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Bill 4864

                    Current Status

Bill Number:                      4864
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020307
Primary Sponsor:                  Sheheen
All Sponsors:                     Sheheen, Altman and Coleman
Drafted Document Number:          l:\council\bills\ggs\22337cm02.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Date of Last Amendment:           20020425
Subject:                          Notice for trial may be issued by 
                                  magistrate based on sworn statement of affiant 
                                  who is not a law enforcement officer


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020430  Introduced, read first time,           11 SJ
                  referred to Committee
------  20020429  Scrivener's error corrected
House   20020426  Read third time, sent to Senate
House   20020425  Amended, read second time, 
                  unanimous consent for third reading 
                  on Friday, 20020426
House   20020424  Committee report: Favorable with       25 HJ
                  amendment
House   20020307  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on April 24, 2002 - Word format
Revised on April 25, 2002 - Word format
Revised on April 29, 2002 - Word format

AMENDED

April 25, 2002

    H. 4864

S. Printed 4/25/02--H.    [SEC 4/29/02 8:46 AM]

Read the first time March 7, 2002.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-115 SO AS TO PROVIDE THAT A MAGISTRATE MAY ISSUE A NOTICE FOR TRIAL BASED UPON THE SWORN STATEMENT OF AN AFFIANT WHO IS NOT A LAW ENFORCEMENT OFFICER BUT MAY NOT ISSUE AN ARREST WARRANT IF THE AFFIANT IS NOT A LAW ENFORCEMENT OFFICER.

    Amend Title To Conform

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 22-5-115.    (A)    Notwithstanding another provision of law, a summary court or municipal judge may issue a summons to appear for trial instead of an arrest warrant, based upon a sworn statement of an affiant who is not a law enforcement officer investigating the case if the sworn statement establishes probable cause that the alleged crime was committed. The summons must express adequately the charges against the defendant. If the defendant fails to appear before the court, he may be tried in his absence or a bench warrant may be issued for his arrest. The summons must be served personally upon the defendant.

    (B)    The Attorney General must design the form containing the summons to appear. The form must include:

        (1)    an affidavit that establishes probable cause;

        (2)    a description of the charges against the defendant;

        (3)    the date, time, and place of the trial;

        (4)    the name of the issuing officer;

        (5)    the defendant's and affiant's name, address, and telephone number;

        (6)    the date and location of the incident; and

        (7)    notice that the defendant may be tried in his absence or a bench warrant may be issued for his arrest.

    (C)    A summons issued pursuant to this section must be tracked in the same manner as an arrest warrant."

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

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