Current Status Introducing Body:
HouseBill Number: 3043Ratification Number: 274Act Number: 183Primary Sponsor: ScottType of Legislation: GBSubject: Magistrates, community service provisionsDate Bill Passed both Bodies: 19930614Computer Document Number: 436/12672.ACGovernor's Action: SDate of Governor's Action: 19930621Introduced Date: 19930112Date of Last Amendment: 19930614Last History Body: ------Last History Date: 19930621Last History Type: Act No. 183Scope of Legislation: StatewideAll Sponsors: ScottType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 3043 ------ 19930621 Act No. 183 3043 ------ 19930621 Signed by Governor 3043 ------ 19930615 Ratified R 274 3043 House 19930614 Ordered enrolled for ratification 3043 Senate 19930614 Free Conference Committee 99 Report received, adopted 3043 House 19930614 Free Conference Committee 99 Report received, adopted 3043 House 19930603 Free Conference Powers 99 Jennings granted, appointed Reps. to Simrill Committee of Free Conference Graham 3043 Senate 19930603 Free Conference Powers 99 Holland granted, appointed Senators Hayes to Committee of Free Peeler Conference 3043 House 19930603 Conference powers granted, 98 Graham appointed Reps. to Committee Simrill of Conference Jennings 3043 Senate 19930603 Conference powers granted, 98 Holland appointed Senators to Hayes Committee of Conference Peeler 3043 Senate 19930603 Insists upon amendment 3043 House 19930603 Non-concurrence in Senate amendment 3043 Senate 19930602 Amended, read third time, returned to House with amendments 3043 Senate 19930602 Reconsidered vote whereby Amendment No. 4 was adopted; amendment withdrawn 3043 Senate 19930602 Amended 3043 Senate 19930601 Debate interrupted by adjournment 3043 Senate 19930526 Made Special Order 3043 Senate 19930429 Amended, read second time, ordered to third reading with notice of general amendments 3043 Senate 19930428 Committee Report: Favorable 11 with amendment 3043 Senate 19930209 Introduced, read first time, 11 referred to Committee 3043 House 19930209 Read third time, sent to Senate 3043 House 19930204 Amended, read second time 3043 House 19930203 Committee Report: Favorable 25 with amendment 3043 House 19930112 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
(A183, R274, H3043)
AN ACT TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO SUSPEND SENTENCES IN CERTAIN CASES, SO AS TO PROVIDE THAT UP TO ONE HUNDRED HOURS OF COMMUNITY SERVICE MAY BE IMPOSED OR SUSPENDED WHERE AN AMOUNT IS NOT PROVIDED OTHERWISE, AND TO PROHIBIT A MAGISTRATE FROM ORDERING COMMUNITY SERVICE IN LIEU OF A SENTENCE FOR CERTAIN OFFENSES; TO ADD SECTION 22-1-25 SO AS TO ESTABLISH A MANDATORY RETIREMENT AGE OF SEVENTY-TWO FOR MAGISTRATES; TO AMEND SECTION 8-13-910 RELATING TO STATEMENTS OF ECONOMIC INTEREST FILED BY CANDIDATES FOR OFFICES ELECTED OR CONSENTED TO BY THE GENERAL ASSEMBLY SO AS TO PROVIDE THAT THE STATEMENTS OF CANDIDATES FOR WHOM THE ADVICE AND CONSENT OF THE SENATE OR GENERAL ASSEMBLY IS REQUIRED MUST BE FORWARDED BY THE APPOINTING AUTHORITY WITH THE APPOINTMENT RATHER THAN FILED BY THE CANDIDATE WITH THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES; TO ADD SECTION 1-3-215 SO AS TO PROVIDE THAT THE GOVERNOR MUST SUBMIT CERTAIN INFORMATION TO THE SENATE ON APPOINTMENTS REQUIRING THE ADVICE AND CONSENT OF THE SENATE.
Be it enacted by the General Assembly of the State of South Carolina:
Suspension of sentences; community service in lieu of sentence; exceptions
SECTION 1. Section 22-3-800 of the 1976 Code is amended to read:
"Section 22-3-800. Notwithstanding the limitations of Sections 17-25-100 and 24-21-410, after a conviction or plea for an offense within a magistrate's jurisdiction the magistrate at the time of sentence may suspend the imposition or execution of a sentence upon terms and conditions the magistrate considers appropriate, including imposing or suspending up to one hundred hours of community service, except where the amount of community service is established otherwise. The magistrate shall not order community service in lieu of a sentence for offenses under Title 50, for offenses under Section 34-11-90, or for an offense of driving under suspension pursuant to Section 56-1-460 when the person's driver's license was suspended pursuant to the provisions of Section 56-5-2990. The magistrate must keep records on the community service hours ordered and served for each sentence. However, after a conviction or plea for drawing and uttering a fraudulent check or other instrument in violation of Section 34-11-60 within the magistrate's jurisdiction, at the time of sentence the magistrate may suspend the imposition or execution of a sentence only upon a showing of satisfactory proof of restitution. When a minimum sentence is provided for by statute, except in Section 34-11-90, the magistrate may not suspend that sentence below the minimum sentence provided, and penalties under Title 50 may not be suspended to an amount less than twenty-five dollars unless the minimum penalty is a fine of less than that amount. Nothing in this section may be construed to authorize or empower a magistrate to suspend a specific suspension of a right or privilege imposed under a statutory administrative penalty. Nothing in this section may be construed to give a magistrate the right to place a person on probation."
Mandatory retirement at age seventy-two for magistrates
SECTION 2. Chapter 1 of Title 22 of the 1976 Code is amended by adding:
"Section 22-1-25. Notwithstanding the provisions of Section 9-1-1530 or Section 1-13-80(h)(8), (10) or (12), it shall be mandatory for a magistrate to retire not later than the end of the fiscal year in which he reaches his seventy-second birthday. Any magistrate serving in office on the effective date of this section who has attained the age of seventy-two years prior to July 1, 1993, may continue to serve until June 30, 1994."
Filing of statements of economic interest for candidates elected or consented to by the General Assembly; authority with whom to file
SECTION 3. Section 8-13-910 of the 1976 Code, as added by Act 248 of 1992, is amended to read:
"Section 8-13-910. (A) No person who is a candidate for public office which is filled by election by the General Assembly may be voted upon by the General Assembly until at least ten days following the date on which the candidate files a statement of economic interests as defined in this chapter with the Chairman of the Senate Ethics Committee and the Chairman of the House of Representatives Ethics Committee.
(B) No person who is appointed to an office which is filled with the advice and consent of the Senate or the General Assembly may be confirmed unless the appointment, when received by the Senate and/or the House, is accompanied by a current original copy of a statement of economic interests which has been filed with the appointing authority and is transmitted with the appointment and until at least ten days following the date on which the appointment, with the attached original economic interests statement, has been received by the Senate and/or the House."
Governor to submit information on appointees requiring advice and consent of Senate
SECTION 4. Chapter 3 of Title 1 of the 1976 Code is amended by adding:
"Section 1-3-215. Appointments of the Governor requiring the advice and consent of the Senate must be transmitted to the Senate and must contain at a minimum the following information:
(1) the title of the office to which the individual is being appointed;
(2) the designation of any special seat, discipline, interest group, or other designated entity that the individual is representing or is chosen from;
(3) the full legal name of the individual being appointed;
(4) the current street or mailing address and telephone number;
(5) the county, counties, district, or other geographic area or political subdivision being represented;
(6) the name of the individual being replaced if the appointment is not an initial appointment; and
(7) the commencement and ending date of the term of office."
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 21st day of June, 1993.