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4081Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20010509Primary Sponsor: RutherfordAll Sponsors: RutherfordDrafted Document Number: l:\council\bills\ggs\22088cm01.docResiding Body: HouseCurrent Committee: Judiciary Committee 25 HJSubject: Arrest warrants, swearer of not law enforcement to have sworn witness statement before magistrate to issue; CourtsHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010509 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-115, SO AS TO PROVIDE THAT THE SWEARER OF AN ARREST WARRANT WHO IS NOT A LAW ENFORCEMENT OFFICER MUST PRESENT A MAGISTRATE WITH THE SWORN STATEMENT OF AT LEAST ONE ADDITIONAL CREDIBLE WITNESS OF THE CRIMINAL OFFENSE CONTAINED IN THE WARRANT BEFORE THE WARRANT MAY BE ISSUED BY THE MAGISTRATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 22-5-115. Notwithstanding another provision of law, the swearer of an arrest warrant who is not a law enforcement officer must present a magistrate with the sworn statement of at least one additional credible witness of the criminal offense contained in the warrant before the warrant may be issued by the magistrate."
SECTION 2 This act takes effect upon approval by the Governor.
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