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Current Status Bill Number:View additional legislative information at the LPITS web site.687 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010516 Primary Sponsor:Ford All Sponsors:Ford Drafted Document Number:l:\council\bills\skb\18440som01.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Magistrates, jurisdiction in criminal or civil cases; separate and exclusive territorial jurisdiction repealed; Courts History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010516 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND CHAPTER 3, TITLE 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES COURT, SO AS TO ADD SECTION 22-3-115 PROVIDING THAT CIVIL ACTIONS OVER WHICH MAGISTRATES HAVE CONCURRENT JURISDICTION MUST BE FILED IN THE OFFICE OF THE CHIEF MAGISTRATE FOR ADMINISTRATIVE PURPOSES OF THE COUNTY AND TO PROVIDE THAT THE CHIEF MAGISTRATE MAY ASSIGN THE CASE TO ANY MAGISTRATE IN THE COUNTY; TO ADD SECTION 22-3-705 PROVIDING THAT ALL CRIMINAL PROCEEDINGS OVER WHICH MAGISTRATES HAVE JURISDICTION MUST BE COMMENCED IN THE OFFICE OF THE CHIEF MAGISTRATE FOR ADMINISTRATIVE PURPOSES OF THE COUNTY AND TO PROVIDE THAT THE CHIEF MAGISTRATE MAY ASSIGN THE CASE TO ANY MAGISTRATE IN THE COUNTY AND THAT CRIMINAL CASES MUST BE TRIED IN THE JURY AREA WHERE THE OFFENSE WAS COMMITTED; TO AMEND SECTION 22-3-920, RELATING TO CHANGE IN VENUE FOR CASES IN MAGISTRATES COURT, SO AS TO DELETE LANGUAGE CONCERNING MAGISTRATES HAVING SEPARATE AND EXCLUSIVE TERRITORIAL JURISDICTION; TO AMEND SECTION 50-13-1990, AS AMENDED, RELATING TO THE JURISDICTION OF MAGISTRATES FOR OFFENSES OF FISHING OR TRESPASSING IN FISH SANCTUARIES, SO AS TO DELETE LANGUAGE CONCERNING MAGISTRATES HAVING SEPARATE AND EXCLUSIVE TERRITORIAL JURISDICTION; AND TO REPEAL SECTIONS 22-3-530 AND 22-3-910, RELATING TO MAGISTRATES HAVING SEPARATE AND EXCLUSIVE TERRITORIAL JURISDICTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 22-3-115. Any civil action over which magistrates have concurrent jurisdiction must be filed in the office of the chief magistrate for administrative purposes of the county. The chief magistrate must provide for the orderly assignment of the case to any magistrate of the county, regardless of whether the case is transferred from circuit court or originally filed in magistrates court."
SECTION 2. The 1976 Code is amended by adding:
"Section 22-3-705. All criminal proceedings over which magistrates have jurisdiction must be commenced in the office of the chief magistrate for administrative purposes of the county. The chief magistrate must provide for the orderly assignment of the proceeding to any magistrate of the county, regardless of whether the proceeding is transferred from circuit court or originally set in magistrates court. Criminal cases must be tried in the jury area where the offense was committed pursuant to Section 22-2-170."
SECTION 3. Section 22-3-920 of the 1976 Code is amended to read:
"Section 22-3-920. Whenever in a case in the court of a magistrate, (a) either party in a civil case, after giving to the adverse party two days' notice that he intends to apply for a change of venue or (b) the prosecutor or accused in a criminal case shall file files with the magistrate issuing the warrant or summons an affidavit to the effect that he does not believe he can obtain a fair trial before the magistrate and setting sets forth the grounds of such belief, the papers shall be turned over to the nearest magistrate not disqualified from hearing the cause case in the county, who shall proceed to try the case as if he had issued the warrant or summons. But in counties in which magistrates have separate and exclusive territorial jurisdiction the change of venue shall be to another magistrate's district in the same county. One such transfer only shall be is allowed each party in any case."
SECTION 4. Section 50-13-1990 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-13-1990. Any person fishing or trespassing upon any property or waters so established as a sanctuary by the department is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding two hundred dollars or imprisonment not more than thirty days. In cases where magistrates have countywide territorial jurisdiction, the magistrate closest to the sanctuary where the offense occurred shall have has jurisdiction of the case. In counties where magistrates are given separate and exclusive territorial jurisdiction the case shall be tried as provided in Section 22-3-530."
SECTION 5. Sections 22-3-530 and 22-3-910 of the 1976 Code are repealed.
SECTION 6. This act takes effect July 1, 2001.
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