S 0372 General Bill, By Hayes and Waldrep

Similar(H 3356)
 A Bill to amend Section 5-7-120, Code of Laws of South Carolina, 1976, as
 amended, relating to the authority of a municipality to send law enforcement
 officers to another political subdivision of this State in emergency
 situations.

   02/04/93  Senate Introduced and read first time SJ-7
   02/04/93  Senate Referred to Committee on Judiciary SJ-7
   03/03/93  Senate Committee report: Favorable with amendment
                     Judiciary SJ-11
   03/09/93  Senate Recommitted to Committee on Judiciary SJ-22

COMMITTEE REPORT

March 3, 1993

S. 372

S. Printed 3/3/93--S.

Read the first time February 4, 1993.

To whom was referred a Bill (S. 372), to amend Section 5-7-120, Code of Laws of South Carolina, 1976, as amended, relating to the authority of a municipality, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, page 1, line 38, in Section 5-7-120(A), as contained in SECTION 1, by striking /must/ and inserting therein /may/ .

Amend title to conform.

ROBERT W. HAYES, JR., for Committee.

A BILL

TO AMEND SECTION 5-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE AUTHORITY OF A MUNICIPALITY TO SEND LAW ENFORCEMENT OFFICERS TO ANOTHER POLITICAL SUBDIVISION OF THIS STATE IN EMERGENCY SITUATIONS.

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

SECTION 1. Section 5-7-120 of the 1976 Code, as last amended by Act 435 of 1978, is further amended to read:

"Section 5-7-120. (A) The governing body of any municipality may upon the request of the governing body of any other political subdivision of the State, send any law enforcement officers to such the requesting political subdivision in cases of emergency. A complete record of the request, together with the names of the officers sent, shall must be recorded in the minutes of the next regular or special meeting of the governing bodies of both the requesting and the sending political subdivisions. Failure to record the request at the next regular or special meeting of the governing bodies does not affect the applicability of the tort liability coverage. Expenses of the requested services shall must be borne by the requesting municipality.

(B) When law enforcement officers are sent to another municipality pursuant to this section, the jurisdiction, authority, rights, privileges, and immunities, including coverage under the workmen's compensation laws, and tort liability coverage obtained pursuant to the provisions of Chapter 78 of Title 15, which they have in the sending municipality shall be are extended to and include the area in which like benefits and, authorities, and tort liability coverage are or could be afforded to the law enforcement officers of the requesting political subdivision. When so sent they shall have the same authority to make arrests and to execute criminal process as is vested by law in the law enforcement officers of the requesting political subdivision, but this section shall does not extend the effect of the laws of the sending political subdivision."

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