§ 14-7-1730 — Jurisdiction of presiding judge.

South Carolina § 14-7-1730

• Jurisdiction: South Carolina
• Title 14: COURTS
• Ch. 7: JURIES AND JURORS IN CIRCUIT COURTS

Text

(A) Except for the prosecution of cases arising from indictments issued by the state grand jury, and subject to the provisions and standards provided in Sections 14-7-1630 and 14-7-1650, the presiding judge has jurisdiction to hear all matters arising from the proceedings of a state grand jury, including, but not limited to, matters relating to the impanelment or removal of state grand jurors, the quashing of subpoenas, the punishment for contempt, and the matter of bail for persons indicted by a state grand jury. (B) A person indicted by a state grand jury for a bailable offense must have a bond hearing before the end of the second business day following the day he was arrested in the State of South Carolina for that offense or the day he was delivered within the State of South Carolina following extradition for that offense from another State or jurisdiction, and must be released within a reasonable time, not to exceed four hours, after the bond is delivered to the incarcerating facility. If the presiding judge or acting presiding judge is not available, the initial bond hearing following arrest for a state grand jury indictment may be conducted by any circuit judge of competent jurisdiction in the county where the grand jury was impaneled. A "business day" pursuant to this subsection is any day in which the county courthouse is open in the county where the grand jury was impaneled.

Legislative History

HISTORY: 1987 Act No. 150, SECTION 1, eff from and after February 8, 1989 (the date the amendments to Article I, SECTION 11, and Article V, SECTION 22, of the South Carolina Constitution were ratified and declared to be part of the Constitution); 1992 Act No. 335, SECTION 1, eff May 4, 1992; 2015 Act No. 45 (S.268), SECTION 6, eff June 3, 2015.