S.C. Code Ann. § 14-25-65
Maximum penalties that court may impose; restitution; contempt
Effective Jun 13, 20131980 Act No. 480, eff January 1, 1981; 1993 Act No. 171, Section 2, eff July 1, 1993, and applicable to all offenses occurring after this date; 1999 Act No. 78, Section 1, eff June 11, 1999; 2010 Act No. 273, Section 23, eff June 2, 2010; 2013 Act No. 82, Section 5, eff June 13, 2013.
- (A) If a municipal judge finds a party guilty of violating a municipal ordinance or a state law within the jurisdiction of the court, he may impose a fine of not more than five hundred dollars or imprisonment for thirty days, or both. In addition, a municipal judge may order restitution in an amount not to exceed the civil jurisdictional amount of magistrates court provided in Section 22-3-10(2). In determining the amount of restitution, the judge shall determine and itemize the actual amount of damage or loss in the order. In addition, the judge may set an appropriate payment schedule.
- (B) A municipal judge may hold a party in contempt for failure to pay the restitution ordered if the judge finds the party has the ability to pay. In addition, a municipal judge may convert any unpaid restitution, fines, costs, fees, surcharges, and assessments to a civil judgment as provided in Section 17-25-323(C).
HISTORY: 1980 Act No. 480, eff January 1, 1981; 1993 Act No. 171, Section 2, eff July 1, 1993, and applicable to all offenses occurring after this date; 1999 Act No. 78, Section 1, eff June 11, 1999; 2010 Act No. 273, Section 23, eff June 2, 2010; 2013 Act No. 82, Section 5, eff June 13, 2013.
Code Commissioner's Note
To correct a clerical error in 2013 Act No. 82, Section 5, "a municipal judge may" was substituted for "a magistrate may" in subsection (B).
Editor's Note
This section contains provisions dealing with matters formerly dealt with by Section 14-25-50.
Effect of Amendment
The 1993 amendment substituted "a fine of not more than five hundred dollars or imprisonment for thirty days, or both" for "a fine or imprisonment, or both, not to exceed two hundred dollars or thirty days".
The 1999 amendment added the provisions relating to restitution, a payment schedule, and contempt, and made minor language changes.
The 2010 amendment in the second sentence of the first paragraph substituted "the civil jurisdictional amount of magistrates court provided in Section 22-3-10(2)" for "five thousand dollars".
The 2013 amendment inserted the subsection designators, and in subsection (B), added the second sentence, relating to Section 17-25-323.