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Bill 709

                    Current Status

Bill Number:                      709
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010523
Primary Sponsor:                  Hutto
All Sponsors:                     Hutto
Drafted Document Number:          l:\s-jud\bills\hutto\jud0080.cbh.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Date of Last Amendment:           20020314
Subject:                          Municipal, magistrates courts; order of 
                                  restitution, thirty days to appeal; time 
                                  period to appeal judgment when civil


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20020320  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  20020319  Read third time, sent to House
Senate  20020314  Amended, read second time, 
                  notice of general amendments
Senate  20020313  Committee report: Favorable with       11 SJ
                  amendment
Senate  20010523  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
Revised on March 13, 2002 - Word format
Revised on March 14, 2002 - Word format

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

March 14, 2002

    S. 709

S. Printed 3/14/02--S.

Read the first time May 23, 2001.

TO AMEND SECTION 14-25-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME PERIOD IN WHICH TO APPEAL A JUDGMENT FROM A MUNICIPAL COURT, SO AS TO PROVIDE THAT AN APPEAL OF AN ORDER OF RESTITUTION MUST BE MADE WITHIN THIRTY DAYS OF THE ORDER; TO AMEND SECTION 18-3-30, RELATING TO THE TIME PERIOD IN WHICH TO APPEAL A JUDGMENT FROM A MAGISTRATES COURT, SO AS TO PROVIDE THAT AN APPEAL OF AN ORDER OF RESTITUTION MUST BE MADE WITHIN THIRTY DAYS OF THE ORDER; AND TO AMEND SECTION 22-3-1000, RELATING TO THE TIME PERIOD IN WHICH TO APPEAL A JUDGMENT, SO AS TO CLARIFY THAT THE SECTION ONLY APPLIES TO CIVIL MATTERS.

    Amend Title To Conform

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

SECTION    1.    Section 14-25-95 of the 1976 Code is amended to read:

    "Section 14-25-95.    Any party shall have has the right to appeal from the sentence or judgment of the municipal court to the Court of Common Pleas court of common pleas of the county in which the trial is held. Notice of intention to appeal, setting forth the grounds for appeal, must be given in writing and served on the municipal judge or the clerk of the municipal court within ten days after sentence is passed or judgment rendered, or the appeal is considered waived. The party appealing shall enter into a bond, payable to the municipality, to appear and defend the appeal at the next term of the Court of Common Pleas or shall pay the fine assessed. The appellant must, within ten days after sentence, docket the appeal with the clerk of the circuit court for the county in which the municipal court is located and serve notice of appeal upon the municipal judge who tried the case or the clerk of the municipal court, stating the grounds upon which the appeal is based. Any person convicted in a municipal court who pays a fine assessed by the court does not thereby waive his right of appeal and, upon proper notice, may appeal his conviction within the time allotted in this section. An order of restitution must be appealed within thirty days after the sentence. The order of restitution must be appealed separately from an appeal, if any, relating to the conviction."

SECTION    2.    Section 18-3-30 of the 1976 Code is amended to read:

    "Section 18-3-30.    The appellant shall must, within ten days after sentence, docket the appeal with the clerk of the circuit court for the county in which the magistrates court is located and serve notice of appeal upon the magistrate who tried the case, stating the grounds upon which the appeal is founded based.

    Any person convicted in a magistrate's magistrates court who pays a fine assessed by the court does not thereby waive his right of appeal and, upon proper notice, may appeal his conviction within the time allotted in this section.

    A magistrate's order of restitution must be appealed within thirty days after the sentence. The order of restitution must be appealed separately from an appeal, if any, relating to the conviction."

SECTION    3.    Section 22-3-1000 of the 1976 Code is amended to read:

    "Section 22-3-1000.    (A)    No motion for a new trial may be heard unless made within five days from the rendering of the judgment in a civil case or within five days after the sentence in a criminal case. A motion for a new trial stays the time for appeal until after notice of denial of the motion for a new trial.

    (B)    In a civil case, The the right of to appeal from the judgment exists for thirty days after the rendering of the judgment.

    (C)    In a criminal case, the right to appeal from a sentence exists for ten days after the sentence.

    (D)    A magistrate's order of restitution may must be appealed within thirty days after the sentence. The order of restitution may must be appealed separately from an appeal, if any, relating to the conviction."

SECTION    4.    This act takes effect upon approval by the Governor.

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