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Sponsors: Rep. Lucas
Document Path: l:\council\bills\bbm\9484djc03.doc
Introduced in the House on February 20, 2003
Currently residing in the House Committee on Judiciary
Summary: Municipal court, change of venue to magistrates court within same county provided in certain cases
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/20/2003 House Introduced and read first time HJ-37 2/20/2003 House Referred to Committee on Judiciary HJ-37
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 14-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS, DUTIES, AND JURISDICTION OF MUNICIPAL COURTS, SO AS TO PROVIDE FOR A CHANGE OF VENUE FROM A MUNICIPAL COURT TO A MAGISTRATES COURT WITHIN THE SAME COUNTY IN CERTAIN CASES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-25-45 of the 1976 Code is amended to read:
"Section 14-25-45. (A) Each municipal court
shall have has jurisdiction to try all cases arising under the ordinances of the municipality for which the court is established. The court shall also have all such powers, duties and has jurisdiction in criminal cases made arising under state law within its jurisdictional limits and may exercise all of the powers and duties conferred upon magistrates in criminal cases. The court shall have has the power to punish for contempt of court by imposition of sentences up to the limits imposed on municipal courts. The court shall have has no jurisdiction in civil matters.
(B) After giving two days notice to the adverse party that he intends to apply for a change of venue, the prosecutor or the accused in a criminal case in a municipal court may file with the clerk or judge an affidavit to the effect that he does not believe he can obtain a fair trial before the municipal judge and setting forth the grounds of his belief. In the sole discretion of the municipal judge, the case and related papers may be turned over to the nearest magistrate in the county who is not disqualified from hearing the case, who shall proceed to try the case as provided by law. Except for good cause shown, only one change of venue is allowed to each party in a case."
SECTION 2. This act takes effect upon approval by the Governor.
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