South Carolina General Assembly
111th Session, 1995-1996

Bill 44


                    Current Status

Bill Number:                    44
Ratification Number:            92
Act Number:                     53
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19950110
Primary Sponsor:                Courson 
All Sponsors:                   Courson, Gregory, Wilson
Drafted Document Number:        PT\1447CM.95
Date Bill Passed both Bodies:   19950524
Governor's Action:              S
Date of Governor's Action:      19950612
Subject:                        Citizen's arrest

History



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

------  19950612  Act No. A53
------  19950612  Signed by Governor
------  19950606  Ratified R92
House   19950524  Read third time, enrolled for
                  ratification
House   19950523  Read second time
House   19950518  Committee report: Favorable              25 HJ
House   19950301  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19950228  Read third time, sent to House
Senate  19950223  Read second time
Senate  19950222  Committee report: Favorable              11 SJ
Senate  19950110  Introduced, read first time,             11 SJ
                  referred to Committee
Senate  19940919  Prefiled, referred to Committee          11 SJ

View additional legislative information at the LPITS web site.


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

(A53, R92, S44)

AN ACT TO AMEND SECTION 17-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CITIZEN ARREST, BY DELETING LANGUAGE RELATING TO EVIL INTENT SO AS TO PROVIDE THAT A CITIZEN'S ARREST MAY BE MADE WHEN A PERSON ENTERS A DWELLING HOUSE ILLEGALLY WITHOUT EXPRESS OR IMPLIED PERMISSION.

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

Citizen arrest

SECTION 1. Section 17-13-20 of the 1976 Code is amended to read:

"Section 17-13-20. A citizen may arrest a person in the nighttime by efficient means as the darkness and the probability of escape render necessary, even if the life of the person should be taken, when the person:

(a) has committed a felony;

(b) has entered a dwelling house without express or implied permission;

(c) has broken or is breaking into an outhouse with a view to plunder;

(d) has in his possession stolen property; or

(e) being under circumstances which raise just suspicion of his design to steal or to commit some felony, flees when he is hailed."

Time effective

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

Approved the 12th day of June, 1995.