S*739 Session 111 (1995-1996)
S*0739(Rat #0404, Act #0364 of 1996) General Bill, By Bryan and Giese
Similar(H 4002)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
23-1-212 so as to define federal law enforcement officer, to permit a federal
law enforcement officer to enforce the state's criminal laws under certain
circumstances, and to provide that a federal law enforcement officer has the
same powers as a South Carolina law enforcement officer, is not an officer,
employee, or agent of a state or local law enforcement agency, may not conduct
an independent investigation into a violation of state law, and is subject to
the federal Tort Claims Act.-amended title
04/12/95 Senate Introduced and read first time SJ-3
04/12/95 Senate Referred to Committee on Judiciary SJ-3
04/24/96 Senate Committee report: Favorable with amendment
Judiciary SJ-10
04/25/96 Senate Amended SJ-62
04/25/96 Senate Read second time SJ-62
04/25/96 Senate Unanimous consent for third reading on next
legislative day SJ-62
04/26/96 Senate Read third time and sent to House SJ-3
04/30/96 House Introduced and read first time HJ-14
04/30/96 House Referred to Committee on Judiciary HJ-15
05/15/96 House Committee report: Favorable Judiciary HJ-15
05/21/96 House Read second time HJ-103
05/22/96 House Read third time and enrolled HJ-17
05/23/96 Ratified R 404
05/29/96 Signed By Governor
05/29/96 Effective date 05/29/96
06/18/96 Copies available
06/18/96 Act No. 364
(A364, R404, S739)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 23-1-212 SO AS TO
DEFINE FEDERAL LAW ENFORCEMENT OFFICER, TO PERMIT A
FEDERAL LAW ENFORCEMENT OFFICER TO ENFORCE THE
STATE'S CRIMINAL LAWS UNDER CERTAIN CIRCUMSTANCES,
AND TO PROVIDE THAT A FEDERAL LAW ENFORCEMENT
OFFICER HAS THE SAME POWERS AS A SOUTH CAROLINA
LAW ENFORCEMENT OFFICER, IS NOT AN OFFICER,
EMPLOYEE, OR AGENT OF A STATE OR LOCAL LAW
ENFORCEMENT AGENCY, MAY NOT CONDUCT AN
INDEPENDENT INVESTIGATION INTO A VIOLATION OF STATE
LAW, AND IS SUBJECT TO THE FEDERAL TORT CLAIMS
ACT.
Be it enacted by the General Assembly of the State of South
Carolina:
Enforcement of the state's criminal laws
SECTION 1. The 1976 Code is amended by adding:
"Section 23-1-212. (A) For purposes of this section, `federal
law enforcement officer' means the following persons who are employed
as full-time law enforcement officers by the federal government and who
are authorized to carry firearms while performing their duties:
(1) Federal Bureau of Investigation special agents;
(2) Bureau of Alcohol, Tobacco and Firearms special agents;
(3) Drug Enforcement Administration special agents;
(4) United States Secret Service special agents;
(5) United States Customs Service officers;
(6) United States Postal Service inspectors;
(7) Internal Revenue Service special agents;
(8) United States Marshal's Service marshals and deputy
marshals.
(B) A federal law enforcement officer is authorized to enforce
criminal laws within the State when:
(1) the federal law enforcement officer is asked by the head of a
state or local law enforcement agency or his designee to provide the
agency temporary assistance and the request is within the scope of the
state or local law enforcement agency's subject matter and territorial
jurisdiction;
(2) the federal law enforcement officer is asked by a state or local
law enforcement officer to provide him temporary assistance when the
state or local law enforcement officer is acting within the scope of his
subject matter and territorial jurisdiction; or
(3) a felony or misdemeanor is committed in the federal law
enforcement officer's presence or under circumstances indicating a crime
has been freshly committed.
(C) A federal law enforcement officer acting pursuant to this
section:
(1) has the same powers as a South Carolina law enforcement
officer;
(2) is not an officer, employee, or agent of a state or local law
enforcement agency;
(3) cannot initiate or conduct an independent investigation into a
violation of South Carolina law; and
(4) is subject to the Federal Tort Claims Act."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 29th day of May, 1996. |