Bill Text: SC H3342 | 2013-2014 | 120th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Bench warrants for failure to appear

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2014-01-23 - Veto sustained Yeas-39 Nays-67 [H3342 Detail]

Download: South_Carolina-2013-H3342-Amended.html

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

AMENDED

March 6, 2013

H. 3342

Introduced by Reps. Hart and King

S. Printed 3/6/13--H.

Read the first time January 16, 2013.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-175 SO AS TO PROVIDE THAT A JUDGE MAY NOT ISSUE A BENCH WARRANT FOR FAILURE TO APPEAR UNLESS THE SOLICITOR OR CLERK OF COURT HAS PROVIDED NOTICE TO THE ATTORNEY OF RECORD BEFORE ISSUING THE BENCH WARRANT.

Amend Title To Conform

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

SECTION    1.    Chapter 15, Title 17 of the 1976 Code is amended by adding:

"Section 17-15-175.    A judge may not issue a bench warrant for failure to appear in court upon motion by the solicitor or other prosecuting entity, unless the solicitor or the party charged with administering the general sessions docket has provided notice to the attorney of record and the bond surety company, if applicable, at least seventy-two hours before the bench warrant is issued. This section does not apply if the presiding judge sua sponte issues the bench warrant for failure to appear."

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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.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.