South Carolina General Assembly
105th Session, 1983-1984

Bill 3179

                    Current Status

Bill Number:               3179
Ratification Number:       258
Act Number                 248
Introducing Body:          House
Subject:                   Special magistrate for McCormick
                           County
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A248, R258, H3179)

AN ACT TO PROVIDE FOR A SPECIAL MAGISTRATE FOR MCCORMICK COUNTY AND TO PROVIDE FOR HIS TERM, JURISDICTION, POWERS, AUTHORITY, AND DUTIES AND RELATED MATTERS.

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

Special magistrate for McCormick County

SECTION 1. In addition to the magistrates of McCormick County provided by law, there shall be a special magistrate for the county to serve a term coterminous with that of the chief magistrate of McCormick County and until such special magistrate's successor is appointed and qualifies. The special magistrate shall have countywide criminal jurisdiction and with respect thereto shall have the following powers and authority:

(1) To issue criminal warrants, including criminal warrants for search, seizure, and arrest;

(2) To approve and accept written bonds in criminal matters or in lieu of written bonds to approve and accept cash bonds;

(3) To order the release of prisoners when proper and adequate bonds have been duly posted;

(4) To transfer any such warrant and written or cash bond to a magistrate having proper jurisdiction.

In addition to such criminal jurisdiction and such judicial powers and authority, the special magistrate shall have and shall carry out such other duties as may be assigned him by the chief magistrate of the county.

The special magistrate may exercise such criminal jurisdiction and such judicial powers and authority only when the chief magistrate of the county is unavailable. The special magistrate shall not permit the trial before him of any cause but upon the approval and acceptance of an adequate bond he shall forthwith transfer the cause, together with the bond and warrant, if any, to a magistrate having proper jurisdiction. The special magistrate shall take the usual oath of office taken by other magistrates in the county and shall post a surety bond in the sum of two thousand dollars with the clerk of court for McCormick County, the cost ofwhich shall be paid by McCormick County.

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.