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Indicates Matter Stricken
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S. 282
STATUS INFORMATION
General Bill
Sponsors: Senators McConnell, Ford and Davis
Document Path: l:\s-jud\bills\mcconnell\jud0055.jjg.docx
Introduced in the Senate on January 15, 2009
Introduced in the House on May 12, 2009
Currently residing in the House
Summary: Arrest warrants
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/15/2009 Senate Introduced and read first time SJ-7 1/15/2009 Senate Referred to Committee on Judiciary SJ-7 1/23/2009 Senate Referred to Subcommittee: Hutto (ch), Rose, Shoopman 5/6/2009 Senate Committee report: Favorable with amendment Judiciary SJ-8 5/7/2009 Senate Committee Amendment Amended and Adopted SJ-26 5/7/2009 Senate Read second time SJ-26 5/8/2009 Scrivener's error corrected 5/12/2009 Senate Read third time and sent to House SJ-10 5/12/2009 House Introduced and read first time HJ-108 5/12/2009 House Referred to Committee on Judiciary HJ-108 6/2/2010 House Recalled from Committee on Judiciary HJ-85 6/3/2010 Scrivener's error corrected 6/3/2010 House Debate adjourned HJ-22
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
1/15/2009
5/6/2009
5/7/2009
5/8/2009
6/2/2010
6/3/2010
Indicates Matter Stricken
Indicates New Matter
RECALLED
June 2, 2010
S. 282
S. Printed 6/2/10--H. [SEC 6/3/10 11:47 AM]
Read the first time May 12, 2009.
TO AMEND SECTION 22-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATED TO MAGISTRATES' POWERS AND DUTIES REGARDING THE ISSUANCE OF ARREST WARRANTS AND COURTESY SUMMONS, SO AS TO PROVIDE THAT NO ARREST WARRANT SHALL BE ISSUED FOR THE ARREST OF A PERSON UNLESS SOUGHT BY A MEMBER OF A LAW ENFORCEMENT AGENCY ACTING IN THEIR OFFICIAL CAPACITY; AND TO PROVIDE THAT IF AN ARREST WARRANT IS SOUGHT BY SOMEONE OTHER THAN A LAW ENFORCEMENT OFFICER, THE COURT MUST ISSUE A COURTESY SUMMONS, EXCEPT WHEN A BUSINESS IS SEEKING AN ARREST WARRANT FOR ANY OFFENSE AGAINST THE BUSINESS OR A PERSON IS SEEKING AN ARREST WARRANT FOR A FRAUDULENT CHECK, IF THE FRAUDULENT CHECK IS PRESENTED TO THE MAGISTRATE AT THE TIME THE WARRANT IS SOUGHT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-5-110 of the 1976 Code is amended to read:
"Section 22-5-110. (A) Magistrates shall:
(1) cause to be arrested all persons found within their counties charged with any offense and persons who after committing any offense within the county escapeflee out of it,the county;
(2) examine into treasons, felonies, grand larcenies, high crimes, and misdemeanors,;
(3) commit or bind over for trial those who appear to be guilty of crimes or offenses not within their jurisdiction,; and
(4) punish those guilty of such offenses within their jurisdiction.
(B) Notwithstanding another provision of law, a person charged with any misdemeanor offense requiring a warrant signed by nonlaw enforcement personnel to ensure the arrest of a person must be given a courtesy summons.
(B)(1) No arrest warrant shall be issued for the arrest of a person unless sought by a member of a law enforcement agency acting in their official capacity.
(2) If an arrest warrant is sought by someone other than a law enforcement officer, the court must issue a courtesy summons. This provision does not apply to a business seeking an arrest warrant for any offense against the business, a person seeking an arrest warrant for a fraudulent check, if the fraudulent check is presented to the magistrate at the time the warrant is sought, or offenses involving criminal domestic violence, harassment, or assault and battery of a high and aggravated nature.
(3) If a defendant named in a courtesy summons fails to appear before the court pursuant to the summons, the court may issue an arrest warrant for the underlying offense based upon the original sworn statement of the affiant who sought the courtesy summons, provided the sworn statement establishes probable cause that the underlying offense was committed."
SECTION 2. This act takes effect upon approval by the Governor.
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