South Carolina General Assembly
118th Session, 2009-2010

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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
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   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

3/11/2009

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

A 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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