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A269, R347, H4215
Sponsors: Reps. Harrison, McLeod and Weeks
Document Path: l:\council\bills\agm\19506ahb10.docx
Introduced in the House on January 12, 2010
Introduced in the Senate on April 29, 2010
Last Amended on June 15, 2010
Passed by the General Assembly on June 15, 2010
Governor's Action: June 24, 2010, Signed
Summary: Appeals from Magistrate Court
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 11/17/2009 House Prefiled 11/17/2009 House Referred to Committee on Judiciary 1/12/2010 House Introduced and read first time HJ-32 1/12/2010 House Referred to Committee on Judiciary HJ-33 2/25/2010 House Member(s) request name added as sponsor: McLeod 3/24/2010 House Committee report: Favorable Judiciary HJ-32 4/15/2010 House Member(s) request name added as sponsor: Weeks 4/20/2010 House Requests for debate-Rep(s). Simrill, AD Young, Rutherford, Toole, Duncan, Merrill, Daning, Crawford, Weeks, GM Smith, JE Smith, JH Neal, Jefferson, Loftis, Hutto, King, and Knight HJ-23 4/27/2010 House Read second time HJ-87 4/27/2010 House Roll call Yeas-77 Nays-24 HJ-87 4/28/2010 House Read third time and sent to Senate HJ-60 4/29/2010 Senate Introduced and read first time 4/29/2010 Senate Referred to Committee on Judiciary 5/3/2010 Senate Referred to Subcommittee: L.Martin (ch), Rankin, Hutto, Bright, Davis 5/19/2010 Senate Committee report: Favorable with amendment Judiciary SJ-33 5/20/2010 Senate Committee Amendment Adopted SJ-38 5/20/2010 Senate Amended SJ-38 5/20/2010 Senate Read second time SJ-38 5/25/2010 Senate Read third time and returned to House with amendments SJ-28 5/26/2010 House Non-concurrence in Senate amendment HJ-50 6/1/2010 Senate Senate insists upon amendment and conference committee appointed Hutto, Massey, and Davis SJ-92 6/2/2010 House Conference committee appointed Reps. Kelly, Cole, and McLeod HJ-62 6/3/2010 Senate Free conference powers granted SJ-48 6/3/2010 Senate Free conference committee appointed Hutto, Massey, and Davis SJ-49 6/3/2010 Senate Free conference report adopted SJ-51 6/15/2010 House Free conference powers granted HJ-165 6/15/2010 House Free conference committee appointed Reps. Kelly, McLeod, and Cole HJ-166 6/15/2010 House Free conference report received and adopted HJ-166 6/15/2010 House Ordered enrolled for ratification HJ-170 6/21/2010 Ratified R 347 6/24/2010 Signed By Governor 7/2/2010 Effective date 06/24/10 7/8/2010 Act No. 269
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A269, R347, H4215)
AN ACT TO AMEND SECTION 18-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPEAL OF A DECISION OF A MAGISTRATE, SO AS TO PROVIDE THAT AN APPELLANT MUST FILE A NOTICE OF APPEAL WITH THE CLERK OF THE CIRCUIT COURT AND SERVE NOTICE UPON THE DESIGNATED AGENT FOR THE PROSECUTING AGENCY OR ATTORNEY WHO PROSECUTED THE CHARGE IN ADDITION TO THE MAGISTRATE WHO TRIED THE CASE.
Be it enacted by the General Assembly of the State of South Carolina:
Magistrates court, notice of appeal
SECTION 1. Section 18-3-30 of the 1976 Code is amended to read:
"Section 18-3-30. (A) The appellant, within ten days after sentence, shall file notice of appeal with the clerk of circuit court and shall serve notice of appeal upon the magistrate who tried the case and upon the designated agent for the prosecuting agency or attorney who prosecuted the charge, stating the grounds upon which the appeal is founded.
(B) A person convicted in magistrates court who pays a fine assessed by the court does not waive his right of appeal and, upon proper notice, may appeal his conviction within the time allotted in this section."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 21st day of June, 2010.
Approved the 24th day of June, 2010.
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