South Carolina General Assembly
118th Session, 2009-2010

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A269, R347, H4215

STATUS INFORMATION

General Bill
Sponsors: Reps. Harrison, McLeod and Weeks
Document Path: l:\council\bills\agm\19506ahb10.docx

Introduced in the House on January 12, 2010
Introduced in the Senate on April 29, 2010
Last Amended on June 15, 2010
Passed by the General Assembly on June 15, 2010
Governor's Action: June 24, 2010, Signed

Summary: Appeals from Magistrate Court

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  11/17/2009  House   Prefiled
  11/17/2009  House   Referred to Committee on Judiciary
   1/12/2010  House   Introduced and read first time HJ-32
   1/12/2010  House   Referred to Committee on Judiciary HJ-33
   2/25/2010  House   Member(s) request name added as sponsor: McLeod
   3/24/2010  House   Committee report: Favorable Judiciary HJ-32
   4/15/2010  House   Member(s) request name added as sponsor: Weeks
   4/20/2010  House   Requests for debate-Rep(s). Simrill, AD Young, 
                        Rutherford, Toole, Duncan, Merrill, Daning, Crawford, 
                        Weeks, GM Smith, JE Smith, JH Neal, Jefferson, Loftis, 
                        Hutto, King, and Knight HJ-23
   4/27/2010  House   Read second time HJ-87
   4/27/2010  House   Roll call Yeas-77  Nays-24 HJ-87
   4/28/2010  House   Read third time and sent to Senate HJ-60
   4/29/2010  Senate  Introduced and read first time
   4/29/2010  Senate  Referred to Committee on Judiciary
    5/3/2010  Senate  Referred to Subcommittee: L.Martin (ch), Rankin, Hutto, 
                        Bright, Davis
   5/19/2010  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-33
   5/20/2010  Senate  Committee Amendment Adopted SJ-38
   5/20/2010  Senate  Amended SJ-38
   5/20/2010  Senate  Read second time SJ-38
   5/25/2010  Senate  Read third time and returned to House with amendments 
                        SJ-28
   5/26/2010  House   Non-concurrence in Senate amendment HJ-50
    6/1/2010  Senate  Senate insists upon amendment and conference committee 
                        appointed Hutto, Massey, and Davis SJ-92
    6/2/2010  House   Conference committee appointed Reps. Kelly, Cole, and 
                        McLeod HJ-62
    6/3/2010  Senate  Free conference powers granted SJ-48
    6/3/2010  Senate  Free conference committee appointed Hutto, Massey, and 
                        Davis SJ-49
    6/3/2010  Senate  Free conference report adopted SJ-51
   6/15/2010  House   Free conference powers granted HJ-165
   6/15/2010  House   Free conference committee appointed Reps. Kelly, McLeod, 
                        and Cole HJ-166
   6/15/2010  House   Free conference report received and adopted HJ-166
   6/15/2010  House   Ordered enrolled for ratification HJ-170
   6/21/2010          Ratified R 347
   6/24/2010          Signed By Governor
    7/2/2010          Effective date 06/24/10
    7/8/2010          Act No. 269

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

11/17/2009
3/24/2010
5/19/2010
5/20/2010
6/15/2010

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

(A269, R347, H4215)

AN ACT TO AMEND SECTION 18-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPEAL OF A DECISION OF A MAGISTRATE, SO AS TO PROVIDE THAT AN APPELLANT MUST FILE A NOTICE OF APPEAL WITH THE CLERK OF THE CIRCUIT COURT AND SERVE NOTICE UPON THE DESIGNATED AGENT FOR THE PROSECUTING AGENCY OR ATTORNEY WHO PROSECUTED THE CHARGE IN ADDITION TO THE MAGISTRATE WHO TRIED THE CASE.

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

Magistrates court, notice of appeal

SECTION    1.    Section 18-3-30 of the 1976 Code is amended to read:

"Section 18-3-30.    (A)    The appellant, within ten days after sentence, shall file notice of appeal with the clerk of circuit court and shall serve notice of appeal upon the magistrate who tried the case and upon the designated agent for the prosecuting agency or attorney who prosecuted the charge, stating the grounds upon which the appeal is founded.

(B)    A person convicted in magistrates court who pays a fine assessed by the court does not waive his right of appeal and, upon proper notice, may appeal his conviction within the time allotted in this section."

Savings clause

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.

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 21st day of June, 2010.

Approved the 24th day of June, 2010.

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