South Carolina General Assembly
112th Session, 1997-1998

Bill 772


                    Current Status

Bill Number:                    772
Ratification Number:            353
Act Number:                     301
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19970521
Primary Sponsor:                Holland
All Sponsors:                   Holland, Bryan and Courson 
Drafted Document Number:        jud6003.dhh
Date Bill Passed both Bodies:   19980401
Governor's Action:              S
Date of Governor's Action:      19980527
Subject:                        Magistrates allowed to compel
                                attendance of witness residing in
                                county, provisions; Courts

History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19980611  Act No. A301
------  19980527  Signed by Governor
------  19980521  Ratified R353
House   19980401  Read third time, enrolled for
                  ratification
House   19980331  Read second time
House   19980325  Committee report: Favorable              25 HJ
House   19980128  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19980128  Read third time, sent to House
Senate  19980127  Read second time, notice of
                  general amendments
Senate  19980121  Committee report: Favorable              11 SJ
Senate  19970521  Introduced, read first time,             11 SJ
                  referred to Committee


View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A301, R353, S772)

AN ACT TO AMEND SECTION 22-3-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPELLING ATTENDANCE OF A WITNESS, SO AS TO ALLOW A MAGISTRATE TO COMPEL THE ATTENDANCE OF ANY WITNESS RESIDING IN THE COUNTY INSTEAD OF ANY WITNESS RESIDING NOT MORE THAN TWENTY MILES FROM THE MAGISTRATE'S LOCATION; TO PROVIDE IF THE WITNESS FAILS OR REFUSES TO ATTEND OR GIVE EVIDENCE WITHOUT GOOD CAUSE SHOWN THAT THE MAGISTRATE MAY FIND HIM IN CONTEMPT AND SENTENCE HIM UP TO THE CRIMINAL JURISDICTIONAL LIMIT IMPOSED ON MAGISTRATES' COURTS; AND TO DELETE CERTAIN OBSOLETE REFERENCES.

Be it enacted by the General Assembly of the State of South Carolina:

Compelling attendance of witnesses who reside in county

SECTION 1. Section 22-3-930 of the 1976 Code is amended to read:

Section 22-3-930. Any magistrate, on the application of a party to a cause pending before the magistrate, must issue a summons citing any person whose testimony may be required in the cause and who resides in the county to appear before the magistrate at a certain time and place to give evidence. This summons must be served in a manner such that it is received by the witness at least one day before his attendance is required. If the witness fails or refuses to attend, the magistrate may issue a rule to show cause commanding the witness to be brought before the magistrate or, if any witness attending refuses to give evidence without good cause shown, the magistrate may punish the witness for contempt by imposition of a sentence up to the limits imposed on magistrates' courts in Section 22-3-550.

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 27th day of May, 1998.