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H. 3697

STATUS INFORMATION

General Bill
Sponsors: Reps. Lloyd, Loftis, Mack, Martin, Moody-Lawrence, Scott and Weeks
Document Path: l:\council\bills\swb\5226cm03.doc

Introduced in the House on February 26, 2003
Currently residing in the House Committee on Judiciary

Summary: Magistrates, electronic recording of testimony; must be retained for at least 30 days; provisions for granting a new trial

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/26/2003  House   Introduced and read first time HJ-114
   2/26/2003  House   Referred to Committee on Judiciary HJ-114

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/26/2003

TO AMEND SECTION 22-3-790, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING AND ACKNOWLEDGMENT OF TESTIMONY PRESENTED BEFORE A MAGISTRATE, SO AS TO PROVIDE THAT IN A CASE IN WHICH A STENOGRAPHER RECORDS THE TESTIMONY OR A CASE IN WHICH TESTIMONY IS ELECTRONICALLY RECORDED, THE RECORD OF THE TESTIMONY MUST BE RETAINED BY THE MAGISTRATE FOR AT LEAST SIXTY DAYS, AND TO PROVIDE THAT IF THE MAGISTRATE FAILS TO MAINTAIN THE RECORD OF THIS TESTIMONY, THEN AN APPELLATE COURT MUST GRANT THE DEFENDANT A NEW TRIAL UPON AN APPEAL OF THE MAGISTRATE'S VERDICT; AND TO AMEND SECTION 14-25-195, RELATING TO THE RIGHT OF A PARTY IN CERTAIN MUNICIPAL COURT TRIALS TO HAVE TESTIMONY RECORDED, SO AS TO PROVIDE THAT A MUNICIPAL COURT JUDGE MUST RETAIN A RECORDING OF TESTIMONY FOR AT LEAST SIXTY DAYS AFTER A TRIAL, AND TO PROVIDE THAT AN APPELLATE COURT MAY GRANT A DEFENDANT A NEW TRAIL IF THE MUNICIPAL COURT JUDGE FAILS TO MAINTAIN A RECORD OF THE TESTIMONY FOR AT LEAST SIXTY DAYS.

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

SECTION    1.    Section 22-3-790 of the 1976 Code is amended to read:

"Section 22-3-790.    In the trial of any a case before a magistrate the testimony of all witnesses must be taken down recorded in writing and signed by the witnesses except when the defendant waives the taking and signing of the testimony.

In any a case before any a magistrate in which a stenographer takes down records the testimony or in which the testimony is electronically recorded, it need not be read over and signed by the witnesses, but must be retained by the magistrate for at least sixty days after the trial and while motions and appeals are pending. If the magistrate fails to maintain the record of this testimony for at least sixty days, then an appellate court may grant the defendant a new trial upon appeal of the magistrate's verdict."

SECTION    2.    Section 14-25-195 of the 1976 Code is amended to read:

"Section 14-25-195.    Any A party shall have the right to have the testimony given at a jury trial in any a municipal court taken stenographically or mechanically by a reporter; provided, that. Nothing herein shall operate to prevent any such in this section prevents a party from mechanically recording the proceedings himself. The requesting party shall pay the charges of such the reporter for taking and transcribing if such the testimony is recorded by a municipal court reporter. All stenographical or mechanical recordings of testimony must be retained by the municipal judge for at least sixty days after the trial and while motions are pending. If the municipal judge fails to maintain the record of this testimony for at least sixty days, then an appellate court may grant the defendant a new trial upon appeal of the municipal judge's verdict."

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

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