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Bill 1276

                    Current Status

Bill Number:                      1276
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20000323
Primary Sponsor:                  Hutto
All Sponsors:                     Hutto
Drafted Document Number:          l:\s-res\cbh\010magi.dmb.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Date of Last Amendment:           20000504
Subject:                          Courts, criminal cases; general sessions 
                                  court chief judge to retain supervision over 
                                  cases sent to magistrates court


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000510  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  20000509  Read third time, sent to House
Senate  20000504  Amended, read second time, 
                  notice of general amendments
Senate  20000426  Recalled from Committee,               11 SJ
                  placed on the Calendar
Senate  20000323  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
Revised on April 26, 2000 - Word format
Revised on May 4, 2000 - Word format

Indicates Matter Stricken

Indicates New Matter

AMENDED

May 4, 2000

S. 1276

S. Printed 5/4/00--S.

Read the first time March 23, 2000.

TO AMEND SECTION 22-4-545(C), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT SO AS TO PROVIDE THAT THE CHIEF ADMINISTRATIVE JUDGE FOR THE COURT OF GENERAL SESSIONS SHALL RETAIN CERTAIN ADMINISTRATIVE SUPERVISION OVER CASES WHICH ARE TRANSFERRED TO MAGISTRATE'S COURT.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 22-4-545(C) of the 1976 Code is amended to read:

"(C) All cases transferred to the magistrate's or municipal court must be prosecuted by the solicitor's office. The Chief Judge for Administrative Purposes for the Court of General Sessions shall retain administrative supervision of cases transferred pursuant to this section. The chief magistrate of the county or the chief municipal judge of the municipality upon petition of the solicitor, and approval of the Chief Judge for Administrative Purposes for the Court of General Sessions, shall set the terms of court and order the magistrates and municipal judges to hold terms of court on specific times and dates for the disposition of these cases."

SECTION 2. The 1976 Code is amended by adding:

"Section 17-23-162. The affiant on an arrest warrant must be present to testify at the preliminary hearing of the person arrested pursuant to the warrant."

SECTION 3. This act takes effect upon approval by the Governor.

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