H 4805

South Carolina General Assembly
126th Session, 2025-2026
Bill 4805
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Indicates Matter Stricken
Indicates New Matter
Committee Report
April 29, 2026
H. 4805
Introduced
by Reps. W. Newton, C. Mitchell, B. Newton, Pope, White, Robbins and Hart
S. Printed 4/29/26--S.
Read the first time April 7, 2026
________
The committee on Senate Judiciary
To whom was referred a Bill (H. 4805) to amend
the South Carolina Code of Laws by amending Section 14-5-610, relating to the
division of the state into sixteen judicial circuits, the number of judges, etc.,
respectfully
Report:
That they have duly and carefully considered
the same, and recommend that the same do pass:
LUKE RANKIN for Committee.
_______
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION 14-5-610, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL
CIRCUITS, THE NUMBER OF JUDGES TO BE ELECTED FROM EACH CIRCUIT, AND THE
ELECTION OF AT-LARGE JUDGES WITHOUT REGARD TO COUNTY OR CIRCUIT OF RESIDENCE,
SO AS TO CONVERT THREE AT-LARGE CIRCUIT COURT SEATS TO RESIDENT SEATS IN THE
FIRST, THIRD, AND EIGHTH CIRCUITS; AND BY AMENDING SECTION 63-3-40, RELATING TO
THE NUMBER OF FAMILY COURT JUDGES TO BE ELECTED FROM EACH CIRCUIT, SO AS TO
CONVERT FOUR AT-LARGE FAMILY COURT SEATS TO RESIDENT SEATS IN THE FIFTH, TENTH,
AND TWELFTH CIRCUITS.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Section 14-5-610 of the S.C. Code is amended to read:
    Section
14-5-610.  (A) The State is divided
into sixteen judicial circuits as follows:
       (1)
The first circuit is composed of the counties of Calhoun, Dorchester, and
Orangeburg.
       (2)
The second circuit is composed of the counties of Aiken, Bamberg, and Barnwell.
       (3)
The third circuit is composed of the counties of Clarendon, Lee, Sumter, and
Williamsburg.
       (4)
The fourth circuit is composed of the counties of Chesterfield, Darlington,
Marlboro, and Dillon.
       (5)
The fifth circuit is composed of the counties of Kershaw and Richland.
       (6)
The sixth circuit is composed of the counties of Chester, Lancaster, and
Fairfield.
       (7)
The seventh circuit is composed of the counties of Cherokee and Spartanburg.
       (8)
The eighth circuit is composed of the counties of Abbeville, Greenwood,
Laurens, and Newberry.
       (9)
The ninth circuit is composed of the counties of Charleston and Berkeley.
       (10)
The tenth circuit is composed of the counties of Anderson and Oconee.
       (11)
The eleventh circuit is composed of the counties of Lexington, McCormick,
Saluda, and Edgefield.
       (12)
The twelfth circuit is composed of the counties of Florence and Marion.
       (13)
The thirteenth circuit is composed of the counties of Greenville and Pickens.
       (14)
The fourteenth circuit is composed of the counties of Allendale, Hampton,
Colleton, Jasper,
and Beaufort.
       (15)
The fifteenth circuit is composed of the counties of Georgetown and Horry.
       (16)
The sixteenth circuit is composed of the counties of York and Union.
    (B) One judge must be elected from the sixth circuit. Two
judges must be elected from the first, second,
fourth, eighth, tenth,sixth
and sixteenth circuits. Three judges must be elected from the thirdfirst, seventh, eighth, tenth, eleventh, twelfth, and
fourteenth, and fifteenth circuits. Four judges must be elected from the third and fifteenth
circuits. Five judges must be elected from the
fifth, ninth, and thirteenth circuits. Six judges must be elected from the fifth circuit.
    (C)
In addition to the above judges authorized by this section, there must be sevenfour additional circuit
judges elected by the General Assembly from the State at large for terms of
office of six years. These additional judges must be elected without regard to
county or circuit of residence. Each office of the at-large judges is a separate
office and is assigned numerical designations of Seat No. 1 through Seat No. 74, respectively.
SECTION 2.  (A) Upon the effective date of this act:
       (1) At-large
Circuit Court Seat 7 is converted to a resident seat and designated First
Circuit Court Seat 3.
       (2) At-large
Circuit Court Seat 1 is converted to a resident seat and designated Third
Circuit Court Seat 4.
       (3) At-large
Circuit Court Seat 4 is converted to a resident seat and designated Eighth
Circuit Court Seat 3.
    (B) Nothing in
this act may be construed to require a judge currently serving in an at-large
circuit court seat which is converted to a resident circuit court seat pursuant
to this act to undergo additional screening until the end of the term for which
they were screened and duly elected to an at-large circuit court seat.
SECTION 3.  The
additional circuit court judge added in the fifth judicial circuit by this act
must be a resident judge in Kershaw County.
SECTION 4.  The
additional circuit court judge added in the tenth judicial circuit by this act
must be a resident judge in Oconee County.
SECTION 5.  The
Judicial Merit Selection Commission shall begin the process of nominating
candidates for the new judicial offices in the fifth and tenth circuit for
election in 2027 as provided by law.  The Judicial Merit Selection Commission
shall begin the process of nominating candidates for
 the new judicial offices in the sixth and
fifteenth circuit one year later for election in 2028 as provided by law.  The
General Assembly then shall elect these judges from the nominees of the
commission; except that, the nominating process may not begin until funding for
the additional judges is provided in the general appropriations act.
SECTION 6.  Section 63-3-40 of the S.C. Code is amended to read:
    Section
63-3-40. (A) The General Assembly
shall elect a number of family court judges from each judicial circuit as
follows:
10
First Circuit
Four Judges
11
Second Circuit
Two Judges
12
Third Circuit
Three Judges
13
Fourth Circuit
Three Judges
14
Fifth Circuit
FourSix Judges
15
Sixth Circuit
Two Judges
16
Seventh Circuit
Four Judges
17
Eighth Circuit
Three Judges
18
Ninth Circuit
Seven Judges
19
Tenth Circuit
ThreeFour Judges
20
Eleventh Circuit
Four Judges
21
Twelfth Circuit
ThreeFour Judges
22
Thirteenth Circuit
Six Judges
23
Fourteenth Circuit
Four Judges
24
Fifteenth Circuit
Three Judges
25
Sixteenth Circuit
Three Judges
    (B) In
the following judicial circuits at least one family court judge must be a
resident of each county in the circuit: fifth, seventh, tenth, twelfth,
thirteenth, fifteenth, and sixteenth. In those judicial circuits made up of
three or more counties, at least one family court judge must be a resident of
one of the counties which does not have the largest population in the circuit.
In the ninth circuit, both counties in the circuit must have at least two
resident family court judges.
    (C) No
county in the sixth circuit shall have more than one resident family court
judge.
    (D) In
addition to the judges authorized by this section, there must be eightfour additional family
court judges elected by the General Assembly from the State at large for terms
of office of six years. These additional judges must be elected without regard
to county or circuit of residence. Each office of the at-large judges is a separate
office and is assigned numerical designations of Seat No. 1 through
 Seat No. 84, respectively.
SECTION 7.  (A) Upon the effective date of this act:
       (1) At-large
Family Court Seat 8 is converted to a resident seat and designated as Fifth
Circuit Family Court Seat 5.
       (2) At-large
Family Court Seat 4 is converted to a resident seat and designated as Fifth
Circuit Family Court Seat 6.
       (3) At-large
Family Court Seat 6 is converted to a resident seat and designated as Tenth
Circuit Family Court Seat 4.
       (4) At-large
Family Court Seat 3 is converted to a resident seat and designated as Twelfth
Circuit Family Court Seat 4.
(B)
Nothing in this act may be construed to require a judge currently serving in an
at-large family court seat which is converted to a resident family court seat
pursuant to this act to undergo additional screening until the end of the term
for which they were screened and duly elected to an at-large circuit court
seat.
SECTION 8.  Section 9-8-60(1) of the S.C. Code is amended to read:
    (1) A member of the system may retire
upon written application to the board setting forth at what time, not later
than the end of the calendar year in which the member attains age seventy-two
and not more than ninety days prior nor more than six months subsequent to the
execution and filing thereof, the member desires to be retired, if the member
at the time so specified for retirement is no longer in the service of the
State, except as a member of the General Assembly or as allowed pursuant to
subsection (7), and has completed teneight years of earned service as a judge or eight years
of earned service as a solicitor or circuit public defender or was in service
as a judge or solicitor on July 1, 1984, and has either:
       (a)
attained the age of sixty-five and completed at least twenty years of credited
service;
       (b)
attained age seventy and completed at least fifteen years of credited service;
or
       (c)
completed at least twenty-five years of credited service in the system for a
judge, or twenty-four years of credited service in the system for a solicitor
or circuit public defender, regardless of age. A member may retire under this
section if the member was a member of this system as of June 30, 2004;
attained age sixty-five with at least four years' earned service in the
position of judge, solicitor, or circuit public defender;  and, as of June 30,
2004, had a total of twenty-five years of credited service with the State in
the South Carolina Retirement System, the Police Officers Retirement System, or
the Retirement System for Members of the General Assembly.
    A person receiving
retirement allowances under this system who is elected to the General Assembly
 continues to receive the retirement allowances
while serving in the General Assembly, and also must be a member of the
retirement system unless the person files a statement with the board on a form
prescribed by the board electing not to participate in the applicable system
while a member of the General Assembly. A person making this election shall not
make contributions to the applicable retirement system nor shall the State make
contributions on the member's behalf and the person is not entitled to benefits
from the applicable retirement system after ceasing to be a member of the
General Assembly.
SECTION 9.  This act takes effect upon approval
by the Governor.
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This web page was last updated on April 29, 2026 at 09:57 PM