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Current Status Bill Number:View additional legislative information at the LPITS web site.3035 Ratification Number:146 Act Number:78 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990112 Primary Sponsor:Knotts All Sponsors:Knotts Drafted Document Number:l:\council\bills\bbm\10041som99.doc Companion Bill Number:223 Date Bill Passed both Bodies:19990602 Date of Last Amendment:19990602 Governor's Action:S Date of Governor's Action:19990611 Subject:Courts, municipal and magistrate; may order restitution in amount not to exceed five thousand dollars, appeals History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 19990702 Act No. A78 ------ 19990611 Signed by Governor ------ 19990609 Ratified R146 Senate 19990602 Ordered enrolled for ratification House 19990602 Free Conference Committee Report 99 HFCC adopted House 19990602 Free Conference Powers granted, 99 HFCC F. Smith appointed Reps. to Committee of Hawkins Free Conference Knotts Senate 19990602 Free Conference Committee Report 89 SFCC adopted Senate 19990602 Free Conference Powers granted, 89 SFCC Bryan appointed Senators to Committee Wilson of Free Conference Hutto Senate 19990527 Conference powers granted, 88 SCC Bryan appointed Senators to Committee Wilson of Conference Hutto House 19990526 Conference powers granted, 98 HCC F. Smith appointed Reps. to Committee of Hawkins Conference Knotts House 19990526 Insists upon amendment Senate 19990526 Non-concurrence in House amendment House 19990525 Senate amendments amended, returned to Senate with amendment Senate 19990519 Amended, read third time, returned to House with amendment Senate 19990513 Read second time, notice of general amendments Senate 19990512 Recalled from Committee, 11 SJ placed on the Calendar Senate 19990304 Introduced, read first time, 11 SJ referred to Committee House 19990303 Read third time, sent to Senate House 19990302 Amended, read second time House 19990225 Committee report: Favorable with 25 HJ amendment House 19990112 Introduced, read first time, 25 HJ referred to Committee House 19981209 Prefiled, referred to Committee 25 HJ Versions of This Bill Revised on February 25, 1999 - Word format Revised on March 2, 1999 - Word format Revised on May 12, 1999 - Word format Revised on May 19, 1999 - Word format Revised on May 25, 1999 - Word format Revised on June 2, 1999 - Word format
(A78, R146, H3035)
AN ACT TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE, SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS IN ADDITION TO CRIMINAL PENALTIES, SET A PAYMENT SCHEDULE, AND HOLD A PARTY IN CONTEMPT FOR FAILURE TO PAY RESTITUTION UNDER CERTAIN CONDITIONS; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S CRIMINAL JURISDICTION, SO AS TO PROVIDE THAT THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS, SET A PAYMENT SCHEDULE, AND HOLD A PARTY IN CONTEMPT FOR FAILURE TO PAY RESTITUTION UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 22-3-1000, AS AMENDED, RELATING TO TIME PERIODS FOR NEW TRIALS AND APPEALS FROM MAGISTRATE'S COURT, SO AS TO EXTEND THE PERIOD FOR APPEAL AND TO PROVIDE THAT THE ORDER OF RESTITUTION MAY BE APPEALED SEPARATELY FROM AN APPEAL RELATING TO THE CONVICTION.
Be it enacted by the General Assembly of the State of South Carolina:
Restitution; not to exceed five thousand dollars; payment schedule; contempt
SECTION 1. Section 14-25-65 of the 1976 Code, as last amended by Act 171 of 1993, is further amended to read:
"Section 14-25-65. If a municipal judge finds a party guilty of violating a municipal ordinance or a state law within the jurisdiction of the court, he may impose a fine of not more than five hundred dollars or imprisonment for thirty days, or both. In addition, a municipal judge may order restitution in an amount not to exceed five thousand dollars. In determining the amount of restitution, the judge shall determine and itemize the actual amount of damage or loss in the order. In addition, the judge may set an appropriate payment schedule.
A municipal judge may hold a party in contempt for failure to pay the restitution ordered if the judge finds the party has the ability to pay."
Restitution; not to exceed five thousand dollars; payment schedule; contempt
SECTION 2. Section 22-3-550 of the 1976 Code, as last amended by Act 138 of 1995, is further amended to read:
"Section 22-3-550. (A) Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both. In addition, a magistrate may order restitution in an amount not to exceed five thousand dollars. In determining the amount of restitution, the judge shall determine and itemize the actual amount of damage or loss in the order. In addition, the judge may set an appropriate payment schedule.
A magistrate may hold a party in contempt for failure to pay the restitution ordered if the judge finds the party has the ability to pay.
(B) However, a magistrate shall not have the power to sentence any person to consecutive terms of imprisonment totaling more than ninety days except for convictions resulting from violations of Chapter 11 of Title 34, pertaining to fraudulent checks, or violations of Section 16-13-110(B)(1), relating to shoplifting. Further, a magistrate must specify an amount of restitution in damages at the time of sentencing as an alternative to any imprisonment of more than ninety days which is lawfully imposed. The provisions of this subsection do not affect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."
Extend time frame for appeal; allow separate appeal for restitution
SECTION 3. Section 22-3-1000 is amended to read:
"Section 22-3-1000. No motion for a new trial may be heard unless made within five days from the rendering of the judgment. The right of appeal from the judgment exists for thirty days after the rendering of the judgment. A magistrate's order of restitution may be appealed within thirty days. The order of restitution may be appealed separately from an appeal, if any, relating to the conviction."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 9th day of June, 1999.
Approved the 11th day of June, 1999.
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