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S. 325
STATUS INFORMATION
General Bill
Sponsors: Senator Hutto
Document Path: l:\council\bills\bbm\9417zw03.doc
Introduced in the Senate on February 5, 2003
Currently residing in the Senate Committee on Judiciary
Summary: Municipal and Magistrate Court; time period to appeal restitution
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/5/2003 Senate Introduced and read first time SJ-5
2/5/2003 Senate Referred to Committee on Judiciary SJ-5
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 14-25-95, AS AMENDED, 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 MAGISTRATE'S 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, AS AMENDED, RELATING TO THE TIME PERIOD IN WHICH TO APPEAL A JUDGMENT, SO AS TO CLARIFY THAT THE SECTION ONLY APPLIES TO CIVIL MATTERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-25-95 of the 1976 Code, as last amended by Act 520 of 1994, is further 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, within ten days after sentence, must docket the appeal with the clerk of the circuit court for the county in which the magistrate's 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 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, as last amended by Act 78 of 1999, is further 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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