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AMENDED--NOT PRINTED IN THE HOUSE
Amt. No. 1 (Doc. No. council\skb\amend\18525SO00)
May 31, 2000
H. 4684
S. Printed 5/30/00--S.
Read the first time April 6, 2000.
TO AMEND CHAPTER 9, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTRADITION PROCEDURES, BY ADDING SECTION 17-9-15, SO AS TO PROVIDE FOR THE EXTRADITION OF A PERSON WHO IS CHARGED IN THE REQUESTING STATE WITH COMMITTING AN ACT IN THIS STATE OR A THIRD STATE WHICH INTENTIONALLY RESULTED IN COMMITTING AN OFFENSE IN THE REQUESTING STATE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 17-9-15. Upon the demand of the executive authority of another state, known as the requesting state, the Governor of this State may surrender a person in this State who is charged in the requesting state with committing an act in this State or a third state which intentionally resulted in committing an offense in the requesting state. The person must be charged in the requesting state in the manner set forth in Section 17-9-10; provided, however, the person need not have been in the requesting state at the time of the commission of the crime in that state and need not have fled from that state. However, the provisions of this chapter not otherwise inconsistent with this section apply to the case."
SECTION 2. Section 23-3-670 of the 1976 Code is amended to read:
"Section 23-3-670. (A) A person who is required to provide a sample pursuant to this article must pay a two hundred and fifty dollar processing fee which may not be waived by the court. If the person is incarcerated, the fee must be paid before the person is paroled or released from confinement and may be garnished from wages the person earns while incarcerated. If the person is not sentenced to a term of confinement, payment of the fee must be a condition of the person's sentence and may be paid in installments if so ordered by the court.
(B) The processing fee assessed pursuant to this section must be remitted to the general fund of the State and credited to the State Law Enforcement Division to offset the expenses SLED incurs in carrying out the provisions of this article."
SECTION 3. Section 14-7-860 of the 1976 Code is amended to read:
"Section 14-7-860. The presiding judge for cause shown may excuse anyone from jury duty at any term of court if he considers it advisable. But no juror who has been drawn to serve at any term of the court may be excused except for good and sufficient cause, which, together with his application, must be filed in the office of the clerk of the court and remain on record. Any woman having a child under seven years of age of whom she has legal custody and the duty of care, who desires to be excused from jury duty, shall furnish an affidavit to the clerk of court stating that she is unable to provide adequate care for the child while performing jury duty and shall be excused from such duty. The provisions of Section 14-7-870 shall not apply to any such woman juror. Upon furnishing an affidavit to the clerk of court requesting to be excused from jury duty, a person must be excused if the person performs services for a business, commercial, or agricultural enterprise, and the person's services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty.
Any person who violates the provisions of this section is guilty of a misdemeanor and upon conviction must be punished by a fine not to exceed one thousand dollars or imprisoned for a term not to exceed thirty days or both."
SECTION 4. Section 14-25-15 of the 1976 Code is amended to read:
"Section 14-25-15. (A) Each municipal judge shall be appointed by the council to serve for a term set by the council not to exceed four years and until his successor is appointed and qualified. His compensation shall be fixed by the council.
(B) The council shall notify South Carolina Court Administration of any persons appointed or reappointed as municipal judges.
(C) Before entering upon the discharge of the duties of his office, each judge shall take and subscribe the oath of office prescribed by Article VI, Section 5, of the South Carolina Constitution.
(D) Notwithstanding any other provision of law relating to the terms and qualifications of municipal judges:
(1) All municipal judges shall complete a training program or pass certification or recertification examinations, or both, pursuant to standards established by the Supreme Court of South Carolina. The examination must be offered at least three times each year. The Chief Justice of the Supreme Court shall establish guidelines for exempting municipal judges from taking an examination based upon experience or education factors.
(a) Municipal judges appointed for the first time on or after the effective date of this act shall complete the training program and pass the certification examination within one year after taking office, or before April 30, 2001, whichever is later.
(b) Municipal judges serving in the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg, as of the effective date of this section, shall pass a certification examination before April 30, 2001.
(c) Municipal judges serving in the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York, as of the effective date of this section, shall pass a certification examination before April 30, 2002.
(d) Every municipal judge shall pass a recertification examination within eight years after passing the initial certification examination and at least once every eight years thereafter.
(2) If any municipal judge does not comply with these training or examination requirements, his office is declared vacant on the date the time expires or when he is notified, as provided in subsection (E), whichever is earlier.
(E) Upon written notification of the Supreme Court or its designee to the affected municipal judge and the council of the failure of the municipal judge to complete the training program or pass the certification examination required pursuant to subsection (D), the municipal judge's office is declared vacant, the municipal judge does not hold over, and the council shall appoint a successor, as provided in Section 14-25-25; however, the council shall not reappoint the current municipal judge who failed to complete the training program or pass the certification examination required pursuant to subsection (D) to a new term or to fill the vacancy in the existing term.
(F) No municipal judge who is admitted to practice in the courts of this State shall practice law in the municipal court for which he is appointed.
(G) All municipal judges shall attend annually the number of approved continuing education hours in criminal law and subject areas related to municipal judges' duties which are required by the Supreme Court of South Carolina. The Chief Justice of the Supreme Court shall establish guidelines for exempting municipal judges from the continuing education hours required by this section based upon experience or education factors."
SECTION 5. Section 14-25-115 of the 1976 Code is amended to read:
"Section 14-25-115. The council of any a municipality may establish the office of ministerial recorder and appoint one or more full-time or part-time ministerial recorders, who shall hold office at the pleasure of the council. Before entering upon the discharge of the duties of the office of ministerial recorder, the person appointed shall take and subscribe the prescribed oath of office and shall be certified by the municipal judge as having been instructed in the proper method of issuing warrants and setting and accepting bonds and recognizances. Ministerial recorders shall have the power to set and accept bonds and recognizances and to issue summonses, subpoenas, arrest warrants, and search warrants in all cases arising under the ordinances of the municipality, and in criminal cases as are now conferred by law upon magistrates, but shall have no other judicial power. Ministerial recorders shall have no other judicial authority."
SECTION 6. The 1976 Code is amended by adding:
"Section 14-25-180. Upon furnishing an affidavit to the clerk of court requesting to be excused from jury duty, a person must be excused if the person performs services for a business, commercial, or agricultural enterprise, and the person's services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty."
SECTION 7. This act takes effect upon approval by the Governor.
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