Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
H. 3377
STATUS INFORMATION
General Bill
Sponsors: Reps. Merrill and Bales
Document Path: l:\council\bills\ms\7145ahb07.doc
Introduced in the House on January 30, 2007
Currently residing in the House Committee on Judiciary
Summary: Preliminary hearings
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/30/2007 House Introduced and read first time HJ-13 1/30/2007 House Referred to Committee on Judiciary HJ-13
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 17-23-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF THE RIGHT TO A PRELIMINARY HEARING AND THE FORM FOR REQUESTING THE PRELIMINARY HEARING, SO AS TO SEPARATE PERSONS CHARGED WITH NONCAPITAL AND CAPITAL CRIMES AND REQUIRE THAT A CIRCUIT COURT JUDGE, RATHER THAN A MAGISTRATE, GIVE THE REQUIRED NOTICE TO PERSONS CHARGED WITH CAPITAL OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-23-160 of the 1976 Code is amended to read:
"Section 17-23-160. (A) When any a person charged with a noncapital crime who is entitled to a preliminary hearing on such the charges appears in person or by counsel in a hearing to set bond, he shall must be notified by a magistrate orally and in writing of his right to such this preliminary hearing. When a person is notified of his right to a preliminary hearing pursuant to this subsection, he shall must be furnished a simple form providing him an opportunity to request a preliminary hearing by signing and returning this form to the advising magistrate then and there or thereafter. Any A person so notified who fails to timely request a preliminary hearing shall lose loses his right to such the hearing.
(B) When a person charged with a capital crime who is entitled to a preliminary hearing on the charges appears in person or by counsel in a hearing to set bond, he must be notified by a circuit court judge orally and in writing of his right to a preliminary hearing. He must then be furnished a simple form providing him the opportunity to request a preliminary hearing by signing and returning this form to the clerk of court for the county in which he is charged. A person who fails to timely request a preliminary hearing loses his right to the hearing."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, October 10, 2011 at 1:34 P.M.