Current Status Introducing Body:Senate Bill Number:903 Ratification Number:345 Act Number:310 Primary Sponsor:Committee (11) Type of Legislation:GB Subject:General sessions, magistrates court; case transfer Date Bill Passed both Bodies:Mar 26, 1992 Computer Document Number:436/11641.DW Governor's Action:S Date of Governor's Action:Apr 08, 1992 Introduced Date:Apr 17, 1991 Date of Last Amendment:Mar 24, 1992 Last History Body:------ Last History Date:Apr 08, 1992 Last History Type:Act No. 310 Scope of Legislation:Statewide Sponsor Committee:Judiciary Sponsor Committee Number:11 Type of Legislation:General Bill
Bill Body Date Action Description CMN
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903 ------ Apr 08, 1992 Act No. 310
903 ------ Apr 08, 1992 Signed by Governor
903 ------ Apr 02, 1992 Ratified R 345
903 Senate Mar 26, 1992 Concurred in House amendment,
enrolled for ratification
903 House Mar 25, 1992 Read third time, returned to
Senate with amendment
903 House Mar 24, 1992 Amended, read second time
903 House Mar 05, 1992 Objection withdrawn by
Representative
903 House Feb 20, 1992 Objection by Representative
903 House Feb 19, 1992 Debate Adjourned until
Thursday, February 20, 1992
903 House Feb 13, 1992 Debate adjourned until
Tuesday, February 18, 1992
903 House Feb 13, 1992 Amended
903 House Feb 12, 1992 Objection removed as he is no
longer a member of the House
903 House Feb 12, 1992 Objection withdrawn by
Representative
903 House Feb 12, 1992 Debate interrupted
903 House Jun 05, 1991 Objection by Representative
903 House Jun 05, 1991 Objection withdrawn by
Representative
903 House May 30, 1991 Objection by Representative
903 House May 22, 1991 Recalled from Committee 25
903 House Apr 23, 1991 Introduced, read first time, 25
referred to Committee
903 Senate Apr 19, 1991 Read third time, sent to House
903 Senate Apr 18, 1991 Read second time, unanimous
consent for third reading on
Friday, April 19
903 Senate Apr 17, 1991 Introduced, read first time,
placed on Calendar without
reference
View additional legislative information at the LPITS web site.
(A310, R345, S903)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-545 SO AS TO PROVIDE A PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, REQUIRE THE SOLICITOR'S OFFICE TO PROSECUTE ALL TRANSFERRED CASES, AND REQUIRE AN ADEQUATE RECORD BE MADE BY THE SOLICITOR'S OFFICE OF ALL TRANSFERRED CASES, PROVIDE FOR THE DISTRIBUTION OF FINES ON TRANSFERRED CASES, AND REQUIRE THE COMMISSION ON PROSECUTION COORDINATION TO COMPILE RELEVANT DATA ON CASES TRANSFERRED UNDER THE PROVISIONS OF THIS ACT AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 1, 1994.
Be it enacted by the General Assembly of the State of South Carolina:
Criminal case may be transferred
SECTION 1. The 1976 Code is amended by adding:
"Section 22-3-545. (A) Notwithstanding the provisions of Sections 22-3-540 and 22-3-550 and effective from July 1, 1992 until July 1, 1993, a criminal case, the penalty for which the crime in the case does not exceed five thousand dollars or one year imprisonment, or both, may be transferred from general sessions court if the provisions of this section are followed.
(B) (1) The solicitor, upon ten days' written notice to the defendant, may petition the chief administrative criminal court judge in the circuit to transfer one or more cases from the general sessions court docket to a docket of a magistrate's or municipal court in the circuit for disposition. Both parties must have the opportunity to be heard by the chief administrative judge and the case may not be transferred from the general sessions court unless the defendant agrees in writing to the transfer.
(2) The judge must consider, but is not limited to, the following factors in granting the petition for transfer:
(a) case workload;
(b) age of the case;
(c) the speedy disposition of the case.
(3) A case transferred to a magistrate's or municipal court not disposed of in one hundred eighty days from the date of transfer automatically reverts to the docket of the general sessions court.
(C) All cases transferred to magistrate's or municipal court must be prosecuted by the solicitor's office.
(D) Provision for an adequate record must be made by the solicitor's office.
(E) Notwithstanding any other provision of law, all fines imposed by a magistrate or municipal judge presiding pursuant to this section must be distributed as if the fine were imposed by a circuit court pursuant to Section 20-7-1510. However, these fines are also subject to the provisions of Section 56-5-2940. This section must not result in increased compensation to a magistrate presiding over a trial or hearing pursuant to this section or in other additional or increased costs to the county."
Commission to make report
SECTION 2. The Commission on Prosecution Coordination must compile data on the number of cases transferred under the provisions of this act and other relevant data and make a report to the General Assembly no later than March 1, 1994.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 8th day of April, 1992.