South Carolina Legislature


 

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H 3447
Session 109 (1991-1992) 

H 3447 General Bill, By Wilkins, J.J. Bailey, B.O. Baker, J.M. Baxley, H. Brown, 
D.M. Bruce, P.M. Burch, C.D. Chamblee, H.H. Clyborne, Cork, Fair, T.L. Farr, 
J.G. Felder, Harvin, Hayes, B.L. Hendricks, Keegan, H.H. Keyserling, Lanford, 
Martin, McKay, Phillips, J. Rama, J.J. Snow, C.L. Sturkie, J.W. Tucker, 
D.C. Waldrop, J.B. Williams, S.S. Wofford and D.A. Wright
 A Bill to amend Section 23-11-110, Code of Laws of South Carolina, 1976,
 relating to qualifications of sheriffs, so as to require that a candidate for
 sheriff be at leat twenty-six years of age, a resident of the county for two
 years, have five years of law enforcement experience, be fingerprinted and
 have a fingerprint search conducted, and file with the clerk of court an
 affidavit.

   02/06/91  House  Introduced and read first time HJ-11
   02/06/91  House  Referred to Committee on Judiciary HJ-11
   04/18/91  House  Committee report: Favorable with amendment
                     Judiciary HJ-2
   05/02/91  House  Debate adjourned until Tuesday, May 7, 1991 HJ-29
   05/07/91  House  Debate adjourned until Wednesday, May 8, 1991 HJ-11
   05/08/91  House  Debate adjourned until Thursday, May 9, 1991 HJ-21
   05/09/91  House  Objection by Rep. White, McLeod, Short & Beatty HJ-19
   05/09/91  House  Amended HJ-19
   05/09/91  House  Debate adjourned until Tuesday, May 14, 1991 HJ-20
   05/14/91  House  Debate adjourned until Wednesday, May 15, 1991 HJ-1
   05/15/91  House  Amended HJ-16
   05/15/91  House  Debate adjourned until Thursday, May 16, 1991 HJ-16
   05/16/91  House  Recommitted to Committee on Judiciary HJ-10
   01/29/92  House  Committee report: Favorable with amendment
                     Judiciary HJ-2
   01/30/92  House  Amended HJ-20
   01/30/92  House  Read second time HJ-22
   02/04/92  House  Read third time and sent to Senate HJ-21
   02/04/92  Senate Introduced and read first time SJ-14
   02/04/92  Senate Referred to Committee on Judiciary SJ-14
   02/06/92  Senate Recalled from Committee on Judiciary SJ-13
   02/25/92  Senate Recommitted to Committee on Judiciary SJ-22
   05/07/92  Senate Committee report: Favorable with amendment
                     Judiciary SJ-22



Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

May 7, 1992

H. 3447

Introduced by REPS. Wilkins, J. Williams, Lanford, Clyborne, Sturkie, Wright, Chamblee, Hayes, Tucker, Farr, Cork, Hendricks, J. Bailey, Wofford, Burch, McKay, Rama, Bruce, Harvin, H. Brown, Baker, Fair, Baxley, Snow, L. Martin, Waldrop, Keyserling, Felder, Keegan and Phillips

S. Printed 5/7/92--S.

Read the first time February 4, 1992.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3447), to amend Section 23-11-110, Code of Laws of South Carolina, 1976, relating to qualifications of sheriffs, etc., respectfully

REPORT:

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 41, in Section 23-11-110, as contained in SECTION 1, by striking /and/ and inserting therein:

/or and/ .

Amend the bill further, as and if amended, page 1, line 42, in Section 23-11-110, as contained in SECTION 1, by striking /police/ and inserting therein: /law enforcement/ .

Amend the bill further, as and if amended, page 2, line 3, in Section 23-11-110, as contained in SECTION 1, by inserting after the word /officer/ the following:

/. For purposes of this section, a `certified law enforcement officer' is a person who has been issued a certificate as a law enforcement officer pursuant to Section 23-23-50/ .

Amend the bill further as and if amended, page 2, beginning on line 27, in Section 23-11-110, as contained in SECTION 1, by striking lines 27 through 33 and inserting therein:

/affidavit that he has had at least five years' experience in the criminal justice field met the requirements of subsection (A)(5) of this section;/ .

Amend the bill further, as and if amended, page 2, beginning on line 34, in Section 23-11-110, as contained in SECTION 1, by striking /the clerk of court an officer of the appropriate political party/ and inserting:

/the clerk of court/ .

Amend title to conform.

H. SAMUEL STILWELL, for Committee.

A BILL

TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, HAVE FIVE YEARS OF LAW ENFORCEMENT EXPERIENCE, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT.

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

SECTION 1. Section 23-11-110 of the 1976 Code is amended to read:

"Section 23-11-110. (A) All sheriffs in this State must have the following qualifications:

(1) be a citizen of the United States;

(2) be a resident of the county in which he seeks the office of sheriff for at least one year immediately preceding the date of the election for sheriff;

(3) be a registered voter;

(4) have attained the age of at least twenty-one years prior to the date of his qualifying for election to the office;

(5) have obtained a high school diploma, its recognized equivalent in educational training as established by the State Department of Education, and have at least five years' experience in the criminal justice field as a certified police officer, or a two year associate degree and three years' experience as a certified law enforcement officer, or a four year baccalaureate degree and one year experience as a certified law enforcement officer;

(6) have not been convicted of or pled guilty to any a violation of Section 56-1-460 or 56-5-2930, or both, within the past ten years or any a felony in this State or another state; and

(7) be fingerprinted and have the State Law Enforcement Division make a search of local, state, and federal fingerprint files for any criminal record. Fingerprints are to be taken under the direction of any law enforcement agency and must be made available to SLED sixty days before the close of qualification for election to the office with the records search to be filed with the appropriate political party no later than the close of qualification.

(B) Each A person offering his candidacy for the office of sheriff shall, within sixty days prior to before or at the time he qualifies, shall:

(1) file with the clerk of court appropriate political party a certified copy of his birth certificate, a certified copy of his high school diploma or certified proof of its recognized equivalent in educational training as established by the State Department of Education, or and an affidavit that he has had at least five years' experience in the criminal justice field as a certified police officer, or a two year associate degree and three years' experience as a certified law enforcement officer, or a four year baccalaureate degree and one year experience as a certified law enforcement officer;

(2) swear or affirm before the clerk of court an officer of the appropriate political party that he has met all of the qualifications required by this section.

(C) After December 31, 1988, every newly elected sheriff in his first term is required to complete a training session to be determined by the South Carolina Criminal Justice Training Council, to be conducted by the South Carolina Criminal Justice Academy or an academy certified by the South Carolina Training Council or as may be selected by the South Carolina Sheriffs' Association. This training must be completed during the first calendar year of the first term of the newly elected sheriff's term of office. Any A newly elected sheriff who is unable to attend this training course when offered because of emergency or extenuating circumstances shall, within one year from the date the disability or cause terminates, shall complete the standard basic course of instruction required of newly elected sheriffs. Any A newly elected sheriff who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the sheriff completes the course of instruction.

(D)(1) After December 31, 1988, no person is eligible to hold the office of sheriff unless he attends a minimum of twenty hours' training annually as may be selected by the South Carolina Sheriffs' Association.

(2) The basis for the minimum annual requirement of in-service training is the calendar year. Sheriffs A sheriff who satisfactorily complete completes the basic course of training in accordance with the provisions of this section after April first in any calendar year are is excused from the minimum annual training requirement for the calendar year during which the basic course is completed.

(3) A waiver of the requirement of minimum annual in-service training may be granted by the board of directors of the South Carolina Sheriffs' Association, at its discretion, upon the presentation of evidence by a sheriff that he was unable to complete the training due to emergency or extenuating circumstances considered sufficient by the board.

(4) Any A sheriff who fails to complete the minimum annual in-service training required under this section may be suspended from office, without pay, by the Governor for a period of ninety days. The Governor may continue to suspend a sheriff until he completes the annual minimum in-service training required in this section. The Governor shall appoint, at the time of the sheriff's suspension, a suitable person to perform as acting sheriff during the period of suspension.

(E) Any A sheriff holding office on the effective date of this section is exempt from the provisions in this section except for the provisions of subsection (D) of this section."

SECTION 2. This act takes effect July 1, 1993.

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