South Carolina General Assembly
117th Session, 2007-2008

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S. 503

STATUS INFORMATION

General Bill
Sponsors: Senators Knotts, Ford and Scott
Document Path: l:\council\bills\ms\7185ahb07.doc

Introduced in the Senate on February 28, 2007
Introduced in the House on February 6, 2008
Last Amended on June 3, 2008
Currently residing in conference committee

Summary: Warrants

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/28/2007  Senate  Introduced and read first time SJ-15
   2/28/2007  Senate  Referred to Committee on Judiciary SJ-15
    3/7/2007  Senate  Referred to Subcommittee: Martin (ch), Malloy, Campsen, 
                        Williams
   1/30/2008  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-11
   1/31/2008  Senate  Committee Amendment Adopted SJ-19
   1/31/2008  Senate  Read second time SJ-19
    2/5/2008  Senate  Read third time and sent to House SJ-27
    2/6/2008  House   Introduced and read first time HJ-9
    2/6/2008  House   Referred to Committee on Judiciary HJ-9
   5/21/2008  House   Committee report: Favorable with amendment Judiciary 
                        HJ-206
   5/28/2008  House   Amended HJ-44
   5/28/2008  House   Read second time HJ-48
   5/29/2008  House   Read third time and returned to Senate with amendments 
                        HJ-9
    6/3/2008  Senate  House amendment amended SJ-51
    6/3/2008  Senate  Returned to House with amendments SJ-51
    6/5/2008  House   Non-concurrence in Senate amendment HJ-66
    6/5/2008  Senate  Senate insists upon amendment and conference committee 
                        appointed Martin, Hutto, and Campsen SJ-42
    6/5/2008  House   Conference committee appointed Reps. GM Smith, 
                        Herbkersman, and FN Smith HJ-189

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/28/2007
1/30/2008
1/31/2008
5/21/2008
5/28/2008
6/3/2008

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

Indicates Matter Stricken

Indicates New Matter

HOUSE AMENDMENTS AMENDED

June 3, 2008

S. 503

Introduced by Senators Knotts, Ford and Scott

S. Printed 6/3/08--S.

Read the first time February 28, 2007.

            

A BILL

TO AMEND SECTION 22-5-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN OTHER COUNTIES OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE A WARRANT IS NOT REQUIRED TO BE ENDORSED BY A MAGISTRATE IN THE COUNTY WHERE A PERSON CHARGED WITH A CRIME RESIDES OR WHERE HE IS LOCATED, TO PROVIDE PROCEDURES FOR SERVING A WARRANT, AND TO MAKE CONFORMING CHANGES.

Amend Title To Conform

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

SECTION    1.    Section 22-5-190 of the 1976 Code, as last amended by Act 246 of 1996, is further amended to read:

"Section 22-5-190.    (A)    A magistrate may endorse a warrant issued by a magistrate of another county when the person charged with a crime in the warrant resides in or is in the another county of the endorsing magistrate is not required to be endorsed by a magistrate in the county where the person resides or another county where he is located, and may be served by a law enforcement officer within the jurisdiction where the person resides or another county where he is located, or a law enforcement officer from the issuing jurisdiction while accompanied by a law enforcement officer in the jurisdiction where the warrant is being served. When a warrant is presented to a magistrate for endorsement, as provided in this section, the magistrate shall authorize the person presenting it or any special constable to execute it within his county.

(B)    Whenever When a warrant is issued by a mayor, recorder, judge, or other proper judicial officer of any municipality requiring entitled by law to issue a warrant for a municipality and that warrant requires the arrest of any a person charged with a violation of a municipal ordinance, or a state statute within the trial jurisdiction of the municipal authorities, and the person sought to be arrested is presently incarcerated in a jail or detention center of the county in which where the municipality is located, law enforcement officers of that municipality with the assistance of law enforcement officials of the county operating the jail or detention center may serve the warrant on that person without the necessity of a magistrate of the county endorsing the warrant as required by this section.

(C)    Except as otherwise provided in subsection (B), whenever a When a warrant is issued by an intendant, mayor, recorder, judge, or other proper judicial officer of any municipality of this State, requiring entitled by law to issue a warrant for a municipality, and that warrant requires the arrest of anyone a person charged with the violation of a municipal ordinance, or of a state statute within the trial jurisdiction of the municipal authorities, and the person sought to be arrested cannot be found within the municipal limits but is within the State, the officer issuing the warrant may send it to the magistrate having jurisdiction over the area in which the person may be found, which magistrate may endorse the warrant, which shall then be executed by the magistrates' constable or the sheriff of the county of the endorsing magistrate the warrant is not required to be endorsed by a magistrate in the county where the person resides or another county where he may be located. The endorsement shall be to the following effect: It shall be addressed to the sheriff or any lawful constable of the county of the endorsing magistrate, directing the officer to arrest the person named in the warrant and bring the person before the endorsing magistrate, to be dealt with according to law. Unless a proper bond is filed with the endorsing magistrate by the person arrested, conditioned upon his or her appearance before the officer originally issuing the warrant, to answer the charges in it, the person arrested shall must be promptly turned over to police officers of the municipality from which where the warrant was originally issued who are hereby empowered to return the person to the municipality involved. A magistrate shall not be required to endorse the warrant when the maximum penalty for each offense charged by the warrant does not exceed ten dollars or when the offense consists of the illegal parking of a motor vehicle.

(D)    All costs, fees, travel, and other expenses in connection with the endorsement and execution of such these warrants shall must be paid by the municipality involved to the appropriate county or officers entitled thereto."

SECTION    2.    Section 22-5-110 of the 1976 Code is amended to read:

"Section 22-5-110.    (A)    Magistrates shall cause to be arrested all persons found within their counties charged with any offense and persons who after committing any an offense within the county escape out of it, examine into treasons, felonies, grand larcenies, high crimes and misdemeanors, commit or bind over for trial those who appear to be guilty of crimes or offenses not within their jurisdiction and punish those guilty of such offenses within their jurisdiction.

(B)    Notwithstanding another provision of law, a person charged with any misdemeanor offense requiring a warrant signed by non-law enforcement personnel to ensure the arrest of a person must be given a courtesy summons."

SECTION    3.    Section 22-3-330 of the 1976 Code, as added by an act of 2008 bearing Ratification Number 314 (S. 1221), is repealed.

SECTION    4.    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    5.    Section 22-2-5(A) of the 1976 Code is amended to read:

"(A)    The South Carolina Court Administration, in cooperation with the technical college system, shall select and administer an eligibility examination to test basic skills of persons seeking an initial appointment as magistrate on or after July 1, 2001. In determining the persons to be recommended to the Governor for initial appointments as magistrates on or after July 1, 2001, a senatorial delegation must use the results of these eligibility examinations to assist in its selection of nominees. No person is eligible to be appointed as a magistrate unless he receives a passing score on the eligibility examination. The results of these eligibility examinations are valid for six months one year before and six months one year after the time the appointment is to be made."

SECTION    6.    Section 5-7-12(A) of the 1976 Code is amended to read:

"(A)    The governing body of a municipality or county may upon the request of another governing body or of another political subdivision of the State, including school districts, designate certain officers to be assigned to the duty of a school resource officer and to work within the school systems of the municipality or county. The person assigned as a school resource officer shall have statewide jurisdiction to arrest persons committing crimes in connection with a school activity or school-sponsored event. In all circumstances in which a school resource officer arrests a student for a misdemeanor offense, the officer may issue a courtesy summons to appear to a student involved in the particular incident in connection with a school activity or school-sponsored event. Notwithstanding another provision of law, a student arrested for a misdemeanor offense by a school resource officer must have a bond hearing in magistrate court within twenty-four hours of his arrest. When acting pursuant to this section and outside of the sworn municipality or county of the school resource officer, the officer shall enjoy all authority, rights, privileges, and immunities, including coverage under the workers' compensation laws that he would have enjoyed if operating in his sworn jurisdiction."

SECTION    7.    This act takes effect upon approval by the Governor.

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