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Current Status Bill Number:View additional legislative information at the LPITS web site.4302 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010620 Primary Sponsor:J. Young All Sponsors:J. Young, G.M. Smith and Weeks Drafted Document Number:l:\council\bills\skb\18648som01.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Magistrate, municipal courts; guilty or nolo contendere plea, bond forfeiture; same effect as conviction, Criminal cases History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010620 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND ARTICLE 7, CHAPTER 3 OF TITLE 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURE IN MAGISTRATES' COURT BY ADDING SECTION 22-3-715, SO AS TO PROVIDE THAT ENTRY OF GUILTY PLEA, FORFEITURE OF BOND POSTED, OR ENTRY OF A PLEA OF NOLO CONTENDERE HAS THE SAME EFFECT AS A CONVICTION AFTER TRIAL IN ANY CRIMINAL PROCEEDING WITHIN THE JURISDICTION OF MAGISTRATES' COURT AND TO PROVIDE THE COURT IS PROHIBITED FROM DISPOSING OF THE CASE FOR A TEN-DAY PERIOD FOLLOWING ARREST UNLESS THE DEFENDANT VOLUNTARILY ENTERS A PLEA OR FORFEITS BAIL; TO AMEND SECTION 14-25-45, RELATING TO MUNICIPAL COURT JURISDICTION SO AS TO REFERENCE SECTION 22-3-715; AND TO AMEND SECTION 56-5-6220, RELATING TO THE TEN-DAY PERIOD FOLLOWING AN ARREST FOR A TRAFFIC VIOLATION, SO AS TO MAKE TECHNICAL CHANGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 22-3-715. Notwithstanding any other provision of law, the entry of a plea of guilty, the forfeiture of bond posted, or the entry of a plea of nolo contendere for a violation of any law within the jurisdiction of magistrates' court has the same effect as a conviction after trial under the provisions of those laws. In any case where bail is posted by the defendant, the forfeiture of the bond is not effective until ten days following the date of arrest and the defendant is not required to plead prior to the end of the ten-day period. The provisions of this section do not bar a defendant from voluntarily entering a plea or forfeiting bail within the ten-day period."
SECTION 2. Section 14-25-45 of the 1976 Code is amended to read:
"Section 14-25-45. Each municipal court shall have has jurisdiction to try all cases arising under the ordinances of the municipality for which established. The court shall also have has all such powers, duties and jurisdiction in criminal cases made under state law and conferred upon magistrates. The provisions of Section 22-3-715 apply in municipal court. The court shall have has the power to punish for contempt of court by imposition of sentences up to the limits imposed on municipal courts. The court shall have has no jurisdiction in civil matters."
SECTION 3. Section 56-5-6220 of the 1976 Code is amended to read:
"Section 56-5-6220. Notwithstanding any other provision of law, the entry of any a plea of guilty, the forfeiture of any bail posted, or the entry of a plea of nolo contendere for a violation of the traffic laws of this State or any political subdivision thereof shall have has the same effect as a conviction after trial under the provisions of such the traffic laws. Provided, however, that In any such case where bail is posted by the defendant, no the forfeiture of such bail shall become is not effective until ten days following the date of arrest nor shall and the defendant be is not required to plead prior to the elapse end of such the ten-day period. Provided, further that The provisions of this section shall do not be construed to prohibit bar a defendant from voluntarily entering a plea or forfeiting bail within the ten-day period."
SECTION 4. This act takes effect upon approval by the Governor.
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