South Carolina General Assembly
120th Session, 2013-2014

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

H. 3055

STATUS INFORMATION

General Bill
Sponsors: Rep. Rutherford
Document Path: l:\council\bills\ms\7027ahb13.docx

Introduced in the House on January 8, 2013
Currently residing in the House Committee on Judiciary

Summary: Magistrates

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/11/2012  House   Prefiled
  12/11/2012  House   Referred to Committee on Judiciary
    1/8/2013  House   Introduced and read first time (House Journal-page 69)
    1/8/2013  House   Referred to Committee on Judiciary 
                        (House Journal-page 69)

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/11/2012

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-915 SO AS TO PROVIDE THAT A MAGISTRATE MAY NOT COMMENCE A TRIAL OR ANOTHER PROCEEDING, OR REQUIRE AN ATTORNEY TO APPEAR OR BE PRESENT IN COURT, ON SATURDAY, SUNDAY, OR AFTER FIVE O'CLOCK ON A WEEKDAY EXCEPT IN THE CASE OF AN EMERGENCY AND TO PROVIDE CERTAIN MINIMUM LEVELS OF COMPENSATION FOR JURORS AND OVERTIME PAY FOR COURT PERSONNEL IN THE EVENT OF AN EMERGENCY.

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

SECTION    1.    Article 9, Chapter 3, Title 22 of the 1976 Code is amended by adding:

"Section 22-3-915.    (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    2.    This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on Thursday, February 28, 2013 at 3:22 P.M.