H*3097(Rat #0416, Act #0384 of 1986)  General Bill, By Kirsh
 A Bill to amend Section 23-11-40, Code of Laws of South Carolina, 1976,
 relating to vacancies in the office of sheriff, so as to provide for the
 filling of vacancies less than one year and more than one year prior to the
 next General Election for county sheriffs and to provide for the filling of
 vacancies upon any sheriff's indictment and suspension and acquittal or
 conviction.-amended title

   09/03/85  House  Prefiled
   09/03/85  House  Referred to Committee on Judiciary
   01/14/86  House  Introduced and read first time HJ-51
   01/14/86  House  Referred to Committee on Judiciary HJ-51
   01/29/86  House  Committee report: Favorable with amendment
                     Judiciary HJ-336
   01/30/86  House  Amended HJ-423
   01/30/86  House  Read second time HJ-424
   01/31/86  House  Read third time and sent to Senate HJ-449
   02/04/86  Senate Introduced and read first time SJ-428
   02/04/86  Senate Referred to Committee on Judiciary SJ-428
   03/12/86  Senate Committee report: Favorable Judiciary SJ-1005
   04/03/86  Senate Read second time SJ-1436
   04/03/86  Senate Ordered to third reading with notice of
                     amendments SJ-1436
   04/09/86  Senate Read third time and enrolled SJ-1503
   04/15/86         Ratified R 416
   04/21/86         Signed By Governor
   04/21/86         Effective date 04/21/86
   04/21/86         Act No. 384
   04/28/86         Copies available

AN ACT TO AMEND SECTION 23-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF SHERIFF, SO AS TO PROVIDE FOR THE FILLING OF VACANCIES LESS THAN ONE YEAR AND MORE THAN ONE YEAR PRIOR TO THE NEXT GENERAL ELECTION FOR COUNTY SHERIFFS AND TO PROVIDE FOR THE FILLING OF VACANCIES UPON ANY SHERIFF'S INDICTMENT AND SUSPENSION AND ACQUITTAL OR CONVICTION.

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

Filling of vacancy in the office of sheriff

SECTION 1. Section 23-11-40 of the 1976 Code is amended to read:

"Section 23-11-40. (A) If any vacancy occurs in the office of sheriff in any county of this State less than one year prior to the next general election for county sheriffs, the Governor may appoint some suitable person who must be an elector of the county and who, upon qualifying, according to law, is entitled to enter upon and hold the office until a sheriff is elected and qualifies in the election and is subject to all the duties and liabilities incident to the officer during the term of his service in the office.

(B) If any vacancy occurs in the office more than one year prior to the next general election for county sheriffs, a special election must be held to elect a sheriff to hold the office until a sheriff is elected and qualifies in the next general election for county sheriffs.

(C) If any vacancy occurs in the office at any time and is created by suspension by the Governor upon any sheriff's indictment, the Governor may appoint some suitable person, as provided for in subsection (A), to hold the office until the suspended sheriff is acquitted or until a sheriff is elected and qualifies in the next general election for county sheriffs, whichever event occurs first.

If the suspended sheriff is convicted less than one year prior to the next general election for county sheriffs, the appointed sheriff holds the office until a sheriff is elected and qualifies in the election. If the suspended sheriff is convicted more than one year prior to the next general election for county sheriffs, the appointed sheriff holds the office until a sheriff is elected and qualifies in a special election to be held in the county. The sheriff elected in the special election holds the office until a sheriff is elected and qualifies in the next general election for county sheriffs."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.