H 3209 Session 110 (1993-1994)
H 3209 General Bill, By Wilkins, B.O. Baker, J.M. Baxley, H.H. Clyborne,
J.L.M. Cromer, Fair, T.L. Farr, R.C. Fulmer, Gamble, S.E. Gonzales, Harvin,
J.H. Hodges, T.E. Huff, Jennings, Keegan, W.D. Keyserling, Phillips, Scott,
J.J. Snow, C.H. Stone, C.L. Sturkie, J.W. Tucker, D.C. Waldrop, S.S. Wofford and
D.A. Wright
Similar(S 60)
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.
01/20/93 House Introduced and read first time HJ-12
01/20/93 House Referred to Committee on Judiciary HJ-12
03/02/93 House Tabled in committee
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.
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 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 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 in the criminal
justice field as a certified police officer, or a two year associate
degree and three years' experience as a certified law enforcement officer,
or a four year baccalaureate degree and one year experience as a
certified law enforcement officer;
(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; 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 appropriate political party no later
than the 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 appropriate political
party 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 as a certified
police officer, or a two year associate degree and three years' experience
as a certified law enforcement officer, or a four year baccalaureate
degree and one year experience as a certified law enforcement
officer;
(2) swear or affirm before the clerk of court an officer
of the appropriate political party that he has met all of the
qualifications required by this section.
(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 July 1, 1993.
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