South Carolina General Assembly
111th Session, 1995-1996

Bill 739


                    Current Status

Bill Number:                    739
Ratification Number:            404
Act Number:                     364
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19950412
Primary Sponsor:                Bryan 
All Sponsors:                   Bryan and Giese 
Drafted Document Number:        jic\5768cm.95
Companion Bill Number:          4002
Date Bill Passed both Bodies:   19960522
Date of Last Amendment:         19960425
Governor's Action:              S
Date of Governor's Action:      19960529
Subject:                        Federal law enforcement
                                officer

History



Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960613  Act No. A364
------  19960529  Signed by Governor
------  19960523  Ratified R404
House   19960522  Read third time, enrolled for
                  ratification
House   19960521  Read second time
House   19960515  Committee report: Favorable              25 HJ
House   19960430  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19960426  Read third time, sent to House
Senate  19960425  Amended, read second time, 
                  unanimous consent for third reading 
                  on Friday, 19960426
Senate  19960424  Committee report: Favorable with         11 SJ
                  amendment
Senate  19950412  Introduced, read first time,             11 SJ
                  referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A364, R404, S739)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-212 SO AS TO DEFINE FEDERAL LAW ENFORCEMENT OFFICER, TO PERMIT A FEDERAL LAW ENFORCEMENT OFFICER TO ENFORCE THE STATE'S CRIMINAL LAWS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A FEDERAL LAW ENFORCEMENT OFFICER HAS THE SAME POWERS AS A SOUTH CAROLINA LAW ENFORCEMENT OFFICER, IS NOT AN OFFICER, EMPLOYEE, OR AGENT OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY, MAY NOT CONDUCT AN INDEPENDENT INVESTIGATION INTO A VIOLATION OF STATE LAW, AND IS SUBJECT TO THE FEDERAL TORT CLAIMS ACT.

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

Enforcement of the state's criminal laws

SECTION 1. The 1976 Code is amended by adding:

"Section 23-1-212. (A) For purposes of this section, `federal law enforcement officer' means the following persons who are employed as full-time law enforcement officers by the federal government and who are authorized to carry firearms while performing their duties:

(1) Federal Bureau of Investigation special agents;

(2) Bureau of Alcohol, Tobacco and Firearms special agents;

(3) Drug Enforcement Administration special agents;

(4) United States Secret Service special agents;

(5) United States Customs Service officers;

(6) United States Postal Service inspectors;

(7) Internal Revenue Service special agents;

(8) United States Marshal's Service marshals and deputy marshals.

(B) A federal law enforcement officer is authorized to enforce criminal laws within the State when:

(1) the federal law enforcement officer is asked by the head of a state or local law enforcement agency or his designee to provide the agency temporary assistance and the request is within the scope of the state or local law enforcement agency's subject matter and territorial jurisdiction;

(2) the federal law enforcement officer is asked by a state or local law enforcement officer to provide him temporary assistance when the state or local law enforcement officer is acting within the scope of his subject matter and territorial jurisdiction; or

(3) a felony or misdemeanor is committed in the federal law enforcement officer's presence or under circumstances indicating a crime has been freshly committed.

(C) A federal law enforcement officer acting pursuant to this section:

(1) has the same powers as a South Carolina law enforcement officer;

(2) is not an officer, employee, or agent of a state or local law enforcement agency;

(3) cannot initiate or conduct an independent investigation into a violation of South Carolina law; and

(4) is subject to the Federal Tort Claims Act."

Time effective

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

Approved the 29th day of May, 1996.