Bill 2538

                    Current Status

Bill Number:               2538
Ratification Number:       238
Act Number                 167
Introducing Body:          House
Subject:                   Disposition of fines and penalties
                           imposed and collected by magistrates

(A167, R238, H2538)

AN ACT TO AMEND SECTION 22-1-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF FINES AND PENALTIES IMPOSED AND COLLECTED BY MAGISTRATES IN CRIMINAL CASES, SO AS TO PROVIDE THAT A PORTION OF THE FINES AND PENALTIES IMPOSED AND COLLECTED BY A MAGISTRATE PRESIDING OVER A MUNICIPAL COURT SHALL BE TURNED OVER TO THE TREASURER OF THE MUNICIPALITY UNDER THE CONDITIONS OF A CONTRACTUAL AGREEMENT BETWEEN THE COUNTY GOVERNING BODY AND THE MUNICIPALITY; TO AMEND SECTION 56-5-2990, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF ANYONE CONVICTED OF DRIVING UNDER THE INFLUENCE, SO AS TO DECREASE FROM TEN TO FIVE YEARS THE PERIOD USED TO DETERMINE PRIOR VIOLATIONS AND TO AMEND SECTION 21-19-40, RELATING TO BONDS OF GUARDIANS, SO AS TO PROVIDE THAT THE JUDGE OF PROBATE MAY WAIVE THE BOND REQUIREMENT WHEN IT APPEARS THAT FUNDS ARE SECURE.

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

Fines turned over to treasurers

Section 1. Section 22-1-70 of the 1976 Code is amended to read:

"Section 22-1-70. All fines and penalties imposed and collected by magistrates in criminal cases must be forthwith turned over by them to the county treasurers of their respective counties for county purposes; provided, that when a magistrate presides over a municipal court under contract between the municipality and the county governing body as authorized by Section 14-25-25, a portion of such fines and penalties imposed and collected shall be turned over to the treasurer of the municipality under the provisions of the contract between the municipality and the county governing body which shall specify the portion to be turned over to the treasurer of the municipality. But when, by law any person is entitled, as informer, to any portion of such fine or penalty, such portion shall be immediately paid over to him. If any magistrate shall neglect or refuse to pay over all fines and penalties collected by him in any criminal cause or proceeding he shall, on conviction thereof, be subject to a fine of not less than one hundred nor more than one thousand dollars and imprisonment for not less than three nor more than six months and shall be dismissed from office."

Department to suspend driver's license

Section 2. Section 56-5-2990 of the 1976 Code is amended by striking "ten" on line three from the bottom and inserting "five" so when amended the section shall read:

"Section 56-5-2990. The Department shall suspend the driver's license of any person who is convicted, receives sentence upon a plea of guilty or of nolo contendere or forfeits bail posted for the violation of Section 56-5-2930 or for the violation of any other law or ordinance of this State or of any municipality of this State that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs or narcotics for a period of six months for the first conviction, plea of guilty or of nolo contendere or forfeiture of bail, a period of one year for the second conviction, plea of guilty or of nolo contendere or forfeiture of bail, a period of two years for the third and each subsequent conviction, plea of guilty or of nolo contendere or forfeiture of bail. Only those violations which occurred within a period of five years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section."

Guardian to enter bond

Section 3. Section 21-19-40 of the 1976 Code is amended by adding at the end: "Provided, that the judge of probate may waive the bond requirement when it appears that he funds are secure." so that when amended the section shall read:

"Section 21-19-40. The judge of probate, on appointing a guardian to any estate, shall require him to enter into bond to himself and his successors in a penalty of double the amount of such estate and shall have the same power to receive the sureties of a guardian that is given to him in the case of relieving the sureties of an administrator. When the surety on any such bond is a corporate surety authorized and licensed to do business in this State, such bond, in the discretion of the probate court, need only be in a penalty of one and one-half times the amount of the estate. Provided, that the judge of probate may waive the bond requirement when it appears that the funds are secure."

Time effective

Section 4. This act shall take effect upon approval by the Governor.