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S. 564
STATUS INFORMATION
General Bill
Sponsors: Senator Elliott
Document Path: l:\council\bills\ggs\22283ab09.docx
Introduced in the Senate on March 11, 2009
Currently residing in the Senate Committee on Judiciary
Summary: Probate judges
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/11/2009 Senate Introduced and read first time SJ-5 3/11/2009 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 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS FOR THE OFFICE OF JUDGE OF PROBATE, SO AS TO PROVIDE A PERSON CONVICTED OF A FELONY OFFENSE OR AN OFFENSE INVOLVING MORAL TURPITUDE IS NOT QUALIFIED TO SERVE AS A JUDGE OF PROBATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-23-1040 of the 1976 Code, as last amended by Act 678 of 1988, is further amended to read:
"Section 14-23-1040. (A) NoA person is not eligible to hold the office of judge of probate who is notunless at the time of his election he:
(1) is a citizen of the United States and of this State,;
(2) has not attained the age of twenty-one years upon his election,is twenty-one years of age;
(3) has not becomeis a qualified elector of the county in whichwhere he is to be a judge,; and
(4) has not received a four-year bachelor's degree from an accredited post-secondary institution or, if he has received no degree, he must have four years' experience as an employee in a probate judge's office in this State; and
(5) has not been convicted of a felony or offense involving moral turpitude in any jurisdiction.
(B) The provisions of this section do not apply to a person holding the office of probate judge on July 1, 2009, during his tenure in office. Tenure in office continues at the expiration of a term if the person is reelected to a consecutive term. However, if a person qualified for the office of probate judge pursuant to the provisions of this section has a break in service for a term or a portion of a term before reelection to another term as probate judge, he must satisfy the applicable requirements of this section at the time of filing for reelection for a subsequent term."
SECTION 2. Upon approval by the Governor, this act takes effect July 1, 2009.
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