Current Status Bill Number:240 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:McConnell All Sponsors:McConnell, Elliott, Rose, O'Dell Drafted Document Number:GJK\21097SD.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:19950518 Subject:Constables, employment by county
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950523 Introduced, read first time, 25 HJ
referred to Committee
Senate 19950519 Read third time, sent to House
Senate 19950518 Amended, read second time,
unanimous consent for third reading
on Friday, 19950519
Senate 19950222 Committee report: majority 11 SJ
favorable, with amendment,
minority unfavorable
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941031 Prefiled, referred to Committee 11 SJ
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
May 18, 1995
S. 240
S. Printed 5/18/95--S.
Read the first time January 10, 1995.
TO AMEND SECTIONS 22-9-10, 22-9-20, 22-9-70, 22-9-80, AND SECTION 22-9-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTABLES, SO AS TO PROVIDE THAT CONSTABLES MAY BE EMPLOYED BY A COUNTY AND IN THE EVENT THE COUNTY CHOOSES NOT TO EMPLOY CONSTABLES, EACH MAGISTRATE MAY APPOINT ONE CONSTABLE WITHIN HIS JURISDICTION, AND TO CONFORM OTHER PERTINENT PROVISIONS OF LAW PERTAINING TO CONSTABLES TO THE ABOVE PROVISIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-9-10 of the 1976 Code is amended to read:
"Section 22-9-10. Constables shall reside in the county, city or township or municipality for which they are elected employed or appointed.
Except as otherwise provided in this Title each magistrate may appoint one person to discharge the duties of constable within the jurisdiction of such magistrate and the constable so appointed shall receive the compensation provided by law. He shall hold his office for the term of two years, subject to removal by the magistrate appointing him. Each county may employ as many constables as necessary to discharge the duties of constable within the county. If the county chooses not to employ constables, each magistrate in the county may appoint one person to discharge the duties of constable within the jurisdiction of the magistrate, and the constable appointed shall receive the compensation provided by law. If the constable is appointed by a magistrate, he shall hold his office for a term of two years, subject to removal by the magistrate appointing him." SECTION 2. Section 22-9-20 of the 1976 Code is amended to read:
"Section 22-9-20. When any a person shall be is elected employed or appointed to the office of constable, he shall repair to the clerk's office of the county and, together with the evidence of his election employment or appointment, he shall lodge his bond in the form prescribed by law in the penalty of five hundred dollars, with good sureties, not less than two nor more than five a five hundred dollar surety bond in favor of the county, to be approved in writing by the clerk. Upon taking the oaths herein prescribed such the person shall be is entitled to a certificate from the clerk that he has filed his bond and taken the requisite oaths and shall thenceforth then be regarded as a regularly qualified constable. No person not so qualified shall exercise the powers of a constable, except as otherwise expressly provided and except that nothing herein contained shall prevent in this section prevents a presiding judge, a magistrate, or a coroner from appointing a constable to act by virtue of such appointment only on a particular occasion, to be specified in writing."
SECTION 3. Section 22-9-50 of the 1976 Code is amended to read:
"Section 22-9-50. When not otherwise specially provided by law, every qualified constable shall be entitled to exercise his office throughout the county in which he may be elected employed or appointed."
SECTION 4. Section 22-9-70 of the 1976 Code is amended to read:
"Section 22-9-70. All or so many of the constables of any county as may be thereto required by the sheriff shall be bound to attend any of the circuit courts, shall be officers of court, and shall perform the appropriate duties and services assigned them by the county in which they are employed or by the sheriff and presiding judge. And each Each constable so attending shall be is entitled to receive the fair compensation of one dollar and fifty cents for each day's attendance."
SECTION 5. Section 22-9-80 of the 1976 Code is amended to read:
"Section 22-9-80. A constable shall faithfully and promptly shall:
(1) execute all processes lawfully directed to him by competent authority; and
(2) make return, on oath, to the person issuing the process, to be endorsed in writing on it, of his proceedings by virtue of it.
Every constable appointed by a magistrate shall be or employed by a county is bound, when required, to execute every lawful order, judgment, and determination of the magistrate or his court."
SECTION 6. Section 22-9-140 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 22-9-140. A constable employed by a county or appointed by a magistrate must execute, when required, every lawful order, judgment, and determination of the magistrate and of any magistrate's court. A constable who fails to perform these duties is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 7. This act takes effect upon approval by the Governor.