South Carolina General Assembly
114th Session, 2001-2002

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Bill 930


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      930
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020124
Primary Sponsor:                  Ryberg
All Sponsors:                     Ryberg, Branton, Fair, Hayes, Leatherman, 
                                  Martin, McConnell, Peeler, Ritchie, Thomas, 
                                  Verdin and Waldrep
Drafted Document Number:          l:\council\bills\swb\5065djc02.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Law Enforcement Assistance and Support 
                                  Act; law enforcement authorized to arrest 
                                  persons for criminal violation of federal 
                                  immigration laws


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020124  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

View additional legislative information at the LPITS web site.


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

A BILL

TO AMEND CHAPTER 20, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, SO AS TO RENAME CHAPTER 20, TITLE 23 "LAW ENFORCEMENT COOPERATION, ASSISTANCE, AND MUTUAL SUPPORT"; TO DESIGNATE SECTIONS 23-20-10 THROUGH 23-20-60 AS ARTICLE 1 OF CHAPTER 20, TITLE 23, ENTITLED "THE LAW ENFORCEMENT ASSISTANCE AND SUPPORT ACT" AND AMEND SECTIONS 23-20-10 THROUGH 23-20-60 TO CONFORM BY STRIKING "CHAPTER" AND INSERTING "ARTICLE" AS APPROPRIATE; AND TO FURTHER AMEND CHAPTER 20, TITLE 23, BY ADDING ARTICLE 3 SO AS TO ENACT "THE ILLEGAL ALIEN ENFORCEMENT ACT" AND PROVIDE THAT, TO THE EXTENT PERMITTED BY FEDERAL LAW, ALL STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT OFFICIALS IN THIS STATE, AND ANY OTHER PERSON HAVING THE POWER OF ARREST IN THIS STATE, ARE AUTHORIZED TO ARREST AND DETAIN AN INDIVIDUAL FOR A CRIMINAL VIOLATION OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT AND ANY FEDERAL LAW RELATING TO ALIENS ILLEGALLY PRESENT IN THE UNITED STATES; TO PROVIDE CERTAIN LIMITATIONS ON THE EXERCISE OF THE AUTHORITY TO ARREST AND DETAIN CERTAIN ILLEGAL ALIENS GRANTED BY THIS ARTICLE; AND TO PROVIDE THAT THIS ARTICLE MUST BE CONSTRUED CONSISTENT WITH THE PURPOSE OF AUTHORIZING THE ARREST AND DETENTION OF CERTAIN ALIENS ILLEGALLY PRESENT IN THE UNITED STATES INCIDENT TO ENFORCEMENT OF THE FEDERAL IMMIGRATION AND NATURALIZATION ACT AND FEDERAL LAWS RELATING TO ALIENS ILLEGALLY PRESENT IN THE UNITED STATES.

Whereas, the number of illegal aliens in the United States is reaching epidemic proportions; and

Whereas, the 2000 Census estimates that there are between six million and eleven million illegal immigrants in the United States; and

Whereas, the United States is a highly mobile nation, and at any given moment thousands upon thousands of illegal aliens are present in South Carolina; and

Whereas, the barbaric terrorist atrocities of September 11, 2001, are a grim reminder of the vital importance of the security of America's borders; and

Whereas, the United States government has the principal responsibility and authority to enforce the nation's immigration laws; however, recent amendments to those laws authorize state and local law enforcement officers to enforce federal immigration laws by making arrests and through other enforcement means, if state law does not prohibit such enforcement; and

Whereas, South Carolina law is unclear as to whether state and local law enforcement officers possess the authority to arrest for criminal violations of the federal immigration laws, or to otherwise enforce the federal immigration laws to the extent permitted by federal law; and

Whereas, if South Carolina law enforcement officers and South Carolina are armed with the enforcement power with respect to federal immigration laws, such can be a powerful deterrent not only to the presence of illegal aliens, but to the potential for acts of terror. Now, therefore,

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

SECTION 1. Chapter 20, Title 23 of the 1976 Code is amended to read:

"CHAPTER 20

LAW ENFORCEMENT ASSISTANCE AND SUPPORT ACT

Law Enforcement Cooperation, Assistance, and Mutual Support

Article 1

Law Enforcement Assistance and Support Act

Section 23-20-10. This chapter article may be cited as the 'Law Enforcement Assistance and Support Act'.

Section 23-20-20. As used in this chapter article:

(1) 'Law enforcement agency' means any state, county, municipal, or local law enforcement authority that enters into a contractual agreement for the procurement of law enforcement support services.

(2) 'Law enforcement provider' means any in-state or out-of-state law enforcement authority that provides law enforcement services to a law enforcement agency pursuant to this chapter article.

(3) 'Law enforcement services' means any law enforcement assistance or service for which a fee is paid based on a contractual agreement.

Section 23-20-30. (A) The General Assembly recognizes the need to promote public safety and further recognizes that there may be situations where additional law enforcement officers are needed to maintain the public peace and welfare. Therefore, the General Assembly authorizes a law enforcement agency of this State to enter into contractual agreements with other law enforcement providers as may be necessary for the proper and prudent exercise of public safety functions. Public safety functions include traditional public safety activities which are performed over a specified time period for patrol services, crowd control and traffic control, and other emergency service situations. All contractual agreements shall adhere to the requirements contained in Section 23-20-40.

(B) Nothing in this chapter article may be construed to alter, amend, or affect any rights, duties, or responsibilities of law enforcement authorities established by South Carolina's constitutional or statutory laws or established by the ordinances of South Carolina's political subdivisions, except as expressly provided for in this chapter article.

Section 23-20-40. All written contractual agreements for law enforcement services must include, but may not be limited to, the following:

(a) a statement of the specific services to be provided;

(b) specific language dealing with financial agreements between the parties;

(c) specification of the records to be maintained concerning the performance of services to be provided to the agency;

(d) language dealing with the duration, modification, and termination of the contract;

(e) specific language dealing with the legal contingencies for any lawsuits or the payment of damages that arise from the provided services;

(f) a stipulation as to which law enforcement authority maintains control over the law enforcement provider's personnel; and

(g) specific arrangements for the use of equipment and facilities.

Section 23-20-50.(A) An agreement entered into pursuant to this chapter article on behalf of a law enforcement authority must be approved by the appropriate state, county, or local law enforcement authority's chief executive officer. A state law enforcement authority must provide a copy of the agreement to the Governor and the Executive Director of the State Budget and Control Board no later than one business day after executing the agreement. An agreement entered into with a local law enforcement authority pursuant to this chapter must be approved by the governing body of each jurisdiction. For agreements entered into prior to June 1, 2000, the agreement may be ratified by the governing body of each jurisdiction.

(B) The officers of the law enforcement provider have the same legal rights, powers, and duties to enforce the laws of South Carolina as the law enforcement agency contracting for the services.

Section 23-20-60. The Governor, upon the request of a law enforcement authority or in his discretion, may by executive order, waive the requirement for a written contractual agreement for law enforcement services required by this chapter during a natural disaster or other emergency affecting public safety."

SECTION 2. Chapter 20, Title 23 of the 1976 Code is amended by adding:

"Article 3

Illegal Alien Enforcement Act

Section 23-20-310. This article may be cited as 'The Illegal Alien Enforcement Act'.

Section 23-20-320. (A) Subject to the provisions of this article, and to the fullest extent permitted by federal law, all state, county, and municipal law enforcement officials in this State, and any other person having the power of arrest in this State, are authorized to arrest and detain an individual for a criminal violation of the federal Immigration and Nationality Act and any federal law relating to aliens illegally present in the United States.

(B) A person arrested pursuant to this section may be detained only for the time required for the Immigration and Naturalization Service to take the individual into federal custody.

(C) Notwithstanding another provision of law, nothing in the laws of this State or ordinances of any of its political subdivisions or in the common law, may be considered or interpreted to prohibit or otherwise inhibit or interfere with the authority of this State or its political subdivisions, or any officers or employees of it, to enforce federal immigration law to the maximum extent authorized by federal law. This authority includes, but is not limited to, the power to make arrests, searches, seizures, stops or any other activity commensurate with the enforcement of the criminal law. The authority also includes, but is not limited to, the authority of the state, through its executive officers or employees, to contract with, reach agreements with, or be designated or deputized by officers or employees of the United States of America to enforce the federal immigration laws.

(D) This article must be construed broadly and consistent with the preamble of this act and the legislative intent and purpose of authorizing and empowering state, county, and municipal law enforcement agencies and officials in this State, and any other person having the power of arrest in this State, to arrest and detain an individual incident to enforcement of the federal Immigration and Nationality Act and federal laws relating to aliens illegally present in the United States."

SECTION 3. This act takes effect upon approval by the Governor.

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