Current Status Bill Number:580 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950228 Primary Sponsor:Reese All Sponsors:Reese Drafted Document Number:GJK\21475SD.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Magistrate's power of arrest
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950228 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
TO REENACT SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S POWER OF ARREST FOR CERTAIN CRIMES COMMITTED IN HIS PRESENCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-5-120 of the 1976 Code, which was repealed by Act 520 of 1994, is reenacted to read:
"Section 22-5-120. A magistrate shall arrest and commit, if necessary, a person who, in his presence, perpetrates a crime. In making the arrest, the magistrate may command a constable, bystander, or the posse comitatus, as the emergency may require. A person who refuses to aid in the arrest when required by the magistrate 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 2. This act takes effect upon approval by the Governor.