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Bill 457

                    Current Status

Bill Number:                      457
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010314
Primary Sponsor:                  Thomas
All Sponsors:                     Thomas
Drafted Document Number:          l:\council\bills\skb\18240som01.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Magistrates, may issue summons for 
                                  witness who resides in neighboring county 
                                  within fifty miles of county line; Courts


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20010314  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 22-3-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO ISSUE A SUMMONS AND COMPEL THE APPEARANCE OF A WITNESS WHO RESIDES IN THE COUNTY, SO AS TO EXTEND THE MAGISTRATE'S AUTHORITY TO ISSUE A SUMMONS TO APPEAR FOR A WITNESS WHO RESIDES IN A NEIGHBORING COUNTY WITHIN FIFTY MILES OF THE COUNTY LINE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 22-3-930 of the 1976 Code, as last amended by Act 301 of 1998, is further amended to read:

"Section 22-3-930. Any magistrate, on the application of a party to a cause case pending before the magistrate, must issue a summons citing any person whose testimony may be required in the cause case and who resides in the county or in a neighboring county within fifty miles of the county line to appear before the magistrate at a certain time and place to give evidence. This summons must be served in a manner such that it is received by the witness at least one day before his attendance is required. If the witness fails or refuses to attend, the magistrate may issue a rule to show cause commanding the witness to be brought before the magistrate or, if any witness attending refuses to give evidence without good cause shown, the magistrate may punish the witness for contempt by imposition of a sentence up to the limits imposed on magistrates' courts in Section 22-3-550."

SECTION 2. This act takes effect upon approval by the Governor.

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