Current Status Bill Number:3779 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970401 Primary Sponsor:Jennings All Sponsors:Jennings Drafted Document Number:kgh\15057cm.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Indictment, failure to indict and trial of persons committed for treason, felony; term of court defined, Courts
Body Date Action Description Com Leg Involved
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House 19970401 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 17-23-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INDICTMENT OR FAILURE TO INDICT AND TRIAL OF PERSONS COMMITTED FOR TREASON OR FELONY, SO AS TO DEFINE A "TERM OF COURT".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-23-90 of the 1976 Code is amended to read:
"Section 17-23-90. If any person committed for treason or felony, plainly and specially expressed in the warrant of commitment, upon his prayer or petition in open court the first week of the term to be brought to his trial shall not be indicted some time in the next term after such commitment, the judge of the circuit court shall, upon motion made in open court the last day of the term either by the prisoner or anyone in his behalf, set at liberty the prisoner upon bail, unless it appear to him, upon oath made, that the witnesses for the State could not be produced at the same term. And if any person committed as aforesaid, upon his prayer or petition in open court the first week of the term to be brought to his trial, shall not be indicted and tried the second term after his commitment or upon his trial shall be acquitted, he shall be discharged from his imprisonment. A 'term of court' is defined as one week of court set by the Chief Justice."
SECTION 2. This act takes effect upon approval by the Governor.