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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
FREE CONFERENCE COMMITTEE REPORT ADOPTED -- NOT PRINTED
June 15, 2010
H. 4215
S. Printed 5/19/10--S.
Read the first time April 29, 2010.
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 SERVE A NOTICE OF APPEAL OF A DECISION OF A MAGISTRATE UPON THE OFFICER OR ATTORNEY WHO PROSECUTED THE CASE IN ADDITION TO THE MAGISTRATE WHO TRIED THE CASE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 18-3-30 of the 1976 Code is amended to read:
"Section 18-3-30. (A) The appellant shall, 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) Any A person convicted in a magistrate's magistrates court who pays a fine assessed by the court does not thereby waive his right of appeal and, upon proper notice, may appeal his conviction within the time allotted in this section."
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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.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.
/s/Sen. C. Bradley Hutto /s/Rep. R. Keith Kelly
/s/Sen. A. Shane Massey /s/Rep. Walton J. McLeod
/s/Sen. Thomas C. Davis /s/Rep. J. Derham Cole, Jr.
On Part of the Senate. On Part of the House.
This web page was last updated on June 15, 2010 at 4:50 PM