South Carolina H 3642: Tim Brett, sympathy

Bill Text

2025-2026 Bill 3642 Text of Previous Version (Dec. 12, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3642

Indicates Matter Stricken
Indicates New Matter

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

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 22-1-10, RELATING TO THE APPOINTMENT, TERM, AND JURISDICTION OF 
MAGISTRATES, SO AS TO ESTABLISH TWO CLASSES OF MAGISTRATES, AND TO PROVIDE FOR 
THE APPOINTMENT, TERM, AND QUALIFICATIONS OF CLASS 2 MAGISTRATES; BY AMENDING 
SECTION 22-1-15, RELATING TO MAGISTRATES PRESENTLY SERVING, SO AS TO MAKE 
CONFORMING CHANGES; BY AMENDING SECTION 22-1-30, RELATING TO SUSPENSION, 
REMOVAL, OR NONREAPPOINTMENT OF MAGISTRATES, SO AS TO MAKE CONFORMING CHANGES; 
BY AMENDING SECTION 22-2-5, RELATING TO ELIGIBILITY EXAMINATIONS FOR 
MAGISTRATES, SO AS TO MAKE CONFORMING CHANGES AND SUBJECT CLASS 2 MAGISTRATES 
TO THE REQUIREMENTS OF CHAPTER 19, TITLE 2 OF THE S.C. CODE; BY AMENDING 
SECTION 22-3-10, RELATING TO CONCURRENT CIVIL JURISDICTION, SO AS TO CLARIFY 
THE JURISDICTION OF THE TWO CLASSES OF MAGISTRATES, AND TO INCREASE THE CIVIL 
JURISDICTION OF MAGISTRATES; BY AMENDING SECTION 22-3-540, RELATING TO 
EXCLUSIVE AND CONCURRENT JURISDICTION IN CRIMINAL CASES, SO AS TO CLARIFY THE 
JURISDICTION OF THE TWO CLASSES OF MAGISTRATES; BY AMENDING SECTION 22-3-800, 
RELATING TO SUSPENSION OF IMPOSITION OR EXECUTION OF A SENTENCE IN CERTAIN 
CASES, SO AS TO MAKE CONFORMING CHANGES; AND BY AMENDING SECTION 22-8-40, 
RELATING TO FULL-TIME AND PART-TIME MAGISTRATES' SALARIES, SO AS TO ESTABLISH 
THE SALARY SCHEDULE FOR CLASS 2 MAGISTRATES.

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

SECTION 1. Section 22-1-10(A) and (B) of the S.C. Code is amended 
to read:

 Section 
22-1-10. (A)(1) 
The Governor, by and with the advice and consent of the Senate, may appoint Class 1 magistrates in each county of the State for a 
term of four years and until their successors are appointed and qualified, or 
their positions are terminated as provided in subsection (B), Section 22-1-30, 
or Section 22-2-40.

 (2) The Governor, by and with the advice 
and consent of the General Assembly, may appoint Class 2 magistrates in each 
county of the State for a term of four years and until their successors are 
appointed and qualify, or their positions are terminated as provided in 
subsection (B), Section 22-1-30, or Section 22-2-40. Class 2 magistrate 
elections are subject to the requirements of Chapter 19, Title 2 of the S.C. 
Code.

 Magistrates serving 
the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, 
Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, 
Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, 
Sumter, and Williamsburg shall serve terms of four years commencing May 1, 
1990. Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley, 
Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, 
Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, 
Spartanburg, Union, and York shall serve terms of four years commencing May 1, 
1991.

 At least ninety days 
before the date of the commencement of the terms provided in the preceding 
paragraph and every four years thereafter, each county governing body must 
inform, in writing, the Senators representing that county of the number of 
full-time and part-time magistrate positions available in the county, the 
number of work hours required by each position, the compensation for each 
position, and the area of the county to which each position is assigned. If the 
county governing body fails to inform, in writing, the Senators representing 
that county of the information as required in this section, then the 
compensation, hours, and location of the full-time and part-time magistrate 
positions available in the county remain as designated for the previous four 
years.

 Each magistrate's 
number of work hours, compensation, and work location must remain the same 
throughout the term of office, except for a change (1) specifically allowed by 
statute or (2) authorized by the county governing body at least four years 
after the magistrate's most recent appointment and after a material change in 
conditions has occurred which warrants the change. Nothing provided in this 
section prohibits the raising of compensation or hours and compensation during 
a term of office. No magistrate may be paid for work not performed except for 
bona fide illness or as otherwise provided by law.

 The number of 
magistrates to be appointed for each county and their territorial jurisdiction 
are as prescribed by law before March 2, 1897, for trial justices in the 
respective counties of the State, except as otherwise provided in this section.

 (B)(1) No person is eligible to hold th