S.C. Code § 22-5-110

Current through 2024 Act No. 209.
Section 22-5-110 - Arrest, examination and commitment or punishment; warrant; courtesy summons
(A) Magistrates shall:
(1) cause to be arrested all persons found within their counties charged with any offense and persons who after committing any offense within the county flee out of the county;
(2) examine into treasons, felonies, grand larcenies, high crimes, and misdemeanors;
(3) commit or bind over for trial those who appear to be guilty of crimes or offenses not within their jurisdiction; and
(4) punish those guilty of such offenses within their jurisdiction.
(B)
(1) An arrest warrant may not be issued for the arrest of a person unless sought by a law enforcement officer acting in their official capacity.
(2) If an arrest warrant is sought by someone other than a law enforcement officer, the court must issue a courtesy summons.
(3) If a defendant named in a courtesy summons fails to appear before the court pursuant to the summons, the court must issue an arrest warrant for the underlying offense based upon the original sworn statement of the affiant who sought the courtesy summons, provided the sworn statement establishes probable cause that the underlying offense was committed.

S.C. Code § 22-5-110

Amended by 2011 S.C. Acts, Act No. 70 (SB 30), s 1, eff. 6/28/2011.
2008 Act No. 346, Section 5, eff 6/25/2008; 2008 Act No. 284, Section 2, eff 6/11/2008; 1870 (14) 403; R. S. 18; G. S. 829; Cr. C. '02 Section 19; Cr. C. '12 Section 27; Cr. P. '22 Section 25; 1932 Code Section 929; 1942 Code Section 929; 1952 Code Section 43-211; 1962 Code Section 43-211.