Current Status Introducing Body:Senate Bill Number:506 Ratification Number:518 Act Number:520 Primary Sponsor:Rose Type of Legislation:GB Subject:Magistrate, crimes committed in presence of Date Bill Passed both Bodies:19940601 Computer Document Number:DKA/4305AL.93 Governor's Action:S Date of Governor's Action:19940923 Introduced Date:19930304 Date of Last Amendment:19940526 Last History Body:------ Last History Date:19940923 Last History Type:Act No. 520 Scope of Legislation:Statewide All Sponsors:Rose Leventis Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
506 ------ 19940923 Act No. 520
506 ------ 19940923 Signed by Governor
506 ------ 19940602 Ratified R 518
506 Senate 19940601 Concurred in House amendment,
enrolled for ratification
506 Senate 19940601 Reconsidered vote whereby
non-concurred in House
amendments
506 Senate 19940531 Conference powers granted, 98 Rose
appointed Senators to Jackson
Committee of Conference Richter
506 House 19940531 Conference powers granted, 98 Delleney
appointed Reps. to Committee Jennings
of Conference A. Young
506 House 19940531 Insists upon amendment
506 Senate 19940531 Non-concurrence in House
amendment
506 House 19940527 Read third time, returned to
Senate with amendment
506 House 19940526 Amended, read second time,
unanimous consent for third
reading on Friday, May 27,
1994
506 House 19940518 Committee Report: Favorable 25
506 House 19940412 Introduced, read first time, 25
referred to Committee
506 Senate 19940407 Read third time, sent to House
506 Senate 19940405 Read second time, notice of
general amendments
506 Senate 19940331 Recalled from Committee, 11
placed on Calendar
506 Senate 19930304 Introduced, read first time, 11
referred to Committee
View additional legislative information at the LPITS web site.
(A520, R518, S506)
AN ACT TO REPEAL SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARREST FOR CRIMES COMMITTED IN MAGISTRATE'S PRESENCE, AND TO AMEND SECTIONS 14-25-95, 14-25-105, 18-3-10, 18-3-60, 18-3-70, AND 22-3-760, 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:
Repeal
SECTION 1. Section 22-5-120 of the 1976 Code is repealed.
Appeal to Court of Common Pleas
SECTION 2. 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 Common Pleas of the county in which the trial is held. Notice of intention to appeal, setting forth the grounds for appeal, 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 is considered waived. The party appealing shall enter into a bond, payable to the municipality, to appear and defend the appeal at the next term of the Court of Common Pleas or shall pay the fine assessed."
Appeal to Court of Common Pleas
SECTION 3. 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 Common Pleas, and the appeal must be heard by the presiding judge upon 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 must be filed with the Clerk of the Court of Common Pleas of the county in which the trial was held and the cause must be 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."
Appeal to Court of Common Pleas
SECTION 4. 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 Court of Common Pleas for the county."
Case placed upon common pleas calendar
SECTION 5. 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 motion calendar of the court of common pleas."
Appeal heard by Court of Common Pleas
SECTION 6. Section 18-3-70 of the 1976 Code is amended to read:
"Section 18-3-70. The appeal must be heard by the Court of Common Pleas upon the grounds of exceptions made and upon the papers required under this chapter, without the examination of witnesses in 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."
Right of appeal to Court of Common Pleas
SECTION 7. Section 22-3-760 of the 1976 Code is amended to read:
"Section 22-3-760. After the service the magistrate shall proceed with the trial as in criminal cases and if the defendant corporation 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 the case and the sentence may be enforced by an execution against the property of the defendant corporation in the same manner as now provided by law for enforcing the judgments of magistrates' courts; provided, that nothing herein may be construed to prevent the right of appeal by either party to the Court of Common Pleas, as is now provided by law in criminal cases within the jurisdiction of magistrates."
Time effective
SECTION 8. This act takes effect upon approval by the Governor.
Approved the 23rd day of September, 1994.