Current Status Introducing Body:House Bill Number:4531 Primary Sponsor:Cromer Committee Number:25 Type of Legislation:GB Subject:Indictment of officer, when office declared vacant Residing Body:House Current Committee:Judiciary Computer Document Number:PT/22330DW.94 Introduced Date:19940118 Last History Body:House Last History Date:19940118 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Cromer Elliott Meacham G. Bailey Waites Cobb-Hunter R. Smith Neilson Vaughn Shissias A. Young Rogers Walker Harrison Stille Riser Allison Phillips Gamble Holt Keegan D. Wilder Hutson Davenport Stuart Chamblee Houck Stone Kirsh McKay Huff Moody-Lawrence Hines Wilkins Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4531 House 19940118 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 8-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DECLARING CERTAIN OFFICES VACANT AFTER AN INDICTMENT OF THE OFFICER, SO AS TO DELETE THE PROVISIONS LIMITING THE PUBLIC OFFICER TO ONE WHOSE AUTHORITY IS LIMITED TO A SINGLE ELECTION OR JUDICIAL DISTRICT AND PROVIDE ITS APPLICATION TO A FULL-TIME STATE EMPLOYEE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. "Section 8-1-80 of the 1976 Code, as last amended by Section 66 of Act 181 of 1993, is further amended to read:
"Section 8-1-80. Any A public officer whose authority is limited to a single election or judicial district or full-time state employee who is guilty of any official misconduct, habitual negligence, habitual drunkenness, corruption, fraud, or oppression shall be is liable to indictment and, upon conviction thereof, shall must be fined not more than one thousand dollars and imprisoned not more than one year.
The presiding judge before whom any a public officer convicted under this section is tried shall order a certified copy of the indictment to be immediately transmitted to the Governor who must, upon receipt of the indictment, by executive order declare the office to be vacant. The office must be filled as in the case of the death or resignation of the officer."
SECTION 2. This act takes effect upon approval by the Governor.