Current Status Introducing Body:
HouseBill Number: 5052Primary Sponsor: RudnickCommittee Number: 25Type of Legislation: GBSubject: Magistrate jurisdiction, dismissal of offenseResiding Body: HouseCurrent Committee: JudiciaryComputer Document Number: GJK/20749SD.94Introduced Date: 19940412Last History Body: HouseLast History Date: 19940412Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: Rudnick G. Brown Harwell R. Smith Stone Allison Thomas Davenport StoddardType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 5052 House 19940412 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES, SO AS TO PROVIDE THAT A MAGISTRATE MAY DISMISS WITHOUT PREJUDICE ANY OFFENSE OVER WHICH HE HAS JURISDICTION IN WHICH THE PROSECUTING ATTORNEY OR THE LAW ENFORCEMENT OFFICERS INVOLVED, OR BOTH, FAIL TO APPEAR FOR TRIAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-3-550 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 22-3-550. Magistrates have jurisdiction of all offenses which may be subject to the penalties of either fine or forfeiture not exceeding five hundred dollars or imprisonment in the jail or workhouse not exceeding thirty days and may impose any sentence within those limits, singly or in the alternative. In addition, a magistrate may order restitution he considers appropriate.
In addition, a magistrate may dismiss without prejudice any offense over which he has jurisdiction in which the prosecuting attorney or the law enforcement officers involved, or both, fail to appear for trial."
SECTION 2. This act takes effect upon approval by the Governor.