Bill 4919

                    Current Status

Bill Number:               4919
Ratification Number:       738
Act Number                 598
Introducing Body:          House
Subject:                   Law enforcement officer identification
                           upon stopping a driver

(A598, R738, H4919)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-70 SO AS TO PROVIDE FOR A LAW ENFORCEMENT OFFICER TO PRESENT APPROPRIATE IDENTIFICATION IMMEDIATELY UPON STOPPING A DRIVER FOR A MOTOR VEHICLE VIOLATION; TO AMEND SECTION 16-9-320, RELATING TO OPPOSING, RESISTING, AND ASSAULTING A LAW ENFORCEMENT OFFICER IN A SERVING OR ARRESTING PROCESS, SO AS TO LIMIT THE OFFENSE TO SERVICE OR ARREST BY ONE WHOM THE PERSON KNOWS OR REASONABLY SHOULD KNOW IS A LAW ENFORCEMENT OFFICER; TO AMEND THE 1976 CODE BY ADDING SECTION 4-9-145 SO AS TO AUTHORIZE A COUNTY GOVERNING BODY TO APPOINT AND COMMISSION NECESSARY LAW ENFORCEMENT OFFICERS; TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-935 SO AS TO AUTHORIZE THE UNITED STATES DEPARTMENT OF ENERGY TO PLACE AND MAINTAIN TRAFFIC CONTROL DEVICES IN AIKEN, ALLENDALE, AND BARNWELL COUNTIES ON LANDS ACQUIRED BY THE UNITED STATES GOVERNMENT; TO AMEND SECTION 23-7-40, RELATING TO THE JURISDICTION OF SPECIAL CONSTABLES, SO AS TO DEFINE THE JURISDICTION TO APPLY WHILE HE IS IN FRESH PURSUIT OF A PERSON FOR A MISDEMEANOR OR FELONY COMMITTED IN HIS PRESENCE OR FOR A FELONY IF HE REASONABLY BELIEVES UPON PROMPT INFORMATION OR COMPLAINT THAT THE PERSON HAS COMMITTED THE FELONY; TO AMEND SECTION 23-7-50, RELATING TO THE POWERS AND DUTIES OF SPECIAL CONSTABLES, SO AS TO INCLUDE THE RIGHTS AND POWERS OF DEPUTY SHERIFFS TO APPLY TO CONSTABLES; AND TO AMEND SECTION 56-5-40, RELATING TO THE EXCEPTIONS TO THE APPLICABILITY OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, SO AS TO DELETE THE EXCEPTIONS PROVIDING FOR A MANUAL FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL DEVICES, FOR THE DEFINITION OF "ACQUIESCENCE", AND FOR RACING PENALTIES, TO INCLUDE AN EXCEPTION PROHIBITING STOP SIGNS AND TRAFFIC CONTROL SIGNALS UNLESS THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION APPROVES, AND TO CHANGE THE REFERENCE TO ATOMIC ENERGY COMMISSION TO THE DEPARTMENT OF ENERGY.

Be it enacted by the General Assembly of the State of South Carolina:

Law enforcement officer identification upon stopping a driver

SECTION 1. Chapter 7, Title 56 of the 1976 Code is amended by adding:

"Section 56-7-70. When a law enforcement officer stops a driver for a violation of the motor vehicle laws, he shall present his law enforcement badge or other appropriate identification to the driver immediately upon approaching him and before questioning."

Offense limited to service or arrest by one known as a law enforcement officer

SECTION 2. Section 16-9-320 of the 1976 Code is amended to read:

"Section 16-9-320. A person who knowingly and wilfully:

(1) opposes or resists a law enforcement officer in serving, executing, or attempting to serve or execute a legal writ or process or who resists an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars and not more than one thousand dollars or imprisoned not more than one year, or both;

(2) assaults, beats, or wounds a law enforcement officer engaged in serving, executing, or attempting to serve or execute a legal writ or process or who assaults, beats, or wounds an officer when the person is resisting an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not, is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars and not more than ten thousand dollars or imprisoned for not more than ten years, or both."

Law enforcement officers authorized

SECTION 3. The 1976 Code is amended by adding:

"Section 4-9-145. The governing body of a county may appoint and commission as many enforcement officers as may be necessary for the proper security, general welfare, and convenience of the county. These officers are vested with all the powers and duties conferred by law upon constables in addition to duties imposed upon them by the governing body of the county; however, such duties shall not conflict with Section 4-9-30(5) as it relates to the reorganization or restructuring of the sheriff's department or the functions and duties presently being performed by the sheriff. These enforcement officers shall exercise their powers on all private and public property within the county."

Traffic control devices in Aiken, Allendale, and Barnwell counties

SECTION 4. Article 7, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-935. The United States Department of Energy is authorized to place and maintain traffic control devices upon roads within the confines of the lands in Aiken, Allendale, and Barnwell counties acquired or to be acquired by the United States Government. The Department of Energy is not required to obtain written approval of the Department of Highways and Public Transportation as provided in Sections 56-5-910 and 56-5-930.

The driver of a vehicle must obey the instruction of any traffic control device or sign placed as provided in this section unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter."

Jurisdiction of special constables

SECTION 5. Section 23-7-40 of the 1976 Code is amended to read:

"Section 23-7-40. The jurisdiction of a special state constable is confined and limited to the lands and premises acquired or being acquired by the United States Government for the use of the commission in Aiken, Allendale, and Barnwell counties. Nothing contained in this section confines or limits the jurisdiction of the constable to the lands and premises while in fresh pursuit of a person for a misdemeanor or felony committed in his presence or for a felony if he reasonably believes upon prompt information or complaint that the person has committed the felony. The failure of the United States to acquire title to any of the lands and premises within the boundaries of the site does not confine or limit the jurisdiction of a special state constable authorized by this chapter."

Powers and duties of special constables, rights and powers of deputy sheriffs

SECTION 6. Section 23-7-50 of the 1976 Code is amended to read:

"Section 23-7-50. A special state constable possesses all of the rights and powers prescribed by law for magistrates' constables and deputy sheriffs and powers usually exercised by marshals and policemen of towns and cities. He shall act as a conservator of the peace, take into custody and carry before the nearest magistrate any person who commits any misdemeanor or felony in his presence or any felony if he reasonably believes upon prompt information or complaint the person has committed the felony and carry him before a court of competent jurisdiction, and execute any criminal process from magistrates' courts relating to offenses committed upon any of the lands and premises within his jurisdiction."

Exceptions to the Uniform Act regulating traffic on highways, Department of Energy

SECTION 7. Section 56-5-40 of the 1976 Code is amended to read:

"Section 56-5-40. All the provisions of this chapter, except Articles 27, 33, 37, and 39 and Section 56-5-910, apply to all roads within the confines of lands in Aiken, Allendale, and Barnwell counties acquired or to be acquired by the United States Government for use of the Department of Energy."

Time effective

SECTION 8. This act takes effect upon approval by the Governor.

Approved the 25th day of June, 1990.