Current Status Bill Number:950 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980127 Primary Sponsor:Bryan All Sponsors:Bryan Drafted Document Number:jud9037.jeb Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Federal law enforcement officers, immigration and naturalization special service agents included in definition
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19980325 Introduced, read first time, 25 HJ
referred to Committee
Senate 19980324 Read third time, sent to House
Senate 19980319 Read second time
Senate 19980318 Committee report: Favorable 11 SJ
Senate 19980127 Introduced, read first time, 11 SJ
referred to Committee
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Indicates Matter Stricken
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COMMITTEE REPORT
March 18, 1998
S. 950
S. Printed 3/18/98--S.
Read the first time January 27, 1998.
To whom was referred a Bill (S. 950), to amend Section 23-1-212, Code of Laws of South Carolina, 1976, relating to enforcement of state criminal laws by federal law enforcement officers, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
JAMES E. BRYAN, JR., for Committee.
TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO INCLUDE IMMIGRATION AND NATURALIZATION SERVICE SPECIAL AGENTS IN THE DEFINITION OF FEDERAL LAW ENFORCEMENT OFFICERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-1-212 of the 1976 Code, as added by Act 364 of 1996, is amended to read:
"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;
(9) Immigration and Naturalization Service special agents.
(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."
SECTION 2. This act takes effect upon approval by the Governor.