South Carolina H 4965: Prisoners

Status: Referred to Committee on Judiciary (as of 2020-01-21)

State: South Carolina · Session: 2019-2020 · Bill: H 4965

Sponsors: Rutherford

Bill Text

2025-2026 Bill 4965 Text of Previous Version (Jan. 15, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4965

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 14-23-1040, RELATING TO QUALIFICATIONS OF PROBATE JUDGES, SO AS TO 
REVISE THE QUALIFICATIONS FOR PROBATE JUDGES IN COUNTIES GREATER THAN FIFTY 
THOUSAND IN POPULATION, AND TO GRANDFATHER THOSE PROBATE JUDGES CURRENTLY 
SERVING.

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

SECTION 1. Section 14-23-1040 of the S.C. Code is amended to read:

 Section 
14-23-1040. (A) No person is eligible to hold the office of judge of 
probate who is not at the time of his election:

 (1) is not a citizen of the 
United States and of this State,;

 (2) has not attained the age 
of twenty-one years upon his election,;

 (3) has not become a qualified 
elector of the county in which he is to be a judge,; and

 (4) has not received a 
four-year bachelor's degree from an accredited post-secondary institution or if 
he has received no degree he must have four years' experience as an employee in 
a probate judge's office in this State.

 (B) In counties with populations in 
excess of fifty thousand citizens and notwithstanding the provisions of 
subsection (A)(2) and (4), no person is eligible to hold the office of judge of 
probate who at the time of his election:

 (1) has not attained the age of 
twenty-five years upon his election; and

 (2) is not a licensed attorney in 
good standing in this State or, if not a licensed attorney in good standing in 
this State, the probate judge must hire a staff attorney within a reasonable 
time of his election.

SECTION 2. The 
provisions of Section 14-23-1040(A)(4) and (B) do not apply to a probate judge 
currently serving in office on or before the effective date of this act.

SECTION 3. This act takes effect upon approval 
by the Governor.

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