South Carolina § 22-3-550 - Minor offenses; jurisdiction; restitution; contempt; maximum consecutive sentences.

§ 22-3-550. Minor offenses; jurisdiction; restitution; contempt; maximum consecutive sentences.

(A) Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both. In addition, a magistrate may order restitution in an amount not to exceed the civil jurisdictional amount provided in Section 22-3-10(2). In determining the amount of restitution, the judge shall determine and itemize the actual amount of damage or loss in the order. In addition, the judge may set an appropriate payment schedule.

A magistrate may hold a party in contempt for failure to pay the restitution ordered if the judge finds the party has the ability to pay. In addition, a magistrate may convert any unpaid restitution, fines, costs, fees, surcharges, and assessments to a civil judgment as provided in Section 17-25-323(C).

(B) However, a magistrate does not have the power to sentence a person to consecutive terms of imprisonment totaling more than ninety days except for convictions resulting from violations of Chapter 11, Title 34, pertaining to fraudulent checks, or violations of Section 16-13-110(B)(1), relating to shoplifting. Further, a magistrate must specify an amount of restitution in damages at the time of sentencing as an alternative to any imprisonment of more than ninety days which is lawfully imposed. The provisions of this subsection do not affect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545.

HISTORY: 1962 Code SECTION 43-63; 1952 Code SECTION 43-63; 1942 Code SECTION 923; 1932 Code SECTION 923; Cr. P. '22 SECTION 19; Cr. C. '12 SECTION 20; Cr. C. '02 SECTION 12; G. S. 823; R. S. 11; 1870 (14) 402; 1977 Act No. 113, SECTION 1; 1993 Act No. 171, SECTION 14; 1993 Act No. 184, SECTION 261; 1994 Act No. 497, Part II, SECTION 28; 1995 Act No. 83, SECTION 21; 1995 Act No. 138, SECTION 1; 1999 Act No. 78, SECTION 2; 2010 Act No. 273, SECTION 24, eff June 2, 2010; 2013 Act No. 82, SECTION 6, eff June 13, 2013.

Effect of Amendment

The 2010 amendment in the second sentence of subsection (A) substituted "the civil jurisdictional amount provided in Section 22-3-10(2)" for "five thousand dollars".

The 2013 amendment added the second sentence in the second paragraph, relating to Section 17-25-323.