South Carolina General Assembly
114th Session, 2001-2002

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Bill 611

Indicates Matter Stricken
Indicates New Matter

                    Current Status

Bill Number:                      611
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010424
Primary Sponsor:                  Matthews
All Sponsors:                     Matthews
Drafted Document Number:          l:\council\bills\skb\18402som01.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Circuit solicitor, to select cases to 
                                  prosecute, prepare docket; Attorney General to 
                                  consult with solicitor, when; Court


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20010424  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
View additional legislative information at the LPITS web site.

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

A BILL

TO AMEND SECTION 1-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ATTORNEY GENERAL ADVISING THE CIRCUIT SOLICITORS, SO AS TO PROVIDE THAT THE AUTHORITY TO SELECT CASES TO PROSECUTE, PREPARE THE DOCKET FOR GENERAL SESSIONS COURT, AND DETERMINE THE ORDER IN WHICH CASES ON THE DOCKET ARE CALLED FOR TRIAL IS EXCLUSIVELY VESTED WITH THE CIRCUIT SOLICITOR, AND TO PROVIDE THAT THE ATTORNEY GENERAL MUST CONSULT WITH THE SOLICITOR BEFORE HE ATTENDS THE CIRCUIT'S GRAND JURY OR TRIAL PROCEEDINGS.

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

SECTION 1. Section 1-7-100 of the 1976 Code is amended to read:

"Section 1-7-100. (A) The Attorney General shall consult with and advise the solicitors in matters relating to the duties of their offices; provided, however, the authority to select cases to prosecute, prepare the docket for general sessions court, and determine the order in which cases on the docket are called for trial is exclusively vested with the circuit solicitor. Under no circumstances shall the Attorney General interfere with the circuit solicitors' control over those matters exclusively vested with the circuit solicitor.

(B) When, in his judgment, If, after consultation with the circuit solicitor, the Attorney General determines that the interest of the State requires it, he shall may:

(1) assist the solicitors by attending the grand jury in the examination of any case in which the party accused is charged with a capital offense; and

(2) be present at the trial of any cause a case in which the State is a party or interested. and, when so When present, the Attorney General shall have the direction and management of such must direct and manage the prosecution or suit."

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

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