H3645 UTC for all MC offences

[Magic Matt]

H 3645 General Bill, By Pope, D.C. Moss, Simrill, Norman, McCoy, Murphy and King
Similar(S 463)

A BILL TO AMEND SECTION 56-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE ISSUANCE OF UNIFORM TRAFFIC TICKETS, SO AS TO PROVIDE THAT A
UNIFORM TRAFFIC TICKET MUST BE USED IN AN ARREST FOR A MISDEMEANOR OFFENSE
WITHIN THE JURISDICTION OF MAGISTRATES COURT THAT IS COMMITTED IN THE PRESENCE
OF A LAW ENFORCEMENT OFFICER.

B) In addition to the offenses contained in subsection (A), a uniform traffic ticket may be used in an arrest for a misdemeanor offense within the jurisdiction of magistrates court that has been freshly committed or is committed in the presence of a law enforcement officer.


Contact your legislator to support H3645 !!! http://www.scstatehouse.gov/

[vfm208]

I guess I'm ignorant, but how is this different from the way things are currently done? I always write tickets for misdemeanors. Is this delineate between Class C and Class A/B misdemeanors?

[Krell]

http://www.scstatehouse.gov/sess119_2011-2012/bills/3645.htm

If I'm reading this right, then this says that a UTC must be issued, instead of a city or county ordinance cite.

[vfm208]

Yeah, not totally sure how this is different from how it is done now. My agency does not issue warrants for misdemeanors.. it is always a summons (a.k.a. ticket).

[Magic Matt]

A warrant is needed for a court to have jurisdiction to hear a case, with the exception of summery court (Magistrates, City, Recorders) who will hear a case solely on a UTC if the offence is a traffic offence or listed in 56-7-10 section A). All other Magistrates offences MUST have an arrest warrant to vest a court with jurisdiction to hear and to dispose of the charge.

Which is about the craziest freaking thing I have heard and SC has lots of CRAZY crap! So now I make sure I write on Public Disorderly Conduct 16-17-530 and NOT Disturbing Schools 16-17-420, because while both are Magistrate only charges, PDC is on the A) list and Disturbing Schools is not on the list and requires after booking in with a UTC and I then go to get a warrant from a judge so they will hear the case! Petty Larceny is not on the list but larceny of a bicycle is, Malicious Injury to animal/property is but Simple Assault (assault 3rd now) is not…

This Bill will make all Magistrate charges to be treated the same, easier on police and less tying up of the courts.

[Magic Matt]

Only part that changes is section B), C) stays the same and as it currently allows (it must) city/county ordinance cite, I don’t see this changing them.

[Magic Matt]

Yeah, not totally sure how this is different from how it is done now. My agency does not issue warrants for misdemeanors.. it is always a summons (a.k.a. ticket).

What is supposed to happen and what MC’s are doing across the state are not apparently the same. This Bill will legally allow what apparently some courts are doing…