S*0327(Rat #0125, Act #0109 of 2001)  General Bill, By Thomas and Hutto
 A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO LIMIT THE NUMBER
 OF LITTER CONTROL OFFICERS WITHIN A COUNTY AND TO AUTHORIZE LITTER CONTROL
 OFFICERS WHO ARE CERTIFIED AS LAW ENFORCEMENT OFFICERS TO PERFORM ARRESTS
 RELATING TO THEIR PRIMARY DUTIES OF ENFORCING LITTER CONTROL LAWS AND WHEN
 ENFORCING OTHER STATE AND LOCAL LAWS AND ORDINANCES WHICH MAY ARISE INCIDENTAL
 TO THE ENFORCEMENT OF PRIMARY DUTIES; AND TO AMEND CHAPTER 15, TITLE 23,
 RELATING TO THE GENERAL POWERS AND DUTIES OF SHERIFFS, BY ADDING SECTION
 23-15-140, SO AS TO PROVIDE FOR THE DESCRIPTION OF THE OFFICIAL BADGE TO BE
 WORN BY THE STATE'S SHERIFFS AND DEPUTY SHERIFFS.-AMENDED TITLE

   02/14/01  Senate Introduced and read first time SJ-10
   02/14/01  Senate Referred to Committee on Judiciary SJ-10
   04/25/01  Senate Committee report: Favorable with amendment
                     Judiciary SJ-21
   04/26/01  Senate Amended SJ-35
   04/26/01  Senate Read second time SJ-35
   04/26/01  Senate Unanimous consent for third reading on next
                     legislative day SJ-35
   04/27/01  Senate Read third time and sent to House SJ-4
   05/01/01  House  Introduced and read first time HJ-17
   05/01/01  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-17
   05/01/01  House  Recalled from Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-40
   05/01/01  House  Committed to Committee on Judiciary HJ-40
   05/17/01  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   05/23/01  House  Requests for debate-Rep(s). Altman, Simrill,
                     Robinson, Perry and Merrill HJ-35
   05/24/01  House  Requests for debate removed-Rep(s). Merrill and
                     Perry HJ-36
   05/24/01  House  Debate interrupted HJ-37
   05/24/01  House  Debate adjourned until Tuesday, May 29, 2001 HJ-44
   05/29/01  House  Requests for debate-Rep(s). Meacham-Richardson,
                     Knotts, Weeks, Whatley, Bingham, Trotter and
                     Frye HJ-78
   05/29/01  House  Requests for debate removed-Rep(s). Bingham,
                     Whatley, Knotts, Loftis and Frye HJ-94
   05/30/01  House  Requests for debate removed-Rep(s). Weeks,
                     Meacham-Richardson and Trotter HJ-28
   05/30/01  House  Amended HJ-28
   05/30/01  House  Debate interrupted HJ-30
   05/30/01  House  Requests for debate-Rep(s). Loftis HJ-31
   05/30/01  House  Read second time HJ-31
   05/31/01  House  Read third time and returned to Senate with
                     amendments HJ-6
   05/31/01  Senate Concurred in House amendment and enrolled
   05/31/01  Senate Reconsidered
   06/06/01  Senate House amendment amended SJ-12
   06/06/01  Senate Returned to House with amendments SJ-12
   06/07/01  House  Concurred in Senate amendment and enrolled HJ-4
   06/07/01         Ratified R 125
   10/04/01         Signed By Governor
   10/17/01         Effective date 10/04/01 except that Section 2
                     takes effect January 1, 2002
   10/17/01         Copies available
   10/17/01         Act No. 109

AN ACT TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO LIMIT THE NUMBER OF LITTER CONTROL OFFICERS WITHIN A COUNTY AND TO AUTHORIZE LITTER CONTROL OFFICERS WHO ARE CERTIFIED AS LAW ENFORCEMENT OFFICERS TO PERFORM ARRESTS RELATING TO THEIR PRIMARY DUTIES OF ENFORCING LITTER CONTROL LAWS AND WHEN ENFORCING OTHER STATE AND LOCAL LAWS AND ORDINANCES WHICH MAY ARISE INCIDENTAL TO THE ENFORCEMENT OF PRIMARY DUTIES; AND TO AMEND CHAPTER 15, TITLE 23, RELATING TO THE GENERAL POWERS AND DUTIES OF SHERIFFS, BY ADDING SECTION 23-15-140, SO AS TO PROVIDE FOR THE DESCRIPTION OF THE OFFICIAL BADGE TO BE WORN BY THE STATE'S SHERIFFS AND DEPUTY SHERIFFS.

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

Litter control officers with custodial arrest authority; number of; powers

SECTION 1. Section 4-9-145 of the 1976 Code is amended to read:

"Section 4-9-145. (A) Except as provided in subsection (B), the governing body of a county may appoint and commission as many code enforcement officers as may be necessary for the proper security, general welfare, and convenience of the county. These officers are vested with all the powers and duties conferred by law upon constables in addition to duties imposed upon them by the governing body of the county. However, no code enforcement officer commissioned under this section may perform a custodial arrest, except as provided in subsection (B). These code enforcement officers must exercise their powers on all private and public property within the county. The governing body of the county may limit the scope of a code enforcement officer's authority or the geographic area for which he is authorized to exercise the authority granted.

(B)(1) The number of litter control officers vested with custodial arrest authority who are appointed and commissioned pursuant to subsection (A) must not exceed the greater of:

(a) the number of officers appointed and commissioned by the county on July 1, 2001; or

(b) one officer for every twenty-five thousand persons in the county, based upon the 2000 census. Each county may appoint and commission at least one officer, without regard to the population of the county.

(2)(a) A litter control officer appointed and commissioned pursuant to subsection (A) may exercise the power of arrest with respect to his primary duties of enforcement of litter control laws and ordinances and other state and local laws and ordinances as may arise incidental to the enforcement of his primary duties only if the officer has been certified as a law enforcement officer pursuant to Article 9, Chapter 6, Title 23.

(b) In the absence of an arrest for a violation of the litter control laws and ordinances, a litter control officer authorized to exercise the power of arrest pursuant to subitem (a) may not stop a person or make an incidental arrest of a person for a violation of other state and local laws and ordinances.

(3) For purposes of this section, the phrase 'litter control officer' means a code enforcement officer authorized to enforce litter control laws and ordinances."

Sheriff's official badge

SECTION 2. The 1976 Code is amended by adding:

"Section 23-15-140. (A) The purpose of this section is to provide for uniformity among sheriffs and deputy sheriffs, and to aid the public in identifying a sheriff and deputy sheriff.

(B) A badge that consists of or incorporates the shape of a five-pointed or six-pointed star with a replica of the Great Seal of South Carolina inscribed in its center is the official badge to be worn by all sheriffs and deputy sheriffs throughout the State.

(C) It is unlawful for a person who is not a sheriff or deputy sheriff to present himself as such by wearing or presenting the official badge described in subsection (A).

(D) A person who violates the provisions of this section, upon conviction, must be fined not more than one hundred dollars, or imprisoned not more than thirty days."

Time effective

SECTION 3. This act takes effect upon approval by the Governor, except that Section 2 takes effect on January 1, 2002.

Ratified the 7th day of June, 2001.

Approved the 4th day of October, 2001.