H*4919 Session 108 (1989-1990)
H*4919(Rat #0738, Act #0598 of 1990) General Bill, By Fair
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
56-7-70 so as to provide for a law enforcement officer to present appropriate
identification immediately upon stopping a driver for a motor vehicle
violation; to amend Section 16-9-320, relating to opposing, resisting, and
assaulting a law enforcement officer in a serving or arresting process, so as
to limit the offense to service or arrest by one whom the person knows or
reasonably should know is a law enforcement officer; to amend the 1976 Code by
adding Section 4-9-145 so as to authorize a county governing body to appoint
and commission necessary law enforcement officers; to amend the 1976 Code by
adding Section 56-5-935 so as to authorize the United States Department of
Energy to place and maintain traffic control devices in Aiken, Allendale, and
Barnwell counties on lands acquired by the United States government; to amend
Section 23-7-40, relating to the jurisdiction of special constables, so as to
define the jurisdiction to apply while he is in fresh pursuit of a person for
a misdemeanor or felony committed in his presence or for a felony if he
reasonably believes upon prompt information or complaint that the person has
committed the felony; to amend Section 23-7-50, relating to the powers and
duties of special constables, so as to include the rights and powers of deputy
sheriffs to apply to constables; and to amend Section 56-5-40, relating to the
exceptions to the applicability of the Uniform Act Regulating Traffic on
Highways, so as to delete the exceptions providing for a manual for a uniform
system of traffic control devices, for the definition of "acquiescence", and
for racing penalties, to include an exception prohibiting stop signs and
traffic control signals unless the Department of Highways and Public
Transportation approves, and to change the reference to Atomic Energy
Commission to the Department of Energy.-amended title
03/29/90 House Introduced and read first time HJ-36
03/29/90 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-36
04/18/90 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-9
04/25/90 House Amended HJ-83
04/25/90 House Read second time HJ-84
04/26/90 House Read third time and sent to Senate HJ-34
04/26/90 Senate Introduced and read first time SJ-16
04/26/90 Senate Referred to Committee on Transportation SJ-16
05/03/90 Senate Committee report: Favorable Transportation SJ-27
05/10/90 Senate Read second time SJ-25
05/10/90 Senate Ordered to third reading with notice of
amendments SJ-25
05/31/90 Senate Amended SJ-57
05/31/90 Senate Read third time and returned to House with
amendments SJ-60
06/06/90 House Concurred in Senate amendment and enrolled HJ-79
06/19/90 Ratified R 738
06/25/90 Signed By Governor
06/25/90 Effective date 06/25/90
06/25/90 Act No. 598
07/31/90 Copies available
(A598, R738, H4919)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 56-7-70 SO AS TO PROVIDE FOR A LAW ENFORCEMENT OFFICER TO
PRESENT APPROPRIATE IDENTIFICATION IMMEDIATELY UPON STOPPING A DRIVER
FOR A MOTOR VEHICLE VIOLATION; TO AMEND SECTION 16-9-320, RELATING TO
OPPOSING, RESISTING, AND ASSAULTING A LAW ENFORCEMENT OFFICER IN A
SERVING OR ARRESTING PROCESS, SO AS TO LIMIT THE OFFENSE TO SERVICE OR
ARREST BY ONE WHOM THE PERSON KNOWS OR REASONABLY SHOULD KNOW IS A LAW
ENFORCEMENT OFFICER; TO AMEND THE 1976 CODE BY ADDING SECTION 4-9-145
SO AS TO AUTHORIZE A COUNTY GOVERNING BODY TO APPOINT AND COMMISSION
NECESSARY LAW ENFORCEMENT OFFICERS; TO AMEND THE 1976 CODE BY ADDING
SECTION 56-5-935 SO AS TO AUTHORIZE THE UNITED STATES DEPARTMENT OF
ENERGY TO PLACE AND MAINTAIN TRAFFIC CONTROL DEVICES IN AIKEN,
ALLENDALE, AND BARNWELL COUNTIES ON LANDS ACQUIRED BY THE UNITED
STATES GOVERNMENT; TO AMEND SECTION 23-7-40, RELATING TO THE
JURISDICTION OF SPECIAL CONSTABLES, SO AS TO DEFINE THE JURISDICTION
TO APPLY WHILE HE IS IN FRESH PURSUIT OF A PERSON FOR A MISDEMEANOR OR
FELONY COMMITTED IN HIS PRESENCE OR FOR A FELONY IF HE REASONABLY
BELIEVES UPON PROMPT INFORMATION OR COMPLAINT THAT THE PERSON HAS
COMMITTED THE FELONY; TO AMEND SECTION 23-7-50, RELATING TO THE POWERS
AND DUTIES OF SPECIAL CONSTABLES, SO AS TO INCLUDE THE RIGHTS AND
POWERS OF DEPUTY SHERIFFS TO APPLY TO CONSTABLES; AND TO AMEND SECTION
56-5-40, RELATING TO THE EXCEPTIONS TO THE APPLICABILITY OF THE
UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, SO AS TO DELETE THE
EXCEPTIONS PROVIDING FOR A MANUAL FOR A UNIFORM SYSTEM OF TRAFFIC
CONTROL DEVICES, FOR THE DEFINITION OF "ACQUIESCENCE", AND
FOR RACING PENALTIES, TO INCLUDE AN EXCEPTION PROHIBITING STOP SIGNS
AND TRAFFIC CONTROL SIGNALS UNLESS THE DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION APPROVES, AND TO CHANGE THE REFERENCE TO ATOMIC
ENERGY COMMISSION TO THE DEPARTMENT OF ENERGY.
Be it enacted by the General Assembly of the State of South Carolina:
Law enforcement officer identification upon stopping a driver
SECTION 1. Chapter 7, Title 56 of the 1976 Code is amended by
adding:
"Section 56-7-70. When a law enforcement officer stops a
driver for a violation of the motor vehicle laws, he shall present his
law enforcement badge or other appropriate identification to the
driver immediately upon approaching him and before questioning."
Offense limited to service or arrest by one known as a law enforcement
officer
SECTION 2. Section 16-9-320 of the 1976 Code is amended to read:
"Section 16-9-320. A person who knowingly and wilfully:
(1) opposes or resists a law enforcement officer in serving,
executing, or attempting to serve or execute a legal writ or process
or who resists an arrest being made by one whom the person knows or
reasonably should know is a law enforcement officer, whether under
process or not, is guilty of a misdemeanor and, upon conviction, must
be fined not less than five hundred dollars and not more than one
thousand dollars or imprisoned not more than one year, or both;
(2) assaults, beats, or wounds a law enforcement officer engaged
in serving, executing, or attempting to serve or execute a legal writ
or process or who assaults, beats, or wounds an officer when the
person is resisting an arrest being made by one whom the person knows
or reasonably should know is a law enforcement officer, whether under
process or not, is guilty of a misdemeanor and, upon conviction, must
be fined not less than one thousand dollars and not more than ten
thousand dollars or imprisoned for not more than ten years, or
both."
Law enforcement officers authorized
SECTION 3. The 1976 Code is amended by adding:
"Section 4-9-145. The governing body of a county may
appoint and commission as many enforcement officers as may be
necessary for the proper security, general welfare, and convenience of
the county. These officers are vested with all the powers and duties
conferred by law upon constables in addition to duties imposed upon
them by the governing body of the county; however, such duties shall
not conflict with Section 4-9-30(5) as it relates to the
reorganization or restructuring of the sheriff's department or the
functions and duties presently being performed by the sheriff. These
enforcement officers shall exercise their powers on all private and
public property within the county."
Traffic control devices in Aiken, Allendale, and Barnwell counties
SECTION 4. Article 7, Chapter 5, Title 56 of the 1976 Code is amended
by adding:
"Section 56-5-935. The United States Department of Energy is
authorized to place and maintain traffic control devices upon roads
within the confines of the lands in Aiken, Allendale, and Barnwell
counties acquired or to be acquired by the United States Government.
The Department of Energy is not required to obtain written approval of
the Department of Highways and Public Transportation as provided in
Sections 56-5-910 and 56-5-930.
The driver of a vehicle must obey the instruction of any traffic
control device or sign placed as provided in this section unless
otherwise directed by a traffic or police officer, subject to the
exceptions granted the driver of an authorized emergency vehicle in
this chapter."
Jurisdiction of special constables
SECTION 5. Section 23-7-40 of the 1976 Code is amended to read:
"Section 23-7-40. The jurisdiction of a special state
constable is confined and limited to the lands and premises acquired
or being acquired by the United States Government for the use of the
commission in Aiken, Allendale, and Barnwell counties. Nothing
contained in this section confines or limits the jurisdiction of the
constable to the lands and premises while in fresh pursuit of a person
for a misdemeanor or felony committed in his presence or for a felony
if he reasonably believes upon prompt information or complaint that
the person has committed the felony. The failure of the United States
to acquire title to any of the lands and premises within the
boundaries of the site does not confine or limit the jurisdiction of a
special state constable authorized by this chapter."
Powers and duties of special constables, rights and powers of deputy
sheriffs
SECTION 6. Section 23-7-50 of the 1976 Code is amended to read:
"Section 23-7-50. A special state constable possesses all of
the rights and powers prescribed by law for magistrates' constables
and deputy sheriffs and powers usually exercised by marshals and
policemen of towns and cities. He shall act as a conservator of the
peace, take into custody and carry before the nearest magistrate any
person who commits any misdemeanor or felony in his presence or any
felony if he reasonably believes upon prompt information or complaint
the person has committed the felony and carry him before a court of
competent jurisdiction, and execute any criminal process from
magistrates' courts relating to offenses committed upon any of the
lands and premises within his jurisdiction."
Exceptions to the Uniform Act regulating traffic on highways,
Department of Energy
SECTION 7. Section 56-5-40 of the 1976 Code is amended to read:
"Section 56-5-40. All the provisions of this chapter, except
Articles 27, 33, 37, and 39 and Section 56-5-910, apply to all roads
within the confines of lands in Aiken, Allendale, and Barnwell
counties acquired or to be acquired by the United States Government
for use of the Department of Energy."
Time effective
SECTION 8. This act takes effect upon approval by the Governor.
Approved the 25th day of June, 1990.
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