South Carolina General Assembly
114th Session, 2001-2002

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Bill 4775


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      4775
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020220
Primary Sponsor:                  Lloyd
All Sponsors:                     Lloyd, Bowers, Hosey, M. Hines, Whipper, 
                                  Moody-Lawrence, Breeland, Clyburn, Gourdine, 
                                  J. Hines and Kirsh
Drafted Document Number:          l:\council\bills\ggs\22344cm02.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Date of Last Amendment:           20020403
Subject:                          Testimony presented before a magistrate, 
                                  record of testimony must be maintained for at 
                                  least thirty days


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020409  Introduced, read first time,           11 SJ
                  referred to Committee
House   20020404  Read third time, sent to Senate
House   20020403  Amended, read second time
------  20020403  Scrivener's error corrected
House   20020402  Committee report: Favorable with       25 HJ
                  amendment
House   20020220  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on April 2, 2002 - Word format
Revised on April 3, 2002 - Word format
Revised on April 3, 2002-A - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

April 3, 2002

    H. 4775

Introduced by Reps. Lloyd, Bowers, Hosey, M. Hines, Whipper, Moody-Lawrence, Breeland, Clyburn, Gourdine, J. Hines and Kirsh

S. Printed 4/3/02--H.

Read the first time February 20, 2002.

            

A BILL

TO AMEND SECTION 22-3-790, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING AND ACKNOWLEDGMENT OF TESTIMONY PRESENTED BEFORE A MAGISTRATE, SO AS TO PROVIDE THAT IN A CASE IN WHICH A STENOGRAPHER RECORDS THE TESTIMONY OR A CASE IN WHICH TESTIMONY IS ELECTRONICALLY RECORDED, THE RECORD OF THE TESTIMONY MUST BE RETAINED BY THE MAGISTRATE FOR AT LEAST THIRTY DAYS, AND TO PROVIDE THAT IF THE MAGISTRATE FAILS TO MAINTAIN THE RECORD OF THIS TESTIMONY, THEN AN APPELLATE COURT MUST GRANT THE DEFENDANT A NEW TRIAL UPON AN APPEAL OF THE MAGISTRATE'S VERDICT.

    Amend Title To Conform

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

SECTION    1.    Section 22-3-790 of the 1976 Code is amended to read:

    "Section 22-3-790.    In the trial of any a case before a magistrate the testimony of all witnesses must be taken down in writing and signed by the witnesses except when the defendant waives the taking and signing of the testimony.

    In any a case before any a magistrate in which a stenographer takes down records the testimony or in which the testimony is electronically recorded it need not be read over and signed by the witnesses, but must be retained by the magistrate for at least sixty days after the trial and while motions and appeals are pending. If the magistrate fails to maintain the record of this testimony for at least sixty days, then an appellate court may grant the defendant a new trial upon appeal of the magistrate's verdict."

SECTION    2.    Section 14-25-195 of the 1976 Code is amended to read:

    "Section 14-25-195.    Any party shall have the right to have the testimony given at a jury trial in any municipal court taken stenographically or mechanically by a reporter; provided, that nothing herein shall operate to prevent any such party from mechanically recording the proceedings himself. The requesting party shall pay the charges of such reporter for taking and transcribing if such testimony is recorded by a municipal court reporter. All stenographical or mechanical recordings of testimony must be retained by the municipal judge for at least sixty days after the trial and while motions are pending. If the municipal judge fails to maintain the record of this testimony for at least sixty days, then an appellate court may grant the defendant a new trial upon appeal of the municipal judge's verdict."

SECTION    3.    This act takes effect upon approval by the Governor.

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