South Carolina General Assembly
109th Session, 1991-1992

Bill 1077


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    1077
Primary Sponsor:                Washington
Type of Legislation:            GB
Subject:                        Sheriffs, qualifications of
Residing Body:                  Senate
Computer Document Number:       DKA/3484.AL
Introduced Date:                Jan 14, 1992
Date of Last Amendment:         Apr 14, 1992
Last History Body:              Senate
Last History Date:              Jun 04, 1992
Last History Type:              Debate interrupted
Scope of Legislation:           Statewide
All Sponsors:                   Washington
                                Rose
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 1077  Senate  Jun 04, 1992  Debate interrupted
 1077  Senate  Apr 14, 1992  Debate adjourned
 1077  Senate  Mar 17, 1992  Made Special Order
 1077  Senate  Feb 05, 1992  Amended
 1077  Senate  Jan 29, 1992  Committee Report: Favorable     11
 1077  Senate  Jan 14, 1992  Introduced, read first time,    11
                             referred to Committee
 1077  Senate  Oct 21, 1991  Prefiled, referred to           11
                             Committee

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Indicates Matter Stricken
Indicates New Matter

AMENDED

February 5, 1992

S. 1077

Introduced by SENATORS Washington and Rose

S. Printed 2/5/92--S.

Read the first time January 14, 1992.

A BILL

TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT; AND TO CHANGE THE EDUCATIONAL TRAINING AND LAW ENFORCEMENT EXPERIENCE REQUIREMENTS.

Amend Title To Conform

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

SECTION 1. Section 23-11-110 of the 1976 Code is amended to read:

"Section 23-11-110. (A) All sheriffs in this State must have the following qualifications:

(1) be a citizen of the United States;

(2) be a resident of the county in which he seeks the office of sheriff for at least one year two years immediately preceding the date of the election for sheriff;

(3) be a registered voter;

(4) have attained the age of at least twenty-one twenty-six years prior to before the date of his qualifying for election to the office;

(5) have obtained a high school diploma, its recognized equivalent in educational training as established by the State Department of Education, or and have at least five years' experience in the criminal justice field years of law enforcement experience, or a two year associate degree and three years of law enforcement experience, or a four year degree and one year of law enforcement experience;

(6) have not been convicted of or pled guilty to any a violation of Section 56-1-460 or 56-5-2930, or both, within the past ten years or any a felony in this State or another state or a crime of moral turpitude in this State or another state; and

(7) be fingerprinted and have SLED make a search of local, state, and federal fingerprint files for a criminal record. Fingerprints are to be taken under the direction of a law enforcement agency and must be made available to SLED sixty days before the close of qualification for elections to the office. SLED shall file the results with the clerk of court no later than close of qualification.

(B) Each A person offering his candidacy for the office of sheriff shall, within sixty days prior to before or at the time he qualifies, shall:

(1) file with the clerk of court a certified copy of his birth certificate, a certified copy of his high school diploma or certified proof of its recognized equivalent in educational training as established by the State Department of Education, or and an affidavit that he has had at least five years' experience in the criminal justice field met the requirements of subsection (A)(5) of this section;

(2) swear or affirm before the clerk of court that he has met or will meet by the date of the election all of the qualifications required by this section;

(3) provide to the clerk of court a complete history of his places of residence for six years immediately preceding his qualification date;

(4) provide to the clerk of court a complete history of his places of employment for six years immediately preceding his qualification date, giving the period of time employed and the name and address of his employers.

(C) After December 31, 1988, every newly elected sheriff in his first term is required to complete a training session to be determined by the South Carolina Criminal Justice Training Council, to be conducted by the South Carolina Criminal Justice Academy or an academy certified by the South Carolina Training Council or as may be selected by the South Carolina Sheriffs' Association. This training must be completed during the first calendar year of the first term of the newly elected sheriff's term of office. Any A newly elected sheriff who is unable to attend this training course when offered because of emergency or extenuating circumstances shall, within one year from the date the disability or cause terminates, shall complete the standard basic course of instruction required of newly elected sheriffs. Any A newly elected sheriff who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the sheriff completes the course of instruction.

(D)(1) After December 31, 1988, no person is eligible to hold the office of sheriff unless he attends a minimum of twenty hours' training annually as may be selected by the South Carolina Sheriffs' Association.

(2) The basis for the minimum annual requirement of in-service training is the calendar year. Sheriffs A sheriff who satisfactorily complete completes the basic course of training in accordance with the provisions of this section after April first in any calendar year are is excused from the minimum annual training requirement for the calendar year during which the basic course is completed.

(3) A waiver of the requirement of minimum annual in-service training may be granted by the board of directors of the South Carolina Sheriffs' Association, at its discretion, upon the presentation of evidence by a sheriff that he was unable to complete the training due to emergency or extenuating circumstances considered sufficient by the board.

(4) Any A sheriff who fails to complete the minimum annual in-service training required under this section may be suspended from office, without pay, by the Governor for a period of ninety days. The Governor may continue to suspend a sheriff until he completes the annual minimum in-service training required in this section. The Governor shall appoint, at the time of the sheriff's suspension, a suitable person to perform as acting sheriff during the period of suspension.

(E) Any A sheriff holding office on the effective date of this section is exempt from the provisions in this section except for the provisions of subsection (D) of this section."

SECTION 2. This act takes effect upon approval by the Governor.

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