South Carolina General Assembly
109th Session, 1991-1992

Bill 1026


                    Current Status

Introducing Body:               Senate
Bill Number:                    1026
Ratification Number:            255
Primary Sponsor:                Holland
Type of Legislation:            GB
Subject:                        Kershaw County, magistrates
Date Bill Passed both Bodies:   Sep 23, 1991
Computer Document Number:       1026
Governor's Action:              V
Date of Governor's Action:      Dec 13, 1991
Introduced Date:                May 30, 1991
Last History Body:              Senate
Last History Date:              Jan 14, 1992
Last History Type:              Veto referred to Kershaw
                                Delegation
Scope of Legislation:           Local
All Sponsors:                   Holland
Type of Legislation:            General Bill

History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 1026  Senate  Jan 14, 1992  Veto referred to Kershaw        00
                             Delegation
 1026  ------  Dec 13, 1991  Vetoed by Governor
 1026  ------  Sep 23, 1991  Ratified R 255
 1026  House   Sep 23, 1991  Read third time, enrolled for
                             ratification
 1026  House   Jun 06, 1991  Read second time
 1026  House   Jun 05, 1991  Introduced, read first time,
                             placed on Calendar without
                             reference
 1026  Senate  Jun 04, 1991  Read third time, sent to House
 1026  Senate  May 31, 1991  Read second time
 1026  Senate  May 30, 1991  Unanimous consent for second
                             and third reading on the next
                             two consecutive Legislative
                             days
 1026  Senate  May 30, 1991  Placed on Local and
                             Uncontested Calendar without
                             reference
 1026  Senate  May 30, 1991  Introduced, read first time

View additional legislative information at the LPITS web site.


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

(Rxxx, S1026)

AN ACT TO AMEND ACT 1494 OF 1972, RELATING TO SPECIAL MAGISTRATES IN KERSHAW COUNTY, SO AS TO CHANGE THE NUMBER OF SPECIAL MAGISTRATES IN THAT COUNTY.

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

Additional special magistrate

SECTION 1. Section 1 of Act 1494 of 1972 (Section 43-841.1 of the 1962 Code) is amended to read:

"Section 43-841.1. There shall be two special magistrates for Kershaw County who shall be appointed by the Governor with the advice and consent of the Senate for a term of four years.

The special magistrates shall have countywide criminal jurisdiction only and with respect thereto shall have the following powers and authority:

(1) to issue criminal warrants;

(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; and

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

A special magistrate shall be available at nighttime and on weekends during such hours as may be designated by the Kershaw County Council. He shall not permit the trial before him of any cause, but upon the approval and acceptance by him of an adequate bond, he shall forthwith deliver the cause, together with the bond and warrant, if any, to a magistrate having proper jurisdiction. The special magistrates shall take the usual oath of office taken by other magistrates in the county and shall post surety bonds in the sum of two thousand dollars each with the Clerk of Court of Kershaw County, the cost of which bond shall be paid by Kershaw County."

Time effective

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

In the Senate House _________________________________.

_______________________________________

President of the Senate

_______________________________________

Speaker of the House of Representatives

Approved the _______ day of __________________, 1991.

_______________________________________

Governor

Printer's Date -- September 24, 1991 -- L.

-----XX-----