South Carolina General Assembly
112th Session, 1997-1998

Bill 779


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                    Current Status

Bill Number:                       779
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19970522
Primary Sponsor:                   Holland
All Sponsors:                      Holland and Setzler 
Drafted Document Number:           jud4004.dhh
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Municipal law offenders,
                                   requirement trial be held within
                                   seven days deleted; Courts,
                                   Political Subdivisions



History


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

House   19980128  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19980128  Read third time, sent to House
Senate  19980127  Read second time
Senate  19980121  Committee report: Favorable              11 SJ
Senate  19970522  Introduced, read first time,             11 SJ
                  referred to Committee

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

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COMMITTEE REPORT

January 21, 1998

S. 779

Introduced by Senators Holland and Setzler

S. Printed 1/21/98--S.

Read the first time May 22, 1997.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 779), to amend Section 5-7-90, Code of Laws of South Carolina, 1976, relating to trial of persons charged with violations of municipal laws and ordinances, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass:

DONALD H. HOLLAND, for Committee.

A BILL

TO AMEND SECTION 5-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRIAL OF PERSONS CHARGED WITH VIOLATIONS OF MUNICIPAL LAWS AND ORDINANCES, SO AS TO DELETE THE REQUIREMENT THAT TRIAL BE HELD WITHIN SEVEN DAYS.

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

SECTION 1. Section 5-7-90 of the 1976 Code is amended to read:

"Section 5-7-90. The mayor or municipal judge or judges of any municipality shall speedily try all persons charged with violations of the ordinances of the municipality or the laws of the State within their jurisdiction in a summary manner without a jury unless jury trial is demanded by the accused. Trial shall be held within seven days after such arrest or at such time as may be agreed upon, in which event the trial shall be deferred. The mayor or municipal judge shall have the same power as a magistrate to compel the attendance of witnesses and require them to give evidence upon the trial before them of any person for the violation of ordinances of the municipality or the laws of this State subject to Section 5-7-30."

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

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