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COMMITTEE REPORT
February 25, 1999
H. 3035
S. Printed 2/25/99--H.
Read the first time January 12, 1999.
To whom was referred a Bill (H. 3035), 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, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ 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. Whenever the 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 he considers appropriate. In determining the appropriate 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 restitution ordered if the judge finds the party has the ability to pay."
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 he considers appropriate. In determining the appropriate 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 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 paragraph subsection do not affect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."
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 twenty-five days after the refusal of a motion for a new trial. A magistrate's order of restitution may be appealed separately from an appeal relating to the conviction."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON, for Committee.
EXPLANATION OF IMPACT:
Passage of this bill will not have a fiscal impact on the General Fund of the State or on federal and/or other funds.
LOCAL GOVERNMENT IMPACT:
In a survey of 27 local governments, 13 responded passage of this bill would have no or minimal impact on their locality.
Approved By:
Don Addy
Office of State Budget
REVENUE IMPACT1
This bill would have no impact on state or local revenue.
Explanation
This bill sets a limit for restitution awards to crime victims at $5,000 in magistrate court. This bill also adds a restitution award not to exceed $5,000 to the criminal penalties that a municipal court judge may impose. Currently, a magistrate may order restitution in an appropriate amount whereas restitution orders do not apply in municipal courts. This bill will have no impact on state or local revenue.
Approved By:
William C. Gillespie
Board of Economic Advisors
1/ This statement meets the requirement of Section 2-7-71 for a state revenue impact, Section 2-7-76 for a local revenue impact, and Section 6-1-85(B) for an estimate of the shift in local property tax incidence.
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 NOT TO EXCEED FIVE THOUSAND DOLLARS IN ADDITION TO CRIMINAL PENALTIES; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S CRIMINAL JURISDICTION SO AS TO PROVIDE THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS.
Be it enacted by the General Assembly of the State of South Carolina:
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. Whenever the 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."
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 he considers appropriate in an amount not to exceed five thousand dollars."
(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 paragraph subsection do not affect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."
SECTION 3. This act takes effect upon approval by the Governor.
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