summary
Introduced
01/14/2025
01/14/2025
In Committee
01/14/2025
01/14/2025
Crossed Over
Passed
Dead
Introduced Session
126th General Assembly
Bill Summary
Amend The South Carolina Code Of Laws 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.
AI Summary
This bill adds a new section to South Carolina law regarding the issuance of bench warrants for failure to appear in general sessions court. Specifically, after an initial court appearance, a circuit court judge cannot issue a bench warrant for failure to appear if requested by a solicitor (prosecutor) unless the solicitor has publicly posted a list of potential bench warrants at the courthouse and on their website at least 48 hours before requesting the warrant. The bill provides two exceptions to this requirement: if the judge independently (sua sponte) decides to issue the bench warrant, or if the person has been personally served with a specific court appearance date. The new law aims to provide more transparency and advance notice before issuing bench warrants, potentially giving defendants more opportunity to address scheduling issues or resolve potential conflicts. The bill would take effect upon the Governor's approval and does not retroactively affect any pending legal actions or existing rights.
Committee Categories
Justice
Sponsors (1)
Last Action
Referred to Committee on Judiciary (on 01/14/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.scstatehouse.gov/billsearch.php?billnumbers=3067&session=126&summary=B |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/3067_20241205.htm |
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