Current Status Introducing Body:House Bill Number:3802 Primary Sponsor:Hodges Committee Number:11 Type of Legislation:GB Subject:Appeals, court of common pleas Residing Body:Senate Current Committee:Judiciary Computer Document Number:CYY/15388SD.93 Introduced Date:19930331 Last History Body:Senate Last History Date:19930525 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Hodges Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
3802 Senate 19930525 Introduced, read first time, 11
referred to Committee
3802 House 19930520 Read third time, sent to
Senate
3802 House 19930519 Read second time
3802 House 19930505 Committee Report: Favorable 25
3802 House 19930331 Introduced, read first time, 25
referred to Committee
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COMMITTEE REPORT
May 5, 1993
H. 3802
S. Printed 5/5/93--H.
Read the first time March 31, 1993.
To whom was referred a Bill (H. 3802), to amend Sections 14-25-95, 14-25-105, 18-3-10, 18-3-60, 18-3-70, and 22-3-760, Code of Laws of South Carolina, 1976, relating to cases in and appeals from Magistrates' Courts, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
JAMES H. HODGES, for Committee.
TO AMEND SECTIONS 14-25-95, 14-25-105, 18-3-10, 18-3-60, 18-3-70, AND 22-3-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CASES IN AND APPEALS FROM MAGISTRATES' COURTS AND MUNICIPAL COURTS, SO AS TO PROVIDE THAT THESE APPEALS MUST BE TO THE COURT OF COMMON PLEAS RATHER THAN TO THE COURT OF GENERAL SESSIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-25-95 of the 1976 Code is amended to read:
"Section 14-25-95. Any party shall have the right to appeal from the sentence or judgment of the municipal court to the Court of General Sessions Common Pleas of the county in which the trial is held. Notice of intention to appeal, setting forth the grounds for appeal, shall must be given in writing and served on the municipal judge or the clerk of the municipal court within ten days after sentence is passed or judgment rendered, or the appeal shall be deemed is considered waived. The party appealing shall enter into a bond, payable to the municipality, to appear and defend such the appeal at the next term of the Court of General Sessions Common Pleas or shall pay the fine assessed."
SECTION 2. Section 14-25-105 of the 1976 Code is amended to read:
"Section 14-25-105. In the event of an appeal, the municipal judge shall make a return to the Court of General Sessions Common Pleas, and the appeal shall must be heard by the presiding judge upon such the return. The return of the municipal judge shall consist of a written report of the charges preferred, the testimony, the proceedings, and the sentence or judgment. When the testimony has been taken by a reporter as provided herein, the return shall include the reporter's transcript of the testimony. The return shall must be filed with the Clerk of the Court of General Sessions Common Pleas of the county in which the trial was held and the cause shall must be docketed for trial in the same manner as is now provided for appeals from magistrate's courts placed on the motion calendar for the Court of Common Pleas. There shall be no trial de novo on any appeal from a municipal court."
SECTION 3. Section 18-3-10 of the 1976 Code is amended to read:
"Section 18-3-10. Every person convicted before a magistrate of any offense whatever and sentenced may appeal from the sentence to the next term of the court of general sessions Court of Common Pleas for the county;. provided, that in any county in which there is a county court, appeals in such cases shall be to the county court for the county."
SECTION 4. Section 18-3-60 of the 1976 Code is amended to read:
"Section 18-3-60. The clerk of court, upon receipt of the case, shall place it upon the proper docket of the court of general sessions for trial or other disposition at the next ensuing term of court the motion calendar of the court of common pleas."
SECTION 5. Section 18-3-70 of the 1976 Code is amended to read:
"Section 18-3-70. The appeal shall must be heard by the court of common pleas general sessions upon the grounds of exceptions made and upon the papers required under this chapter, without the examination of witnesses in such that court. And the court may either confirm the sentence appealed from, reverse or modify it, or grant a new trial, as to the court may seem meet and conformable to law."
SECTION 6. Section 22-3-760 of the 1976 Code is amended to read:
"Section 22-3-760. After such the service the magistrate shall proceed with the trial as in criminal cases and if such the defendant corporation shall be is found guilty of the offense charged, whether by a verdict of a jury or by the findings of the magistrate in case a trial by jury be waived by the defendant, the magistrate shall pronounce sentence in conformity with the law in such the case and such the sentence may be enforced by an execution against the property of such the defendant corporation in the same manner as now provided by law for enforcing the judgments of magistrates' courts; provided, that nothing herein shall may be construed to prevent the right of appeal by either party to the court of general sessions common pleas, as is now provided by law in criminal cases within the jurisdiction of magistrates."
SECTION 7. This act takes effect upon approval by the Governor.