South Carolina H 3067: Bench warrants for failure to appear

Bill Text

2025-2026 Bill 3067 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3067

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 ADDING SECTION 
17-15-175 SO AS TO PROVIDE THAT A JUDGE MAY NOT ISSUE A BENCH WARRANT FOR 
FAILURE TO APPEAR UNLESS THE SOLICITOR OR CLERK OF COURT HAS PROVIDED NOTICE TO 
THE ATTORNEY OF RECORD BEFORE ISSUING THE BENCH WARRANT.

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

SECTION 1. Chapter 15, Title 17 of the S.C. Code is amended by 
adding:

 Section 
17-15-175. After an initial appearance, a circuit court judge may not issue a general 
sessions court bench warrant for failure to appear in court upon motion by a 
solicitor, unless the solicitor has conspicuously posted a list of potential 
bench warrants at the appropriate courthouse and on the solicitor's internet 
website at least forty-eight hours before the bench warrant is requested. This 
section does not apply if the presiding judge sua sponte issues the bench 
warrant for failure to appear or the person has been personally served with an 
appearance date.

SECTION 2. The repeal or amendment by this act 
of any law, whether temporary or permanent or civil or criminal, does not affect 
pending actions, rights, duties, or liabilities founded thereon, or alter, 
discharge, release or extinguish any penalty, forfeiture, or liability incurred 
under the repealed or amended law, unless the repealed or amended provision 
shall so expressly provide. After the effective date of this act, all laws 
repealed or amended by this act must be taken and treated as remaining in full 
force and effect for the purpose of sustaining any pending or vested right, 
civil action, special proceeding, criminal prosecution, or appeal existing as 
of the effective date of this act, and for the enforcement of rights, duties, 
penalties, forfeitures, and liabilities as they stood under the repealed or 
amended laws.

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

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This web page was last updated on December 06, 2024 at 02:11 PM