(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.
HISTORY: 1962 Code Section 43-211; 1952 Code Section 43-211; 1942 Code Section 929; 1932 Code Section 929; Cr. P. '22 Section 25; Cr. C. '12 Section 27; Cr. C. '02 Section 19; G. S. 829; R. S. 18; 1870 (14) 403; 2008 Act No. 284, Section 2, eff June 11, 2008; 2008 Act No. 346, Section 5, eff June 25, 2008; 2011 Act No. 70, Section 1, eff June 28, 2011.
Effect of Amendment
The first 2008 amendment designated subsection (A) and added subsection (B) relating to courtesy summons.
The second 2008 amendment also designated subsection (A) and added an identical subsection (B) relating to courtesy summons.
The 2011 amendment rewrote the section.
Structure South Carolina Code of Laws
Title 22 - Magistrates and Constables
Chapter 5 - Magistrates' Powers And Duties In Criminal Matters
Section 22-5-10. Warrant to break open doors of gambling rooms.
Section 22-5-110. Arrest, examination and commitment or punishment; warrant; courtesy summons.
Section 22-5-115. Summons to appear; issuance; design and contents of form; tracking.
Section 22-5-130. Magistrate as prosecutor when offense committed in his view.
Section 22-5-140. Arrests by magistrates to preserve the peace.
Section 22-5-150. Arrest of persons threatening breach of peace; trial or binding over.
Section 22-5-170. Duty of special officer appointed by magistrate.
Section 22-5-180. Swearer of warrant precluded from serving it.
Section 22-5-200. Disposition of persons arrested by deputy sheriffs without warrants.
Section 22-5-210. Copy of arrest warrant to arrested person.
Section 22-5-310. Sitting as examining court in matters beyond magistrates' jurisdiction.
Section 22-5-320. Defendant's demand for preliminary investigation; appearance by attorney.
Section 22-5-340. Removal of hearing.
Section 22-5-350. Return of papers pertaining to general sessions court; character of the papers.
Section 22-5-360. Penalty for failing to hold preliminary examination.
Section 22-5-520. Amount of recognizance of accused.
Section 22-5-540. Return of papers to clerk of general sessions.
Section 22-5-550. Arrest and committal of witness on refusal to enter into recognizance.
Section 22-5-560. Arrest of witness on behalf of accused.
Section 22-5-570. Amount of recognizance of witness.
Section 22-5-720. Recognizances of witnesses.
Section 22-5-910. Expungement of criminal records.
Section 22-5-920. Conviction as a youthful offender.
Section 22-5-930. Expungement; first offense drug convictions.