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S. 1285
STATUS INFORMATION
General Bill
Sponsors: Senators Knotts, Cromer, Anderson, McConnell, Campsen, Land, Campbell, Grooms, Verdin, Rose, Thomas and Cleary
Document Path: l:\s-res\jmk\001warr.mrh.jmk.docx
Companion/Similar bill(s): 3607
Introduced in the Senate on March 1, 2012
Introduced in the House on March 12, 2012
Currently residing in the House Committee on Judiciary
Summary: Arrest warrants
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/1/2012 Senate Introduced and read first time (Senate Journal-page 4)
3/1/2012 Senate Referred to Committee on Judiciary
(Senate Journal-page 4)
3/2/2012 Senate Referred to Subcommittee: Knotts (ch), Massey, Coleman
3/6/2012 Senate Recalled from Committee on Judiciary
(Senate Journal-page 3)
3/7/2012 Senate Read second time (Senate Journal-page 31)
3/7/2012 Senate Roll call Ayes-39 Nays-1 (Senate Journal-page 31)
3/8/2012 Senate Read third time and sent to House (Senate Journal-page 9)
3/12/2012 House Introduced and read first time (House Journal-page 3)
3/12/2012 House Referred to Committee on Judiciary (House Journal-page 3)
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
RECALLED
March 6, 2012
S. 1285
Introduced by Senators Knotts, Cromer, Anderson, McConnell, Campsen, Land, Campbell, Grooms, Verdin, Rose, Thomas and Cleary
S. Printed 3/6/12--S.
Read the first time March 1, 2012.
TO AMEND SECTION 22-5-190 OF THE 1976 CODE, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN OTHER COUNTIES OR BY MUNICIPAL AUTHORITIES, TO PROVIDE THAT A WARRANT IS NOT REQUIRED TO BE ENDORSED BY A MAGISTRATE IN THE COUNTY WHERE A PERSON CHARGED WITH A CRIME RESIDES OR IS LOCATED, TO PROVIDE PROCEDURES FOR SERVING A WARRANT, AND TO MAKE CONFORMING CHANGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-5-190 of the 1976 Code is amended to read:
"Section 22-5-190. (A) A magistrate may endorse a An arrest warrant issued by a magistrate of another county when the person charged with a crime in the warrant resides in or is located in the a different county of the endorsing magistrate is not required to be endorsed by a magistrate in the county where the person resides or is located, and may be served by a law enforcement officer within the jurisdiction where the person resides or is located, or by 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 a When an arrest 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 requiring 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 the municipality with the assistance of law enforcement officials of the county operating the jail or detention center may serve the warrant on that the 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 an arrest 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 requiring the arrest of anyone a person charged with the a 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 may be located. However, a law enforcement officer from the jurisdiction where the person is located and is to be arrested must accompany the law enforcement officer effecting the arrest with the warrant. 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 the person's 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 warrants shall be paid by the municipality involved to the county or officers entitled thereto."
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.
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