H 3692 General Bill, By Harrison
 A BILL TO AMEND SECTION 23-15-110, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO A SHERIFF, DEPUTY SHERIFF, OR SHERIFF'S CLERK BEING PROHIBITED
 FROM PRACTICING LAW OR HOLD THE OFFICE OF CLERK OF COURT, SO AS TO PROVIDE
 THAT A DEPUTY SHERIFF WHO IS AN ATTORNEY MAY ACT AS AN ATTORNEY ON BEHALF OF
 HIS AGENCY UNDER CERTAIN CIRCUMSTANCES.

   02/26/03  House  Introduced and read first time HJ-9
   02/26/03  House  Referred to Committee on Judiciary HJ-9

TO AMEND SECTION 23-15-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SHERIFF, DEPUTY SHERIFF, OR SHERIFF'S CLERK BEING PROHIBITED FROM PRACTICING LAW OR HOLD THE OFFICE OF CLERK OF COURT, SO AS TO PROVIDE THAT A DEPUTY SHERIFF WHO IS AN ATTORNEY MAY ACT AS AN ATTORNEY ON BEHALF OF HIS AGENCY UNDER CERTAIN CIRCUMSTANCES.

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

SECTION    1.    Section 23-15-110 of the 1976 Code is amended to read:

"Section 23-15-110.    (A)    No A sheriff, deputy sheriff, or sheriff's clerk, while in office, shall not act as an attorney at law, or solicitor in equity in his own name, or in the name of any other another person, or be allowed to plead or practice in any of the courts a court in this State, nor shall any such an officer hold the office of clerk of the court of common pleas and general sessions.

(B)    Notwithstanding the provisions contained in subsection (A), a deputy sheriff who is licensed to practice law in this state may act as an attorney on behalf of his agency in civil actions brought against the agency, and may provide legal council to the agency and its personnel that relates to the duties and functions of the agency and its personnel."

SECTION    2.    This act takes effect upon approval by the Governor.