S 950 Session 112 (1997-1998)
S 0950 General Bill, By Bryan
A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT
OFFICERS, SO AS TO INCLUDE IMMIGRATION AND NATURALIZATION SERVICE SPECIAL
AGENTS IN THE DEFINITION OF FEDERAL LAW ENFORCEMENT OFFICERS.
01/27/98 Senate Introduced and read first time SJ-338
01/27/98 Senate Referred to Committee on Judiciary SJ-338
03/18/98 Senate Committee report: Favorable Judiciary SJ-10
03/19/98 Senate Read second time SJ-21
03/24/98 Senate Read third time and sent to House SJ-17
03/25/98 House Introduced and read first time HJ-26
03/25/98 House Referred to Committee on Judiciary HJ-26
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 18, 1998
S. 950
Introduced by Senator Bryan
S. Printed 3/18/98--S.
Read the first time January 27, 1998.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (S. 950), to amend Section 23-1-212,
Code of Laws of South Carolina, 1976, relating to enforcement of
state criminal laws by federal law enforcement officers, etc.,
respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
JAMES E. BRYAN, JR., for Committee.
A BILL
TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO ENFORCEMENT OF STATE
CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT
OFFICERS, SO AS TO INCLUDE IMMIGRATION AND
NATURALIZATION SERVICE SPECIAL AGENTS IN THE
DEFINITION OF FEDERAL LAW ENFORCEMENT OFFICERS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 23-1-212 of the 1976 Code, as added by Act
364 of 1996, is amended to read:
"Section 23-1-212. (A) For purposes of this section, 'federal
law enforcement officer' means the following persons who are
employed as full-time law enforcement officers by the federal
government and who are authorized to carry firearms while
performing their duties:
(1) Federal Bureau of Investigation special agents;
(2) Bureau of Alcohol, Tobacco and Firearms special agents;
(3) Drug Enforcement Administration special agents;
(4) United States Secret Service special agents;
(5) United States Customs Service officers;
(6) United States Postal Service inspectors;
(7) Internal Revenue Service special agents;
(8) United States Marshal's Service marshals and deputy
marshals;
(9) Immigration and Naturalization Service special
agents.
(B) A federal law enforcement officer is authorized to enforce
criminal laws within the State when:
(1) the federal law enforcement officer is asked by the head of
a state or local law enforcement agency or his designee to provide the
agency temporary assistance and the request is within the scope of the
state or local law enforcement agency's subject matter and territorial
jurisdiction;
(2) the federal law enforcement officer is asked by a state or
local law enforcement officer to provide him temporary assistance
when the state or local law enforcement officer is acting within the
scope of his subject matter and territorial jurisdiction; or
(3) a felony or misdemeanor is committed in the federal law
enforcement officer's presence or under circumstances indicating a
crime has been freshly committed.
(C) A federal law enforcement officer acting pursuant to this
section:
(1) has the same powers as a South Carolina law enforcement
officer;
(2) is not an officer, employee, or agent of a state or local law
enforcement agency;
(3) cannot initiate or conduct an independent investigation into
a violation of South Carolina law; and
(4) is subject to the Federal Tort Claims Act."
SECTION 2. This act takes effect upon approval by the Governor.
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