South Carolina General Assembly
119th Session, 2011-2012

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Indicates Matter Stricken
Indicates New Matter

S. 332

STATUS INFORMATION

General Bill
Sponsors: Senator Massey
Document Path: l:\s-res\asm\002magi.kmm.asm.docx

Introduced in the Senate on January 11, 2011
Currently residing in the Senate Committee on Judiciary

Summary: Magistrates

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/11/2011  Senate  Introduced and read first time (Senate Journal-page 148)
   1/11/2011  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 148)

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/11/2011

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

A BILL

TO AMEND SECTION 22-3-1000 OF THE 1976 CODE, RELATING TO THE TIME FOR A MOTION FOR A NEW TRIAL AND APPEAL IN MAGISTRATES COURT, TO INCREASE THE TIME PERIOD IN WHICH A MOTION FOR A NEW TRIAL MAY BE MADE FROM FIVE TO TEN DAYS.

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

SECTION    1.    Section 22-3-1000 of the 1976 Code is amended to read:

"Section 22-3-1000.    No A motion for a new trial may not be heard unless made within five ten days from the rendering of the judgment. The right of appeal from the judgment exists for thirty days after the rendering of the judgment. A magistrate's order of restitution may be appealed within thirty days. The order of restitution may be appealed separately from an appeal, if any, relating to the conviction."

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founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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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