2005-2006 Bill 71: Magistrate May Impose Or Suspend Community Service up to Two Hundred

South Carolina General Assembly

116th Session, 2005-2006

S. 71

STATUS INFORMATION

General Bill

Sponsors: Senators Thomas and Fair

Document Path: l:\council\bills\ms\7025ahb05.doc

Introduced in the Senate on January 11, 2005

Currently residing in the Senate Committee on Judiciary

Summary: Magistrate may impose or suspend community service up to two hundred fifty hours

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

12/8/2004SenatePrefiled

12/8/2004SenateReferred to Committee on Judiciary

1/11/2005SenateIntroduced and read first time SJ114

1/11/2005SenateReferred to Committee on JudiciarySJ114

2/4/2005SenateReferred to Subcommittee: Hutto (ch), Jackson, Land, Bryant

VERSIONS OF THIS BILL

12/8/2004

A BILL

TO AMEND SECTION 223800, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABILITY OF A MAGISTRATE TO SUSPEND IMPOSITION OR EXECUTION OF A SENTENCE, SO AS TO INCREASE THE AMOUNT OF COMMUNITY SERVICE A MAGISTRATE MAY IMPOSE OR SUSPEND FROM ONE HUNDRED HOURS TO TWO HUNDRED FIFTY HOURS.

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

SECTION1.Section 223800 of the 1976 Code, as last amended by Act 183 of 1993, is further amended to read:

“Section 223800.Notwithstanding the limitations of Sections 1725100 and 2421410, after a conviction or plea for an offense within a magistrate’s jurisdiction the magistrate at the time of sentence may suspend the imposition or execution of a sentence upon terms and conditions the magistrate considers appropriate, including imposing or suspending up to onetwo hundred fifty hours of community service, except where the amount of community service is established otherwise. The magistrate shall not order community service in lieu of a sentence for offenses underpursuant to Title 50, for offenses underpursuant to Section 341190, or for an offense of driving under suspension pursuant to Section 561460 when the person’s driver’s license was suspended pursuant to the provisions of Section 5652990. The magistrate mustshall keep records on the community service hours ordered and served for each sentence. However, after a conviction or plea for drawing and uttering a fraudulent check or other instrument in violation of Section 341160 within the magistrate’s jurisdiction, at the time of sentence the magistrate may suspend the imposition or execution of a sentence only upon a showing of satisfactory proof of restitution. When a minimum sentence is provided for by statute, except in Section 341190, the magistrate may not suspend that sentence below the minimum sentence provided, and penalties underpursuant to Title 50 may not be suspended to an amount less than twentyfive dollars unless the minimum penalty is a fine of less than that amount. Nothing in this section may be construed toThis section does not authorize or empower a magistrate to suspend a specific suspension of a right or privilege imposed under a statutory administrative penalty. Nothing in this section may be construed toThis section does not give a magistrate the right to place a person on probation.”

SECTION2.This act takes effect upon approval by the Governor.

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