South Carolina General Assembly
113th Session, 1999-2000

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Bill 3035


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3035
Ratification Number:              146
Act Number:                       78
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990112
Primary Sponsor:                  Knotts
All Sponsors:                     Knotts
Drafted Document Number:          l:\council\bills\bbm\10041som99.doc
Companion Bill Number:            223
Date Bill Passed both Bodies:     19990602
Date of Last Amendment:           19990602
Governor's Action:                S
Date of Governor's Action:        19990611
Subject:                          Courts, municipal and magistrate; may 
                                  order restitution in amount not to exceed five 
                                  thousand dollars, appeals


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  19990702  Act No. A78
------  19990611  Signed by Governor
------  19990609  Ratified R146
Senate  19990602  Ordered enrolled for ratification
House   19990602  Free Conference Committee Report       99 HFCC
                  adopted
House   19990602  Free Conference Powers granted,        99 HFCC F. Smith
                  appointed Reps. to Committee of                Hawkins
                  Free Conference                                Knotts
Senate  19990602  Free Conference Committee Report       89 SFCC
                  adopted
Senate  19990602  Free Conference Powers granted,        89 SFCC Bryan
                  appointed Senators to Committee                Wilson
                  of Free Conference                             Hutto
Senate  19990527  Conference powers granted,             88 SCC  Bryan
                  appointed Senators to Committee                Wilson
                  of Conference                                  Hutto
House   19990526  Conference powers granted,             98 HCC  F. Smith
                  appointed Reps. to Committee of                Hawkins
                  Conference                                     Knotts
House   19990526  Insists upon amendment
Senate  19990526  Non-concurrence in House amendment
House   19990525  Senate amendments amended,
                  returned to Senate with amendment
Senate  19990519  Amended, read third time, 
                  returned to House with amendment
Senate  19990513  Read second time, notice of
                  general amendments
Senate  19990512  Recalled from Committee,               11 SJ
                  placed on the Calendar
Senate  19990304  Introduced, read first time,           11 SJ
                  referred to Committee
House   19990303  Read third time, sent to Senate
House   19990302  Amended, read second time
House   19990225  Committee report: Favorable with       25 HJ
                  amendment
House   19990112  Introduced, read first time,           25 HJ
                  referred to Committee
House   19981209  Prefiled, referred to Committee        25 HJ


                             Versions of This Bill
Revised on February 25, 1999 - Word format
Revised on March 2, 1999 - Word format
Revised on May 12, 1999 - Word format
Revised on May 19, 1999 - Word format
Revised on May 25, 1999 - Word format
Revised on June 2, 1999 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A78, R146, H3035)

AN ACT TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE, SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS IN ADDITION TO CRIMINAL PENALTIES, SET A PAYMENT SCHEDULE, AND HOLD A PARTY IN CONTEMPT FOR FAILURE TO PAY RESTITUTION UNDER CERTAIN CONDITIONS; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S CRIMINAL JURISDICTION, SO AS TO PROVIDE THAT THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS, SET A PAYMENT SCHEDULE, AND HOLD A PARTY IN CONTEMPT FOR FAILURE TO PAY RESTITUTION UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 22-3-1000, AS AMENDED, RELATING TO TIME PERIODS FOR NEW TRIALS AND APPEALS FROM MAGISTRATE'S COURT, SO AS TO EXTEND THE PERIOD FOR APPEAL AND TO PROVIDE THAT THE ORDER OF RESTITUTION MAY BE APPEALED SEPARATELY FROM AN APPEAL RELATING TO THE CONVICTION.

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

Restitution; not to exceed five thousand dollars; payment schedule; contempt

SECTION 1. Section 14-25-65 of the 1976 Code, as last amended by Act 171 of 1993, is further amended to read:

"Section 14-25-65. If a municipal judge finds a party guilty of violating a municipal ordinance or a state law within the jurisdiction of the court, he may impose a fine of not more than five hundred dollars or imprisonment for thirty days, or both. In addition, a municipal judge may order restitution in an amount not to exceed five thousand dollars. In determining the amount of restitution, the judge shall determine and itemize the actual amount of damage or loss in the order. In addition, the judge may set an appropriate payment schedule.

A municipal judge may hold a party in contempt for failure to pay the restitution ordered if the judge finds the party has the ability to pay."

Restitution; not to exceed five thousand dollars; payment schedule; contempt

SECTION 2. Section 22-3-550 of the 1976 Code, as last amended by Act 138 of 1995, is further amended to read:

"Section 22-3-550. (A) Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both. In addition, a magistrate may order restitution in an amount not to exceed five thousand dollars. In determining the amount of restitution, the judge shall determine and itemize the actual amount of damage or loss in the order. In addition, the judge may set an appropriate payment schedule.

A magistrate may hold a party in contempt for failure to pay the restitution ordered if the judge finds the party has the ability to pay.

(B) However, a magistrate shall not have the power to sentence any person to consecutive terms of imprisonment totaling more than ninety days except for convictions resulting from violations of Chapter 11 of Title 34, pertaining to fraudulent checks, or violations of Section 16-13-110(B)(1), relating to shoplifting. Further, a magistrate must specify an amount of restitution in damages at the time of sentencing as an alternative to any imprisonment of more than ninety days which is lawfully imposed. The provisions of this subsection do not affect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."

Extend time frame for appeal; allow separate appeal for restitution

SECTION 3. Section 22-3-1000 is amended to read:

"Section 22-3-1000. No motion for a new trial may be heard unless made within five days from the rendering of the judgment. The right of appeal from the judgment exists for thirty days after the rendering of the judgment. A magistrate's order of restitution may be appealed within thirty days. The order of restitution may be appealed separately from an appeal, if any, relating to the conviction."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 9th day of June, 1999.

Approved the 11th day of June, 1999.

__________


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