H 5000 General Bill, By Moss, Harrell, Agnew, Bowers, Chalk, Gullick, Hardwick, 
Harvin, Haskins, Kelly, Kirsh, Littlejohn, Lowe and Mahaffey
 A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT
 OFFICERS, SO AS TO PROVIDE THAT NATIONAL PARK SERVICE PARK RANGERS ARE FEDERAL
 LAW ENFORCEMENT OFFICERS WHO ARE AUTHORIZED TO ENFORCE THE STATE'S CRIMINAL
 LAWS.

   04/10/08  House  Introduced and read first time HJ-16
   04/10/08  House  Referred to Committee on Judiciary HJ-16
   04/15/08  House  Recalled from Committee on Judiciary HJ-51
   04/16/08  House  Read second time HJ-21
   04/16/08         Scrivener's error corrected
   04/17/08  House  Read third time and sent to Senate HJ-35
   04/17/08  Senate Introduced and read first time SJ-9
   04/17/08  Senate Referred to Committee on Judiciary SJ-9
   04/22/08  Senate Referred to Subcommittee: Hutto (ch), Jackson,
                     Knotts, Massey

Indicates Matter Stricken

Indicates New Matter

RECALLED

April 15, 2008

H. 5000

Introduced by Reps. Moss, Harrell, Agnew, Bowers, Chalk, Gullick, Hardwick, Harvin, Haskins, Kelly, Kirsh, Littlejohn, Lowe and Mahaffey

S. Printed 4/15/08--H.    [SEC 4/16/08 5:39 PM]

Read the first time April 10, 2008.

TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT NATIONAL PARK SERVICE PARK RANGERS ARE FEDERAL LAW ENFORCEMENT OFFICERS WHO ARE AUTHORIZED TO ENFORCE THE STATE'S CRIMINAL LAWS.

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

SECTION    1.    Section 23-1-212 of the 1976 Code 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)    United States Department of Agriculture Forest Service law enforcement officers and special agents;

(10)    United States Department of Interior Fish and Wildlife special agents;

(11)    United States National Marine Fisheries special agents.;

(12)    National Park Service Rangers.

(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.