South Carolina General Assembly
120th Session, 2013-2014

Download This Bill in Microsoft Word format

A192, R216, S657

STATUS INFORMATION

General Bill
Sponsors: Senator L. Martin
Document Path: l:\s-jud\bills\l. martin\jud0066.pb.docx

Introduced in the Senate on April 25, 2013
Introduced in the House on May 30, 2013
Last Amended on May 22, 2014
Passed by the General Assembly on May 28, 2014
Governor's Action: June 2, 2014, Signed

Summary: Magistrate jury areas

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/25/2013  Senate  Introduced and read first time (Senate Journal-page 4)
   4/25/2013  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 4)
   5/22/2013  Senate  Polled out of committee Judiciary (Senate Journal-page 5)
   5/22/2013  Senate  Committee report: Favorable Judiciary 
                        (Senate Journal-page 5)
   5/29/2013  Senate  Amended (Senate Journal-page 41)
   5/29/2013  Senate  Read second time (Senate Journal-page 41)
   5/29/2013  Senate  Roll call Ayes-42  Nays-0 (Senate Journal-page 41)
   5/30/2013  Senate  Read third time and sent to House 
                        (Senate Journal-page 17)
   5/30/2013  House   Introduced and read first time (House Journal-page 82)
   5/30/2013  House   Referred to Committee on Judiciary 
                        (House Journal-page 82)
   2/26/2014  House   Committee report: Favorable Judiciary 
                        (House Journal-page 53)
    3/4/2014  House   Amended
    3/4/2014  House   Debate adjourned until Tues., 3-18-14 
                        (House Journal-page 117)
   3/18/2014  House   Read second time (House Journal-page 12)
   3/18/2014  House   Roll call Yeas-87  Nays-1 (House Journal-page 12)
   3/19/2014  House   Read third time and returned to Senate with amendments 
                        (House Journal-page 14)
   3/20/2014  Senate  Recommitted to Committee on Judiciary 
                        (Senate Journal-page 16)
   5/21/2014  Senate  Committee report: Favorable with amendment Judiciary 
                        (Senate Journal-page 8)
   5/22/2014  Senate  House amendment amended (Senate Journal-page 81)
   5/22/2014  Senate  Returned to House with amendments 
                        (Senate Journal-page 81)
   5/28/2014  House   Concurred in Senate amendment and enrolled 
                        (House Journal-page 39)
   5/29/2014          Ratified R 216
    6/2/2014          Signed By Governor
    6/6/2014          Effective date See Act for Effective Date
   6/10/2014          Act No. 192

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/25/2013
5/22/2013
5/29/2013
2/26/2014
3/4/2014
5/21/2014
5/22/2014


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

(A192, R216, S657)

AN ACT TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES COURT JURY AREAS IN EACH COUNTY, SO AS TO REVISE AND UPDATE THE TERRITORIAL DESCRIPTIONS OF THE JURY AREAS AND PROVIDE REFERENCES TO PUBLIC MAPS SHOWING THE JURY AREAS.

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

Magistrates courts jury areas revised

SECTION    1.    Section 22-2-190 of the 1976 Code, as last amended by Act 201 of 2012, is further amended to read:

"Section 22-2-190.    The following jury areas for magistrates courts in the various counties of the State are established:

(1)    Abbeville County

(a)(1)    Abbeville

(2)    Calhoun Falls

(3)    Lowndesville

(4)    Antreville

(5)    Due West

(6)    Donalds

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-01-13, and on copies filed with the Abbeville County magistrates offices, and available on the Abbeville County website.

(2)    Aiken County

(a)(1)    North Augusta

(2)    Langley

(3)    Aiken

(4)    New Ellenton

(5)    Wagner/Monetta

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-03-13, and on copies filed with the Aiken County magistrates offices, and available on the Aiken County website.

(c)    Each magistrate's office must be maintained at a place designated by the Aiken County Legislative Delegation.

(3)    Allendale County

One jury area countywide.

(4)    Anderson County

One jury area countywide.

(5)    Bamberg County

One jury area countywide.

(6)    Barnwell County

(a)    The boundaries for the magistrates jury areas in Barnwell are defined by the boundaries of the Barnwell school districts.

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-11-13, and on copies filed with the Barnwell County magistrates offices, and available on the Barnwell County website.

(7)    Beaufort County

(a)(1)    Sheldon

(2)    Bluffton

(3)    Daufuskie

(4)    Hilton Head

(5)    Beaufort

(6)    St. Helena

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-13-13, and on copies filed with the Beaufort County magistrates offices, and available on the Beaufort County website.

(8)    Berkeley County

(a)(1)    Goose Creek

(2)    Jamestown

(3)    St. Stephen

(4)    Moncks Corner

(5)    Summerville

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-15-13, and on copies filed with the Berkeley County magistrates offices, and available on the Berkeley County website.

(9)    Calhoun County

One jury area countywide.

(10)    Charleston County

(a)(1)    Jury Area No. 1: St. Paul's/Edisto

(2)    Jury Area No. 2: West Ashley

(3)    Jury Area No. 3: Charleston

(4)    Jury Area No. 4: North Charleston

(5)    Jury Area No. 5: Mount Pleasant

(6)    Jury Area No. 6: St. Andrews

(7)    Jury Area No. 7: McClellanville

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-19-13, and on copies filed with the Charleston County magistrates offices, and available on the Charleston County website.

(c)    Notwithstanding any other provision of law, magistrates in Charleston County shall reside in the following jury areas:

(1)    Three magistrates shall reside in Jury Area No. 1, one of whom shall reside on Edisto Island.

(2)    Three magistrates shall reside in Jury Area No. 2, one of whom shall reside on each of the following islands: Johns Island, James Island and Wadmalaw Island.

(3)    Two magistrates shall reside in Jury Area No. 3.

(4)    Three magistrates shall reside in Jury Area No. 4.

(5)    One magistrate shall reside in Jury Area No. 5.

(6)    One magistrate shall reside in Jury Area No. 6.

(7)    One magistrate shall reside in Jury Area No. 7.

(d)    The magistrate system in Charleston County must be so organized in order to provide for centralized magistrates courts for the purpose of facilitating and expediting civil and criminal matters as hereinafter provided:

(1)    The centralized magistrates courts have concurrent jurisdiction for civil and criminal matters with the existing magistrates of Charleston County. Plaintiffs in civil matters have the right to commence a case in either a central magistrates court or in a magistrates court within a defined jury area. The defendant in a magisterial civil matter may remove the case either from a central magistrates court to the defined jury area in which the defendant resides or the defendant may remove the case from the defined jury area in which he resides to a central magistrates court. This removal must be by notification to the court of origin and no cause for removal must be shown.

(2)    The centralized magistrates courts have jurisdiction over any type or form of civil or criminal matter, including any procedural or substantive matter or preliminary hearing or examination or bond or bail hearing or any other criminal proceeding.

(3)    The fees and charges for the central magistrates courts are the same as those prevailing in all magistrates courts whether central or in a defined jury area.

(4)    Upon the effective date of this paragraph a central magistrates court must be established in the City of Charleston.

(5)    Six months after the effective date of this paragraph a central magistrates court must be established in the City of North Charleston. However, if the central magistrates court in the City of North Charleston is not funded and established as required by this subsubitem, then the central magistrates court in the City of Charleston established pursuant to subsubitem (4) must cease to exist until the time the central magistrates court in the City of North Charleston is so funded and established.

(6)    A third central magistrates court must be established at the time and in the location which a majority of the members of the General Assembly residing in Charleston County determines. In addition to those magistrates assigned to the seven jury areas, there must be appointed one magistrate from the county at large without regard to residence in a particular jury area who must serve as the magistrate of the central magistrates court in the City of Charleston. Six months after the effective date of this paragraph a second magistrate must be appointed from the county at large without regard to residence in a particular jury area who must serve as the magistrate of the central magistrates court in the City of North Charleston. A third magistrate also must be appointed at the time as provided in this subsubitem from the county at large without regard to residence in a particular jury area who, when appointed, must serve as the magistrate of the central magistrates court established pursuant to this subsubitem.

(11)    Cherokee County

One jury area countywide.

(12)    Chester County

(a)(1)    Baton Rouge

(2)    Chester

(3)    Fort Lawn

(4)    Great Falls

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-23-13, and on copies filed with the Chester County magistrates offices, and available on the Chester County website.

(13)    Chesterfield County

One jury area countywide.

(14)    Clarendon County

One jury area countywide.

(15)    Colleton County

One jury area countywide.

(16)    Darlington County

(a)(1)    Society Hill

(2)    Darlington

(3)    Lamar

(4)    Lydia

(5)    Hartsville.

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-31-13, and on copies filed with the Darlington County magistrates offices, and available on the Darlington County website.

(17)    Dillon County

(a)(1)    Hamer

(2)    Dillon

(3)    Lake View

(4)    Latta

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-33-13, and on copies filed with the Dillon County magistrates offices, and available on the Dillon County website.

(18)    Dorchester County

(a)(1)    St. George

(2)    Summerville

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-35-13, and on copies filed with the Dorchester County magistrates offices, and available on the Dorchester County website.

(c)    Criminal cases and traffic offenses shall be tried in the jury area where the offense was committed, notwithstanding the creation of any uniform court for the trial of certain offenses.

(19)    Edgefield County

One jury area countywide.

(20)    Fairfield County

One jury area countywide.

(21)    Florence County

(a)(1)    Florence

(2)    Timmonsville

(3)    Evergreen

(4)    Olanta

(5)    Coward

(6)    Pamplico

(7)    Lake City

(8)    Hannah

(9)    Johnsonville

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-41-13, and on copies filed with the Florence County magistrates offices, and available on the Florence County website.

(22)    Georgetown County

(a)(1)    Andrews

(2)    Georgetown

(3)    Pleasant Hill

(4)    Pawleys Island

(5)    Murrells Inlet

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-43-13, and on copies filed with the Georgetown County magistrates offices, and available on the Georgetown County website.

(23)    Greenville County

(a)(1)    Tigerville

(2)    Greenville

(3)    Taylors

(4)    Simpsonville

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-45-13, and on copies filed with the Greenville County magistrates offices, and available on the Greenville County website.

(24)    Greenwood County

One jury area countywide.

(25)    Hampton County

(a)(1)    North

(2)    South

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-49-13, and on copies filed with the Hampton County magistrates offices, and available on the Hampton County website.

(26)    Horry County

(a)(1)    Aynor

(2)    Conway

(3)    Myrtle Beach

(4)    Little River

(5)    Simpson Creek

(6)    Bayboro

(7)    Green Sea

(8)    Floyd

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-51-13, and on copies filed with the Horry County magistrates offices, and available on the Horry County website.

(27)    Jasper County

One jury area countywide.

(28)    Kershaw County

One jury area countywide.

(29)    Lancaster County

One jury area countywide.

(30)    Laurens County

One jury area countywide.

(31)    Lee County

(a)(1)    No. 1--Lucknow

(2)    No. 2--Stokes Bridge

(3)    No. 3--Cypress

(4)    No. 4--Bishopville

(5)    No. 5--Ionia

(6)    No. 6--Spring Hill

(7)    No. 7--Ashwood

(8)    No. 8--St. Charles

(9)    No. 9--Lynchburg

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-61-13, and on copies filed with the Lee County magistrates offices, and available on the Lee County website.

(32)    Lexington County

(a)(1)    Irmo/Chapin

(2)    Lexington

(3)    Cayce/West Columbia

(4)    South Congaree

(5)    Bateburg/Leesville

(6)    Swansea

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-63-13, and on copies filed with the Lexington County magistrates offices, and available on the Lexington County website.

(33)    Marion County

(a)(1)    Marion

(2)    Mullins

(3)    Nichols

(4)    Legette

(5)    Britton's Neck

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-67-13, and on copies filed with the Marion County magistrates offices, and available on the Marion County website.

(34)    Marlboro County

(a)(1)    Bennettsville

(2)    McColl

(3)    Clio

(4)    Brownsville

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-69-13, and on copies filed with the Marlboro County magistrates offices, and available on the Marlboro County website.

(35)    McCormick County

One jury area countywide.

(36)    Newberry County

One jury area countywide.

(37)    Oconee County

One jury area countywide.

(38)    Orangeburg County

(a)(1)    West

(2)    Central

(3)    East

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-75-13, and on copies filed with the Orangeburg County magistrates offices, and available on the Orangeburg County website.

(39)    Pickens County

One jury area countywide.

(40)    Richland County

(a)(1)    Blythewood

(2)    Columbia

(3)    Dentsville

(4)    Dutch Fork

(5)    Eastover

(6)    Hopkins

(7)    Lykesland

(8)    Olympia

(9)    Pontiac

(10)    Upper Township

(11)    Waverly

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-79-12, and on copies filed with the Richland County Department of Planning and Development Services, and available on the Richland County website.

(c)    Notwithstanding the provisions of subitem (a), for the Richland County Magistrates Centralized Court:

One jury area countywide.

(41)    Saluda County

One jury area countywide.

(42)    Spartanburg County

One jury area countywide.

(43)    Sumter County

One jury area countywide.

(44)    Union County

(a)(1)    Jonesville

(2)    Pinckney

(3)    Bogansville

(4)    Union

(5)    Santuc

(6)    Cross Keys

(7)    Goshen Hill

(8)    Fishdam

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-87-13, and on copies filed with the Union County magistrates offices, and available on the Union County website.

(45)    Williamsburg County

(a)(1)    Kingstree

(2)    Hemingway

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-89-13, and on copies filed with the Williamsburg County magistrates offices, and available on the Williamsburg County website.

(46)    York County

(a)(1)    Clover

(2)    Fort Mill

(3)    Rock Hill

(4)    Western York County

(5)    York

(b)    The lines defining the magistrates jury areas provided in subitem (a) are as shown on the official map on file with the Office of Research and Statistics of the South Carolina Budget and Control Board designated as document M-91-12, and on copies filed with the York County Management Information Systems Department, and available on the York County website.

(c)    Notwithstanding the provisions of subitem (a), for the York County Centralized DUI Court:

One jury area countywide."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 29th day of May, 2014.

Approved the 2nd day of June, 2014.

__________


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