PENALTIES FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS INCLUDING PROVIDING FOR A FELONY IF THE VIOLATION CAUSES GREAT BODILY INJURY OR DEATH TO A PEDESTRIAN; AND TO AMEND SECTION 56-5-2775, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS AND FOR UNLAWFULLY PASSING OR PROCEEDING AT TRAFFIC OR RAILROAD CROSSINGS, SO AS TO DELETE REFERENCES TO PENALTIES FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS WHICH ARE NOW PROVIDED IN SECTION 56-5-2780.
Be it enacted by the General Assembly of the State of South Carolina:
Jurisdiction and sentencing revised; restitution required
SECTION 1. Section 22-3-550 of the 1976 Code, as last amended by an act of 1995 bearing ratification number 136, is further amended to read:
"Section 22-3-550. Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both. In addition, a magistrate may order restitution he considers appropriate.
However, a magistrate shall not have the power to sentence any person to consecutive terms of imprisonment totaling more than ninety days except for convictions resulting from violations of Chapter 11 of Title 34, pertaining to fraudulent checks, or violations of Section 16-13-110(B)(1), relating to shoplifting. Further, a magistrate must specify an amount of restitution in damages at the time of sentencing as an alternative to any imprisonment of more than ninety days which is lawfully imposed. The provisions of this paragraph do not affect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."
Conditions for suspending sentence revised
SECTION 2. Section 16-25-60 of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:
"Section 16-25-60. (A) Unless the complaint is voluntarily dismissed or the charge is dropped prior to the scheduled trial date, a person charged with a violation provided in this chapter shall appear before a judge for disposition of the case.
(B) When a person is convicted of a violation of Section 16-25-20 or 16-25-50, the court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling.
(C) When a person is convicted of a violation of Section 16-25-40 or 16-25-65, the court may suspend execution of all or part of the sentence and place the offender on probation, conditioned upon:
(1) the offender completing, to the satisfaction of the court, a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling;
(2) fulfillment of all the obligations arising under court order pursuant to Section 20-4-60 and this section;
(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.
(D) In determining whether or not to suspend the imposition or execution of all or part of a sentence as provided in this section, the court must consider the nature and severity of the offense, the number of times the offender has repeated the offense, and the best interests and safety of the victim. A court may require an offender to pay for participation in a program or treatment or counseling as an appropriate term or condition for suspending the imposition or execution of all or part of a sentence."
Duration and enforcement of protection orders
SECTION 3. Section 20-4-70 of the 1976 Code is amended to read:
"Section 20-4-70. (A) An order of protection issued under Section 20-4-60 must be for a fixed time not to exceed one year unless the parties have reconciled as evidenced by an order of dismissal and may be extended or terminated by order of the court upon motion by either party showing good cause with notice to the other party. A respondent has the right to a hearing on the extension of an order issued pursuant to this section within thirty days of the date upon which the order will expire.
(B) Provisions included in an order of protection granting relief pursuant to Section 20-4-60(c) must be enforced until further order of the court following the issuance of the order unless before the expiration of the period the court has scheduled a hearing pursuant to the filing of an action for divorce or separate support and maintenance to determine the temporary rights and obligations of the parties with respect to support of a spouse or children, custody and visitation, or the distribution of personal property. If the hearing has been scheduled, relief granted under Section 20-4-60(c) remains in effect until an order pursuant to the hearing is issued by the court.
(C) The Family Court may modify the terms of any order issued under this section.
(D) An order of protection issued by a magistrate expires as provided under the terms of the order or upon the issuance of a subsequent order by the Family Court, whichever occurs first."
Service charges increased; notice requirement revised
SECTION 4. Section 34-11-70 of the 1976 Code, as last amended by Act 36 of 1991, is further amended to read:
"Section 34-11-70. (a) When a check, a draft, or other written order is not paid by the drawee because the maker or drawer did not have an account with or sufficient funds on deposit with the bank or the person upon which it was drawn when presented or the draft, check, or other written order has an incorrect or insufficient signature on it, and the maker or drawer does not pay the amount due on it, together with a service charge of twenty-five dollars, within ten days after written notice has been sent by certified mail to the address printed on the check or given at the time it is tendered or provided on a check-cashing identification card stating that payment was refused upon the instrument, then it constitutes prima facie evidence of fraudulent intent against the maker. Service charges collected pursuant to this section must be paid to the payee of the instrument.
(1) For purposes of subsection (a), notice must be given by mailing the notice with postage prepaid addressed to the person at the address as printed or written on the instrument. The giving of notice by mail is complete upon the expiration of ten days after the deposit of the notice in the mail. A certificate by the payee that the notice has been sent as required by this section is presumptive proof that the requirements as to notice have been met, regardless of the fact that the notice actually might not have been received by the addressee. The form of notice must be substantially as follows:
You are notified that a check or instrument, numbered ____, issued by you on ____ (date), drawn upon ____ (name of bank), and payable to ____, has been dishonored. Pursuant to South Carolina law, you have ten days from the date this notice was mailed to tender payment of the full amount of the check or instrument plus a service charge of twenty-five dollars, the total amount due being __ dollars and ___ cents. Unless this amount is paid in full within the specified time above, the holder of the check or instrument may turn over the dishonored check or instrument and all other available information relating to this incident to the solicitor or other appropriate officer for criminal prosecution.
(2) When a person instituting prosecution gives notice in substantially similar form provided in item (1) to the person upon which the instrument was drawn and waits ten days from the date notice is mailed before instituting the criminal proceedings, there arises a presumption that the prosecution was instituted for reasonable and probable cause, and the person instituting prosecution is immune from civil liability for the giving of the notice.
(3) A service charge of not more than twenty-five dollars is payable by the drawer of a draft, a check, or other written order to the payee of the instrument when the draft, check, or other written order is presented for payment in whole or in part of a then existing debt including, but not limited to, consumer credit transactions, and is dishonored. This service charge is solely to compensate the payee of the instrument for incurred expenses in processing the dishonored instrument and is not related to a presumption of fraud so that it is not necessary to issue the notice to the person at the address as printed on the instrument set forth in items (1) and (2).
(b) Any court, including magistrate's, may dismiss a case under the provisions of this chapter for want of prosecution. When any prosecutions are initiated under this chapter, the party applying for the warrant is held liable for all reasonable administrative costs accruing not to exceed twenty dollars if the case is dismissed for want of prosecution. Unless waived by the court, the party applying for the warrant shall notify, orally or otherwise, the court not less than twenty-four hours before the date and time set for trial that full restitution has been made in connection with the warrant, and the notification relieves that party of the responsibility of prosecution.
(c) Any court, including magistrate's, may dismiss any prosecution initiated pursuant to the provisions of this chapter on satisfactory proof of restitution and payment by the defendant of all administrative costs accruing not to exceed twenty dollars submitted before the date set for trial after the issuance of a warrant.
(d) For purposes of this chapter, subsequent persons receiving a check, draft, or other written order by endorsement from the original payee or a successor endorsee have the same rights that the original payee has against the maker of the instrument, if the maker of the instrument has the same defenses against subsequent persons as he may have had against the original payee. However, the remedies available under this chapter may be exercised only by one party in interest."
Collisions to which section applies
SECTION 5. Section 56-5-765 of the 1976 Code, as added by Act 439 of 1994, is amended to read:
"Section 56-5-765. (A) When a motor vehicle or motorcycle of a law enforcement agency, except a motor vehicle or motorcycle operated by the South Carolina Department of Public Safety, is involved in a traffic collision that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the State Highway Patrol shall investigate the collision and file a report with findings on whether the agency motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.
(B) When a motor vehicle or motorcycle of the Department of Public Safety is involved in a traffic collision that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the sheriff of the county in which the collision occurred shall investigate the collision, regardless of whether the collision occurred within an incorporated jurisdiction, and file a report with findings on whether the department's motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.
(C) A law enforcement department or agency may not investigate collisions in which a motor vehicle or an employee of that department or agency is involved that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved."
Penalties imposed
SECTION 6. The 1976 Code is amended by adding:
"Section 56-5-2780. (A) A driver of a vehicle violating Section 56-5-2770(a) or (e) is guilty of a misdemeanor and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a first offense must be fined not less than five hundred dollars or imprisoned not more than thirty days. In lieu of imprisonment, the court may require that the individual complete an appropriate term of community service of not fewer than ten days upon terms and conditions the court considers proper. Upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a second or subsequent violation of Section 56-5-2770(a) or (e), a person is guilty of a misdemeanor and must be fined not less than two thousand dollars or more than five thousand dollars or imprisoned for not fewer than thirty days and not more than sixty days.
(B) If a driver of a vehicle violates Section 56-5-2770(a) or (e), and the violation proximately causes great bodily injury or death to a pedestrian, the person is guilty of a felony and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bond, the person must be:
(1) fined not less than five thousand dollars or more than ten thousand dollars and imprisoned for not less than sixty days or more than one year when great bodily injury results;
(2) fined not less than ten thousand dollars or more than twenty-five thousand dollars and imprisoned for not less than one year or more than five years when death results.
As used in this subsection, `great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
The department shall suspend the driver's license of a person who is convicted or who receives a sentence upon a plea of guilty or nolo contendere pursuant to this subsection for the term of imprisonment plus one year."
Applicability of penalties revised
SECTION 7. Section 56-5-2775 of the 1976 Code, as last amended by Act 399 of 1992, is further amended to read:
"Section 56-5-2775. The driver of a vehicle violating the provisions of Section 56-5-2735 is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars or more than two hundred dollars or imprisoned for not more than thirty days."
Time effective
SECTION 8. This act takes effect upon approval by the Governor.
Approved the 28th day of June, 1995.