South Carolina General Assembly
114th Session, 2001-2002

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Bill 4864

Indicates Matter Stricken
Indicates New Matter

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


COMMITTEE REPORT

April 24, 2002

    H. 4864

Introduced by Reps. Sheheen, Altman and Coleman

S. Printed 4/24/02--H.

Read the first time March 7, 2002.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (H. 4864) 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, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:

    / 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." /

    Amend title to conform.

JAMES H. HARRISON for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

    Enactment of this bill will not have a fiscal impact on the General Fund of the State or on federal and/or other funds.

LOCAL GOVERNMENT IMPACT:

    Passage of this bill would have a minimal fiscal impact on the counties.

    Approved By:

    Don Addy

    Office of State Budget

A BILL

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.

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.    Notwithstanding another provision of law, a magistrate may issue a notice for trial based upon the sworn statement of an affiant who is not a law enforcement officer for a misdemeanor offense but may not issue an arrest warrant if the affiant is not a law enforcement officer."

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

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