South Carolina General Assembly
120th Session, 2013-2014

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A241, R268, S176

STATUS INFORMATION

General Bill
Sponsors: Senator Young
Document Path: l:\s-res\try\010moti.hm.try.docx
Companion/Similar bill(s): 3076

Introduced in the Senate on January 8, 2013
Introduced in the House on April 9, 2013
Last Amended on May 29, 2014
Passed by the General Assembly on June 3, 2014
Governor's Action: June 6, 2014, Signed

Summary: Magistrate courts

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    1/8/2013  Senate  Introduced and read first time (Senate Journal-page 111)
    1/8/2013  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 111)
    3/8/2013  Senate  Referred to Subcommittee: S.Martin (ch), McElveen, Young
   3/20/2013  Senate  Committee report: Favorable Judiciary 
                        (Senate Journal-page 11)
   3/21/2013  Senate  Read second time (Senate Journal-page 30)
   3/21/2013  Senate  Roll call Ayes-41  Nays-0 (Senate Journal-page 30)
   3/21/2013          Scrivener's error corrected
    4/9/2013  Senate  Read third time and sent to House 
                        (Senate Journal-page 16)
    4/9/2013  House   Introduced and read first time (House Journal-page 54)
    4/9/2013  House   Referred to Committee on Judiciary 
                        (House Journal-page 54)
   5/14/2014  House   Committee report: Favorable with amendment Judiciary 
                        (House Journal-page 7)
   5/20/2014  House   Amended (House Journal-page 59)
   5/20/2014  House   Read second time (House Journal-page 59)
   5/20/2014  House   Roll call Yeas-91  Nays-16 (House Journal-page 59)
   5/21/2014  House   Reconsidered (House Journal-page 8)
   5/21/2014  House   Debate adjourned until Thur., 5-12-14 
                        (House Journal-page 108)
   5/22/2014  House   Amended (House Journal-page 14)
   5/22/2014  House   Read second time (House Journal-page 14)
   5/22/2014  House   Roll call Yeas-103  Nays-0 (House Journal-page 15)
   5/22/2014  House   Unanimous consent for third reading on next legislative 
                        day (House Journal-page 16)
   5/23/2014  House   Read third time and returned to Senate with amendments 
                        (House Journal-page 2)
   5/29/2014  Senate  House amendment amended (Senate Journal-page 101)
   5/29/2014  Senate  Roll call Ayes-44  Nays-0 (Senate Journal-page 101)
   5/29/2014  Senate  Returned to House with amendments 
                        (Senate Journal-page 101)
   5/30/2014          Scrivener's error corrected
    6/3/2014  House   Concurred in Senate amendment and enrolled 
                        (House Journal-page 76)
    6/3/2014  House   Roll call Yeas-98  Nays-0 (House Journal-page 76)
    6/5/2014          Ratified R 268
    6/6/2014          Signed By Governor
   6/13/2014          Effective date 06/06/14
   6/16/2014          Act No. 241

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/8/2013
3/20/2013
3/21/2013
5/14/2014
5/20/2014
5/22/2014
5/29/2014
5/30/2014


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A241, R268, S176)

AN ACT TO AMEND SECTION 22-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR A MOTION FOR NEW TRIAL AND APPEAL IN MAGISTRATES COURT, SO AS TO INCREASE THE TIME PERIOD IN WHICH A MOTION FOR A NEW TRIAL MAY BE MADE FROM FIVE TO TEN DAYS, AND TO PROVIDE AN EXCEPTION FOR MOTIONS FOR A NEW TRIAL MADE UNDER CHAPTERS 37 AND 40, TITLE 27.

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

Motion for a new trial, time period increased, exception

SECTION    1.    Section 22-3-1000 of the 1976 Code is amended to read:

"Section 22-3-1000.    (A)    Except as provided in subsection (B), a motion for a new trial may not be heard unless made within ten days from the rendering of the judgment. The right of appeal from the judgment exists for thirty days after the rendering of the judgment. A magistrate's order of restitution may be appealed within thirty days. The order of restitution may be appealed separately from an appeal relating to the conviction.

(B)    The provisions of subsection (A) do not apply to a motion for a new trial made under Chapters 37 and 40, Title 27. A motion for a new trial made under Chapters 37 and 40, Title 27 must be requested within five days from the rendering of the judgment."

Savings clause

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.

Time effective

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

Ratified the 5th day of June, 2014.

Approved the 6th day of June, 2014.

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This web page was last updated on July 24, 2014 at 3:50 PM