S*60 Session 110 (1993-1994)
S*0060(Rat #0037, Act #0019) General Bill, By Washington, M.T. Rose and
H.S. Stilwell
Similar(H 3209)
A Bill to amend Section 23-11-110, Code of Laws of South Carolina, 1976,
relating to qualifications of sheriffs, so as to revise the educational and
professional experience, to provide for fingerprinting and a fingerprint
search, and to require an affidavit filed with the clerk of court.
01/12/93 Senate Introduced and read first time SJ-42
01/12/93 Senate Referred to Committee on Judiciary SJ-42
01/27/93 Senate Committee report: Favorable with amendment
Judiciary SJ-13
01/28/93 Senate Amended SJ-16
01/28/93 Senate Read second time SJ-18
01/28/93 Senate Ordered to third reading with notice of
amendments SJ-18
02/02/93 Senate Read third time and sent to House SJ-8
02/03/93 House Introduced and read first time HJ-21
02/03/93 House Referred to Committee on Judiciary HJ-22
03/03/93 House Committee report: Favorable with amendment
Judiciary HJ-7
03/08/93 House Debate adjourned until Tuesday, March 9, 1993 HJ-13
03/09/93 House Amended HJ-9
03/09/93 House Read second time HJ-9
03/10/93 House Read third time and returned to Senate with
amendments HJ-8
03/17/93 Senate House amendment amended SJ-4
03/17/93 Senate Returned to House with amendments SJ-5
03/25/93 House Concurred in Senate amendment and enrolled HJ-19
04/20/93 Ratified R 37
04/22/93 Signed By Governor
04/22/93 Effective date 07/01/93
05/25/93 Copies available
(A19, R37, S60)
AN ACT TO AMEND SECTION 23-11-110, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF
SHERIFFS, SO AS TO REVISE THE EDUCATIONAL AND
PROFESSIONAL EXPERIENCE, TO PROVIDE FOR
FINGERPRINTING AND A FINGERPRINT SEARCH, AND TO
REQUIRE AN AFFIDAVIT FILED WITH THE CLERK OF
COURT.
Be it enacted by the General Assembly of the State of South Carolina:
Qualifications
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 immediately preceding the date of the election for
sheriff;
(3) be a registered voter;
(4) have attained the age of at least twenty-one years prior to the date
of his qualifying for election to the office;
(5) have:
(a) obtained a high school diploma, its recognized equivalent in
educational training as established by the State Department of Education,
and have at least five years' experience as a certified law enforcement
officer; or
(b) obtained a two-year associate degree and three years' experience
as a certified law enforcement officer; or
(c) obtained a four-year baccalaureate degree and one year's
experience as a certified law enforcement officer; or
(d) served as a summary court judge for at least ten years.
For purposes of this section, a `certified law enforcement officer' is a
person who has been issued a certificate as a law enforcement officer
pursuant to Section 23-23-50.
(6) have not been convicted of or pled guilty to a violation of Section
56-1-460 or 56-5-2930, or both, within the past ten years or a felony in this
State or another state; and
(7) be fingerprinted and have the State Law Enforcement Division
make a search of local, state, and federal fingerprint files for any criminal
record. Fingerprints are to be taken under the direction of any law
enforcement agency and must be made available to SLED sixty days before
the close of qualification for election to the office with the records search to
be filed with the county executive committee of the person's political party.
A person seeking nomination by petition must file the records search with
the county election commission in the county of his residence.
(B) (1) A person offering his candidacy for the office of sheriff, within
sixty days before or at the time he qualifies, shall file a sworn affidavit with
the county executive committee of the person's political party. The county
executive committee of any political party with whom a person has filed his
affidavit must file a copy of the affidavit with the appropriate county
election commission by noon on the tenth day following the deadline for
filing affidavits by candidates. If the tenth day falls on Saturday, Sunday,
or a holiday, the affidavits must be filed by noon the following day. A
person seeking nomination by petition must file a sworn affidavit with the
county election commission in the county of his residence.
(2) The affidavit must contain the following information:
(a) the date and place of the person's birth;
(b) the date the person graduated from high school or the date the
person obtained the recognized equivalent of a high school diploma;
(c) the date the person received any associate or baccalaureate
degrees when applicable;
(d) the number of years' experience the person has had as a certified
law enforcement officer when applicable;
(e) the number of years the person has served as a summary court
judge when applicable; and
(f) an affirmation that the person meets all of the qualification
requirements of subsection (A).
(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. A newly-elected sheriff who is unable to attend this training course
when offered because of emergency or extenuating circumstances, within
one year from the date the disability or cause terminates, shall complete the
standard basic course of instruction required of newly-elected sheriffs. 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. A sheriff who satisfactorily completes the
basic course of training in accordance with the provisions of this section
after April first in any calendar year 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) 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) 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."
Time effective
SECTION 2. This act takes effect July 1, 1993.
Approved the 22nd day of April, 1993. |