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Current Status Bill Number:View additional legislative information at the LPITS web site.335 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010215 Primary Sponsor:Reese All Sponsors:Reese Drafted Document Number:l:\council\bills\nbd\11241ac01.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Magistrate, municipal judges; money from fraudulent check court costs; money used for capital improvements to court History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010215 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 14-1-212 AND 14-1-213 SO AS TO PROVIDE THAT EIGHT AND EIGHTY-EIGHT ONE-HUNDREDTHS OF A PERCENT OF ALL MONEY COLLECTED BY MAGISTRATES AND MUNICIPAL JUDGES, RESPECTIVELY, FOR FRAUDULENT CHECK COURT COSTS MUST BE RETAINED AND USED EXCLUSIVELY FOR CAPITAL IMPROVEMENTS TO THE COUNTY'S MAGISTRATE COURT SYSTEM OR THE MUNICIPALITIES COURT SYSTEM; TO AMEND SECTIONS 34-11-70 AND 34-11-90, BOTH AS AMENDED, RELATING TO ADMINISTRATIVE COSTS AND COURT COSTS IN CONNECTION WITH PROSECUTION AND SENTENCING FOR DRAWING FRAUDULENT CHECKS, SO AS TO INCREASE THE MAXIMUM COST FROM FORTY-ONE DOLLARS TO FORTY-FIVE DOLLARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 14-1-212. Eight and eighty-eight one-hundredths of a percent of all money collected as administrative costs by magistrates pursuant to Sections 34-11-70(b) and (c) and 34-11-90(c) and (d) must be retained by each county to which that administrative cost is paid to be used exclusively for capital improvements to the magistrate court system in that county. No part of these funds may be used for salaries or personnel costs. all unused funds must be carried forward from year to year and used exclusively for capital improvements to the magistrate court system in that county. All unused funds must be separately identified in the county's adopted budget as funds unused and carried forward from previous years. Each county's chief magistrate shall determine the best use of these funds with the advice and consent of the county's governing body."
SECTION 2. The 1976 Code is amended by adding:
"Section 14-1-213. Eight and eighty-eight one-hundredths of a percent of all money collected as administrative costs by municipal judges pursuant to Sections 34-11-70(b) and (c) and 34-11-90(c) and (d) must be retained by each municipality to which that administrative costs is paid to be used exclusively for capital improvements to that municipality's court system. No part of these funds may be used for salaries or personnel costs. All unused funds must be carried forward from year to year and used exclusively for capital improvements to that municipality's court system. All unused funds must be separately identified in the municipality's adopted budget as funds unused and carried forward from previous years. Each municipality's chief municipal court judge shall determine the best use of these funds with the advice and consent of the municipality's governing body."
SECTION 3. Section 34-11-70(b) and (c) of the 1976 Code, as last amended by Act 226 of 2000, is further amended to read:
"(b) Any court, including magistrate's, may dismiss a case under the provisions of this chapter for want of prosecution. When any prosecutions are initiated under this chapter, the party applying for the warrant is held liable for all reasonable administrative costs accruing not to exceed forty-one forty-five dollars if the case is dismissed for want of prosecution. Unless waived by the court, the party applying for the warrant shall notify, orally or otherwise, the court not less than twenty-four hours before the date and time set for trial that full restitution has been made in connection with the warrant, and the notification relieves that party of the responsibility of prosecution.
(c) Any court, including magistrate's, may dismiss any prosecution initiated pursuant to the provisions of this chapter on satisfactory proof of restitution and payment by the defendant of all administrative costs accruing not to exceed forty-one forty-five dollars submitted before the date set for trial after the issuance of a warrant."
SECTION 4. Section 34-11-90(c) and (d) of the 1976 Code, as last amended by Act 226 of 2000, is further amended to read:
"(c) After a first offense conviction for drawing and uttering a fraudulent check or other instrument in violation of Section 34-11-60 within its jurisdiction, the court shall, at the time of sentence, suspend the imposition or execution of a sentence upon a showing of satisfactory proof of restitution and payment by the defendant of all reasonable court costs accruing not to exceed forty-one forty-five dollars. For a second or subsequent conviction for a violation of Section 34-11-60, the suspension of the imposition or execution of the sentence is discretionary with the court.
(d) After a conviction or plea for drawing and uttering a fraudulent check or other instrument in violation of Section 34-11-60 and the defendant is charged or fined, he shall pay in addition to the fine all reasonable court costs accruing, not to exceed forty-one forty-five dollars, and the service charge provided in Section 34-11-70."
SECTION 5. This act takes effect July 1, 2001.
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