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Current Status Bill Number:View additional legislative information at the LPITS web site.4624 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20020131 Primary Sponsor:Knotts All Sponsors:Knotts, Whatley, Cotty, Chellis, Davenport, Littlejohn and J.R. Smith Drafted Document Number:l:\council\bills\swb\5080djc02.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Certified copies of warrants, to provide for use of History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20020131 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTION 22-5-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN ANOTHER COUNTY OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE FOR THE USE OF CERTIFIED COPIES OF WARRANTS ISSUED IN ANOTHER COUNTY OR BY MUNICIPAL AUTHORITIES FOR ARREST AND DETENTION WHEN THE PERSON CHARGED WITH A CRIME IN THE WARRANT RESIDES IN OR IS IN THE COUNTY OF THE ENDORSING MAGISTRATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-5-190 of the 1976 Code, as last amended by Act 246 of 1996, is further amended to read:
"Section 22-5-190. (A)(1) A magistrate may endorse the original or a certified copy of the original warrant issued by a magistrate of another county when the person charged with a crime in the warrant resides in or is in the county of the endorsing magistrate. When a warrant or a certified copy of a warrant is presented to a magistrate for endorsement, as provided in this section, the magistrate shall authorize the person presenting it or any special constable to execute it within his county. When a certified copy of a warrant is issued for presentation to a magistrate for endorsement, both sides of the original warrant must be copied and transmitted.
(2) Only one certified copy of the original warrant may be issued in a sixty-day period. A certified warrant issued as provided by this section shall expire on the sixtieth day following its certification. A certified copy of the original warrant must display in a clear and readable manner, the date the warrant was certified and the expiration date. A certified copy of a warrant maybe faxed, mailed, or hand delivered to a law enforcement agency outside the originating agency's jurisdiction.
(3) A person arrested for presentation to a magistrate for endorsement on the authority of a certified copy of a warrant is entitled to a bond hearing as provided by law before a magistrate or a circuit court judge within the county where the arrest occurred. If the person arrested is denied bond, the agency holding the original warrant must within forty-eight hours take custody of the person and transport him to the county jail with the agency's jurisdiction. If bond is posted, or if the person arrested is released on his personal recognizance, the person must be given written notice of the date and time he must appear before the court with original jurisdiction of the offense. It is the responsibility of the law enforcement agency having original jurisdiction of the offense to contact all victims and witnesses associated with the offense for which the offender has been arrested.
(B) Whenever a warrant is issued by a mayor, recorder, judge, or other proper judicial officer of any municipality requiring the arrest of any person charged with a violation of a municipal ordinance, or a state statute within the trial jurisdiction of the municipal authorities, and the person sought to be arrested is presently incarcerated in a jail or detention center of the county in which the municipality is located, law enforcement officers of that municipality with the assistance of law enforcement officials of the county operating the jail or detention center may serve the warrant on that person without the necessity of a magistrate of the county endorsing the warrant as required by this section.
(C) Except as otherwise provided in subsection (B), whenever a warrant is issued by an intendant, mayor, recorder, judge, or other proper judicial officer of any municipality of this State, requiring the arrest of anyone charged with the violation of a municipal ordinance, or of a state statute within the trial jurisdiction of the municipal authorities, and the person sought to be arrested cannot be found within the municipal limits but is within the State, the officer issuing the warrant may send it or a certified copy of the warrant to the magistrate having jurisdiction over the area in which the person may be found, which magistrate may endorse the warrant or a certified copy of the warrant, which shall then be executed by the magistrates' constable or the sheriff of the county of the endorsing magistrate. The endorsement shall be to the following effect: It shall be addressed to the sheriff or any lawful constable of the county of the endorsing magistrate, directing the officer to arrest the person named in the warrant or a certified copy of the warrant and bring the person before the endorsing magistrate, to be dealt with according to law. Unless a proper bond is filed with the endorsing magistrate by the person arrested, conditioned upon his or her appearance before the officer originally issuing the warrant, to answer the charges in it, the person arrested shall be promptly turned over to police officers of the municipality from which the warrant was originally issued who are hereby empowered to return the person to the municipality involved. A magistrate shall not be required to endorse the warrant or a certified copy of the warrant when the maximum penalty for each offense charged by the warrant does not exceed ten dollars or when the offense consists of the illegal parking of a motor vehicle.
(D) All costs, fees, travel, and other expenses in connection with the endorsement and execution of such warrants shall be paid by the municipality involved to the county or officers entitled thereto."
SECTION 2. This act takes effect upon approval by the Governor.
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