South Carolina General Assembly
119th Session, 2011-2012

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H. 4088

STATUS INFORMATION

General Bill
Sponsors: Reps. Ott, Brantley, Hardwick, Cobb-Hunter, Crawford, Spires, Frye, Gilliard, Battle, Bales, J.H. Neal, Jefferson, Atwater, Brannon, Patrick, Anthony, Bowers, Branham, Clyburn, Hayes, Huggins, Long, Lowe, J.M. Neal and Toole
Document Path: l:\council\bills\ms\7358ahb11.docx

Introduced in the House on April 13, 2011
Introduced in the Senate on May 31, 2011
Last Amended on May 26, 2011
Currently residing in the Senate Committee on Judiciary

Summary: Magistrate Court

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/13/2011  House   Introduced and read first time
   4/13/2011  House   Referred to Committee on Judiciary 
                        (House Journal-page 49)
   4/13/2011  House   Recalled from Committee on Judiciary 
                        (House Journal-page 49)
   4/13/2011  House   Referred to Committee on Agriculture, Natural Resources 
                        and Environmental Affairs (House Journal-page 84)
   5/18/2011  House   Recalled from Committee on Agriculture, Natural 
                        Resources and Environmental Affairs 
                        (House Journal-page 25)
   5/19/2011  House   Requests for debate-Rep(s). Pinson, Willis, Daning, 
                        Harrison, Brannon, RL Brown, Tribble, and Hiott 
                        (House Journal-page 21)
   5/19/2011  House   Debate adjourned until Tuesday, May 24, 2011 
                        (House Journal-page 48)
   5/24/2011  House   Debate adjourned (House Journal-page 83)
   5/24/2011  House   Debate adjourned until Wednesday, May 25, 2011 
                        (House Journal-page 117)
   5/25/2011  House   Debate adjourned until Thursday, May 12, 2011 
                        (House Journal-page 62)
   5/26/2011  House   Amended (House Journal-page 31)
   5/26/2011  House   Read second time (House Journal-page 31)
   5/26/2011  House   Roll call Yeas-100  Nays-0 (House Journal-page 31)
   5/26/2011  House   Unanimous consent for third reading on next legislative 
                        day (House Journal-page 33)
   5/27/2011  House   Read third time and sent to Senate (House Journal-page 1)
   5/27/2011          Scrivener's error corrected
   5/31/2011  Senate  Introduced and read first time (Senate Journal-page 21)
   5/31/2011  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 21)
    1/9/2012  Senate  Referred to Subcommittee: L.Martin (ch), Rankin, Hutto, 
                        Bright, Davis
    5/3/2012  Senate  Referred to Subcommittee: Rankin (ch), Hutto, Bright, 
                        Davis

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/13/2011
5/18/2011
5/26/2011
5/27/2011

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

Indicates Matter Stricken

Indicates New Matter

AMENDED

May 26, 2011

H. 4088

Introduced by Reps. Ott, Brantley, Hardwick, Cobb-Hunter, Crawford, Spires, Frye, Gilliard, Battle, Bales, J.H. Neal, Jefferson, Atwater, Brannon, Patrick, Anthony, Bowers, Branham, Clyburn, Hayes, Huggins, Long, Lowe, J.M. Neal and Toole

S. Printed 5/26/11--H.    [SEC 5/27/11 12:37 PM]

Read the first time April 13, 2011.

            

A BILL

TO AMEND SECTION 14-1-207, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADDITIONAL ASSESSMENT FOR OFFENSES TRIED IN MAGISTRATES COURT, SO AS TO ADD VIOLATIONS OF TITLE 50 TO THE OFFENSES EXEMPT FROM THE ADDITIONAL ASSESSMENT.

Amend Title To Conform

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

SECTION    1.    Section 14-1-207(A) of the 1976 Code, as last amended by Act 353 of 2008, is further amended to read:

"(A)    A person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense occurring after June 30, 2008, tried in magistrates court must pay an amount equal to 107.5 percent of the fine imposed as an assessment. This assessment must be paid to the magistrate and deposited as required by Section 22-1-70 in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended. The assessment may not be imposed on convictions for violations of Sections 56-3-1970, 56-5-2510, and 56-5-2530, or another state law, municipal ordinance, or county ordinance restricting parking in a prohibited zone or in a parking place clearly designated for handicapped persons or for violations of Title 50 if the defendant pleads guilty or nolo contendere and pays the fine or forfeits bond for the offense."

SECTION    2.    Chapter 1, Title 14 of the 1976 Code is amended by adding:

"Section 14-1-240. (A)    Notwithstanding a court rule or another provision of law, a magistrate may not commence a trial or another proceeding, or require an attorney to appear or be present in the court, on Saturday, Sunday, or after five o'clock on a weekday except in the case of an emergency.

(B)    If a magistrate determines an emergency exists and court must be held:

(1)    after five o'clock on a weekday, compensation for jurors must be no less than one hundred dollars per day and court personnel must be paid overtime; and

(2)    on the weekend, compensation for jurors must be no less than one hundred fifty dollars per day and court personnel must be paid overtime.

(C)    The provisions of subsection (A) do not apply to bond hearings."

SECTION    3.    This act takes effect upon approval by the Governor.

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