S 1077 Session 109 (1991-1992)
S 1077 General Bill, By Washington and M.T. Rose
A Bill to amend Section 23-11-110, Code of Laws of South Carolina, 1976,
relating to qualifications of sheriffs, so as to require that a candidate for
sheriff be at least twenty-six years of age, a resident of the county for two
years, be fingerprinted and have a fingerprint search conducted, and file with
the Clerk of Court an affidavit; and to change the educational training and
law enforcement experience requirements.
10/21/91 Senate Prefiled
10/21/91 Senate Referred to Committee on Judiciary
01/14/92 Senate Introduced and read first time SJ-22
01/14/92 Senate Referred to Committee on Judiciary SJ-22
01/29/92 Senate Committee report: Favorable Judiciary SJ-4
02/05/92 Senate Amended SJ-19
03/17/92 Senate Special order SJ-33
04/14/92 Senate Debate adjourned SJ-20
Indicates Matter Stricken
Indicates New Matter
AMENDED
February 5, 1992
S. 1077
Introduced by SENATORS Washington and Rose
S. Printed 2/5/92--S.
Read the first time January 14, 1992.
A BILL
TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO QUALIFICATIONS OF
SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR
SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A
RESIDENT OF THE COUNTY FOR TWO YEARS, BE
FINGERPRINTED AND HAVE A FINGERPRINT SEARCH
CONDUCTED, AND FILE WITH THE CLERK OF COURT AN
AFFIDAVIT; AND TO CHANGE THE EDUCATIONAL TRAINING
AND LAW ENFORCEMENT EXPERIENCE REQUIREMENTS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-11-110 of the 1976 Code is amended to
read:
"Section 23-11-110. (A) All sheriffs in this State must have
the following qualifications:
(1) be a citizen of the United States;
(2) be a resident of the county in which he seeks the office of
sheriff for at least one year two years immediately
preceding the date of the election for sheriff;
(3) be a registered voter;
(4) have attained the age of at least twenty-one
twenty-six years prior to before the date of his
qualifying for election to the office;
(5) have obtained a high school diploma, its recognized
equivalent in educational training as established by the State Department
of Education, or and have at least five years'
experience in the criminal justice field years of law enforcement
experience, or a two year associate degree and three years of law
enforcement experience, or a four year degree and one year of law
enforcement experience;
(6) have not been convicted of or pled guilty to any
a violation of Section 56-1-460 or 56-5-2930, or both, within
the past ten years or any a felony in this State or
another state or a crime of moral turpitude in this State or another state;
and
(7) be fingerprinted and have SLED make a search of local,
state, and federal fingerprint files for a criminal record. Fingerprints are
to be taken under the direction of a law enforcement agency and must be
made available to SLED sixty days before the close of qualification for
elections to the office. SLED shall file the results with the clerk of court
no later than close of qualification.
(B) Each A person offering his candidacy for the
office of sheriff shall, within sixty days prior to
before or at the time he qualifies, shall:
(1) file with the clerk of court a certified copy of his birth
certificate, a certified copy of his high school diploma or certified proof
of its recognized equivalent in educational training as established by the
State Department of Education, or and an affidavit that
he has had at least five years' experience in the criminal justice
field met the requirements of subsection (A)(5) of this
section;
(2) swear or affirm before the clerk of court that he has met or
will meet by the date of the election all of the qualifications required by
this section;
(3) provide to the clerk of court a complete history of his
places of residence for six years immediately preceding his qualification
date;
(4) provide to the clerk of court a complete history of his
places of employment for six years immediately preceding his
qualification date, giving the period of time employed and the name and
address of his employers.
(C) After December 31, 1988, every newly elected sheriff in his
first term is required to complete a training session to be determined by
the South Carolina Criminal Justice Training Council, to be conducted
by the South Carolina Criminal Justice Academy or an academy certified
by the South Carolina Training Council or as may be selected by the
South Carolina Sheriffs' Association. This training must be completed
during the first calendar year of the first term of the newly elected
sheriff's term of office. Any A newly elected sheriff
who is unable to attend this training course when offered because of
emergency or extenuating circumstances shall, within one year
from the date the disability or cause terminates, shall complete
the standard basic course of instruction required of newly elected
sheriffs. Any A newly elected sheriff who does not
fulfill the obligations of this subsection is subject to suspension by the
Governor until the sheriff completes the course of instruction.
(D)(1) After December 31, 1988, no person is eligible to hold the
office of sheriff unless he attends a minimum of twenty hours' training
annually as may be selected by the South Carolina Sheriffs' Association.
(2) The basis for the minimum annual requirement of
in-service training is the calendar year. Sheriffs A
sheriff who satisfactorily complete completes the
basic course of training in accordance with the provisions of this section
after April first in any calendar year are is excused from
the minimum annual training requirement for the calendar year during
which the basic course is completed.
(3) A waiver of the requirement of minimum annual in-service
training may be granted by the board of directors of the South Carolina
Sheriffs' Association, at its discretion, upon the presentation of evidence
by a sheriff that he was unable to complete the training due to
emergency or extenuating circumstances considered sufficient by the
board.
(4) Any A sheriff who fails to complete the
minimum annual in-service training required under this section may be
suspended from office, without pay, by the Governor for a period of
ninety days. The Governor may continue to suspend a sheriff until he
completes the annual minimum in-service training required in this
section. The Governor shall appoint, at the time of the sheriff's
suspension, a suitable person to perform as acting sheriff during the
period of suspension.
(E) Any A sheriff holding office on the effective
date of this section is exempt from the provisions in this section except
for the provisions of subsection (D) of this section."
SECTION 2. This act takes effect upon approval by the Governor.
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