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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