South Carolina S 398: Magistrates

Bill Text

2025-2026 Bill 398 Text of Previous Version (Feb. 26, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 398

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 APPOINTMENT REQUIREMENTS, SO AS TO ALLOW 
INDIVIDUALS WITH MILITARY OR LAW ENFORCEMENT EXPERIENCE TO BE ELIGIBLE TO BE 
APPOINTED A MAGISTRATE IN COUNTIES WITH LESS THAN FIFTY THOUSAND PEOPLE.

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

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

 (B)(1) 
No person is eligible to hold the office of magistrate who is not at the time 
of his appointment a citizen of the United States and of this State, and who 
has not been a resident of this State for at least five years, has not attained 
the age of twenty-one years upon his appointment, and has not received a high 
school diploma or its equivalent educational training as recognized by the 
State Department of Education.

 (2) 
Notwithstanding the educational qualifications required in item (1):

 (a) 
On and after July 1, 2001, no person is eligible for an initial appointment to 
hold the office of magistrate who (i) is not at the time of his appointment a 
citizen of the United States and of this State, (ii) has not been a resident of 
this State for at least five years, (iii) has not attained the age of 
twenty-one years upon his appointment, and (iv) has not received a two-year 
associate degree.

 (b) 
On and after July 1, 2005, no person is eligible for an initial appointment to 
hold the office of magistrate who (i) is not at the time of his appointment a 
citizen of the United States and of this State, (ii) has not been a resident of 
this State for at least five years, (iii) has not attained the age of 
twenty-one years upon his appointment, and (iv) has not received a four-year 
baccalaureate degree.

 (c) On and after July 1, 2025, in 
counties with a population of less than fifty thousand people, the requirement 
to hold a four-year baccalaureate degree to be eligible for an initial 
appointment to hold the office of magistrate is waived for an individual with four 
years of full-time law enforcement or military experience.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on February 26, 2025 at 03:51 PM