Current Status Bill Number:
3598Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19950215Primary Sponsor: Klauber,All Sponsors: Klauber, Meacham, Herdklotz, Sandifer, Richardson, Cotty, Inabinett, J. Harris, Allison, Hutson, Lanford, Tripp, Cain, Simrill, Walker, Cato, Lloyd, Huff, Haskins, J. Young and EasterdayDrafted Document Number: gjk\21390sd.95Residing Body: HouseCurrent Committee: Judiciary Committee 25 HJSubject: Magistrates court jurisdiction
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19950215 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT, SO AS TO PROVIDE THAT IF THE CASE IS TRANSFERRED TO MUNICIPAL COURT, THE PORTION OF ANY FINES AND ASSESSMENTS IMPOSED BY THE PRESIDING MUNICIPAL JUDGE THAT WOULD HAVE GONE TO THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED SHALL INSTEAD GO TO THAT MUNICIPALITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-3-545(E) of the 1976 Code, as last amended by Part II, Section 36, Act 497 of 1994, is further amended to read:
"(E) Notwithstanding another provision of law, all fines and assessments imposed by a magistrate or municipal judge presiding pursuant to this section must be distributed as if the fine and assessment were imposed by a circuit court pursuant to Sections 14-1-205 and 14-1-206, provided that if the case is transferred to municipal court, the portion of any fines and assessments imposed by the presiding municipal judge that would have gone to the county in which the municipality is located instead shall go to that municipality. This section must not result in increased compensation to a magistrate or municipal judge presiding over a trial or hearing pursuant to this section or in other additional or increased costs to the county or municipality."
SECTION 2. This act takes effect upon approval by the Governor.