Bill Text: SC H4798 | 2011-2012 | 119th General Assembly | Comm Sub


Bill Title: Municipal Court trials

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-06-27 - Act No. 263 [H4798 Detail]

Download: South_Carolina-2011-H4798-Comm_Sub.html

COMMITTEE AMENDMENT ADOPTED

May 31, 2012

H. 4798

Introduced by Reps. McLeod and Bowers

S. Printed 5/31/12--S.

Read the first time May 2, 2012.

            

A BILL

TO AMEND SECTION 5-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRIAL OF A PERSON IN A MUNICIPAL COURT, SO AS TO REVISE THE PERIOD OF TIME A PERSON MUST BE TRIED AFTER THE DATE OF HIS ARREST.

Amend Title To Conform

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

SECTION    1.    Section 5-7-90 of the 1976 Code is amended to read:

"Section 5-7-90.    The mayor or municipal judge or judges of any a municipality shall speedily try all persons charged arrested and incarcerated with violations of the ordinances of the municipality or the laws of the State within their jurisdiction in a summary manner without a jury unless jury trial is demanded by the accused. Trial shall must be held within seven ten days after such the arrest or at such a time as may be agreed upon scheduled by the court, in which event the trial shall be is deferred. The mayor or municipal judge shall have the same power as a magistrate to compel the attendance of witnesses and require them to give evidence upon the trial before them of any person for the violation of ordinances of the municipality or the laws of this State subject to Section 5-7-30."

SECTION    2.    This act takes effect upon approval by the Governor.

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