Current Status Bill Number:916 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980114 Primary Sponsor:Washington All Sponsors:Washington Drafted Document Number:res1497.mw Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Personal recognizance bond, magistrate may modify in certain cases; Courts
Body Date Action Description Com Leg Involved
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Senate 19980114 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 22-5-310 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF MAGISTRATES OVER CRIMINAL OFFENSES NOT WITHIN THEIR JURISDICTION, SO AS TO AUTHORIZE A MAGISTRATE TO MODIFY THE RECOGNIZANCE OF A PERSON CHARGED WITH AN OFFENSE BEYOND THE MAGISTRATE'S TRIAL JURISDICTION IN CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-5-310 of the 1976 Code is amended to read:
"Section 22-5-310. In criminal matters beyond their jurisdiction to try, magistrates shall sit as examining courts and commit, discharge and, except in capital cases, recognize persons charged with such offenses. If a magistrate recognizes a person charged with an offense beyond his jurisdiction to try, he may modify the recognizance at any time prior to a preliminary hearing, if a preliminary hearing is requested, or at any time before the end of the period within which a preliminary hearing may be requested, if a preliminary hearing is not requested."
SECTION 2. This act takes effect upon approval by the Governor.