H*2033 Session 107 (1987-1988)
H*2033(Rat #0147, Act #0107 of 1987) General Bill, By Hayes and P.T. Bradley
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
23-1-215 so as to authorize multiple law enforcement jurisdictions to enter
into a written agreement with one another for the purpose of criminal
investigation only and to authorize law enforcement officers to have
jurisdiction within other jurisdictions, to provide an exception, and for
termination of the contract.-amended title
12/03/86 House Prefiled
12/03/86 House Referred to Committee on Judiciary
01/13/87 House Introduced and read first time HJ-41
01/13/87 House Referred to Committee on Judiciary HJ-41
02/11/87 House Committee report: Favorable with amendment
Judiciary HJ-477
02/17/87 House Amended HJ-556
02/17/87 House Read second time HJ-558
02/18/87 House Read third time and sent to Senate HJ-594
02/19/87 Senate Introduced and read first time SJ-592
02/19/87 Senate Referred to Committee on Judiciary SJ-592
04/22/87 Senate Committee report: Favorable with amendment
Judiciary SJ-1432
04/23/87 Senate Amended SJ-1499
04/23/87 Senate Read second time SJ-1500
04/28/87 Senate Read third time SJ-1536
04/28/87 Senate Returned SJ-1536
04/30/87 House Concurred in Senate amendment and enrolled HJ-2372
05/12/87 Ratified R 147
05/13/87 Signed By Governor
05/13/87 Effective date 05/13/87
05/13/87 Act No. 107
06/03/87 Copies available
(A107, R147, H2033)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
23-1-215 SO AS TO AUTHORIZE MULTIPLE LAW ENFORCEMENT JURISDICTIONS TO ENTER INTO
A WRITTEN AGREEMENT WITH ONE ANOTHER FOR THE PURPOSE OF CRIMINAL INVESTIGATION
ONLY AND TO AUTHORIZE LAW ENFORCEMENT OFFICERS TO HAVE JURISDICTION WITHIN OTHER
JURISDICTIONS, TO PROVIDE AN EXCEPTION, AND FOR TERMINATION OF THE CONTRACT.
Be it enacted by the General Assembly of the State of South Carolina:
Law enforcement, operation in multiple jurisdictions
SECTION 1. The 1976 Code is amended by adding:
"Section 23-1-215. (A) In the event of a crime where multiple
jurisdictions, either county or municipal, are involved, law enforcement officers
are authorized to exercise jurisdiction within other counties or municipalities
for the purpose of criminal investigation only if a written agreement between or
among the law enforcement agencies involved has been executed. This limitation
on law enforcement activity shall not apply to any activity authorized by Section
17-13-40.
(B) Any law enforcement officer working under this agreement is vested with
equal authority and jurisdiction outside his resident jurisdiction for the
purpose of investigation, arrest, or any other activity related to the criminal
activity for which the agreement was drawn.
(C) The agreement authorized in subsection (A) does not affect or reduce the
compensation, pension, or retirement rights of any officer and the officers shall
continue to be paid by the county or municipality where they are permanently
employed. The bond for any officer operating under the agreement shall include
coverage for his activity in the municipality or county covered by the agreement
in the same manner and to the same extent provided by bonds of regularly employed
officers of that municipality or county.
(D) The agreement authorized by this section may be terminated in writing at
the discretion of any of the law enforcement agencies involved. The termination
must be delivered or mailed to the appropriate agencies with return receipt
requested. The agreement shall terminate at the conclusion of the investigation
for which it was executed.
(E) The respective governing bodies of the political subdivisions, wherein
each of the law enforcement agencies entering into the agreement authorized in
subsection (A) is located, must be notified by its agency of the agreement's
execution and termination. The notification must be in writing and accomplished
within seventy-two hours of the agreement's execution and within seventy-two
hours of the agreement's termination.
Time effective
SECTION 2. This act takes effect upon approval by the Governor. |