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1218Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20020416Primary Sponsor: FordAll Sponsors: Ford and HuttoDrafted Document Number: l:\council\bills\ggs\22494cm02.docResiding Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: Magistrates' courts, deposit of money in lieu of recognizance; immediate release from custody secured by paying or depositing sum of money with the jail or detention facilityHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020416 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND SECTION 22-5-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACCUSED TO BE TRIED BEFORE A MAGISTRATE BEING ENTITLED TO DEPOSIT MONEY IN LIEU OF RECOGNIZANCE, SO AS TO PROVIDE THAT A PERSON HELD OR INCARCERATED IN A JAIL OR DETENTION CENTER WHO IS ENTITLED TO DEPOSIT A SUM OF MONEY IN LIEU OF ENTERING INTO RECOGNIZANCE UNDER THIS SECTION MAY SECURE HIS IMMEDIATE RELEASE FROM CUSTODY BY PAYING TO OR DEPOSITING THE SUM OF MONEY REQUIRED BY THIS SECTION WITH THE JAIL OR DETENTION FACILITY IN WHICH HE IS BEING HELD, AND TO PROVIDE THAT MONEY PAID TO A JAIL OR DETENTION FACILITY UNDER THE AUTHORITY OF THIS SECTION IS DEEMED PAID TO THE MAGISTRATE OR MUNICIPAL JUDGE IN LIEU OF ENTERING INTO RECOGNIZANCE AND MUST BE ACCOUNTED FOR AND PAID OVER TO THE MAGISTRATE OR MUNICIPAL JUDGE BY THE JAIL OR DETENTION FACILITY FOR DISPOSITION ACCORDING TO LAW.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-5-530 of the 1976 Code is amended to read:
"Section 22-5-530. (A)
All persons A person charged and to be tried before any a magistrate or municipal judge for any a violation of law shall be is entitled to deposit with the magistrate or municipal judge, in lieu of entering into recognizance, a sum of money not to exceed the maximum fine in the case for which such the person is to be tried.
(B) A person held or incarcerated in a jail or detention center who is entitled to deposit a sum of money in lieu of entering into recognizance under this section may secure his immediate release from custody by paying to or depositing the sum of money required by this section with the jail or detention facility in which he is being held.
(C) Money paid to or deposited with a jail or detention facility under the authority of this section is deemed paid to or deposited with the magistrate or municipal judge in lieu of entering into recognizance and must be accounted for and paid over to the magistrate or municipal judge by the jail or detention facility for disposition according to law."
SECTION 2. This act takes effect upon approval by the Governor.
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