South Carolina Legislature


 

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H*3215
Session 112 (1997-1998)


H*3215(Rat #0278, Act #0265 of 1998)  General Bill, By Simrill and Meacham
 A BILL TO AMEND SECTION 17-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO A TOWN OR CITY POLICE OFFICER'S JURISDICTION WHEN HE IS IN PURSUIT
 OF AN OFFENDER, SO AS TO PROVIDE THAT THE OFFICER MAY ARREST AN OFFENDER
 WITHIN THE TOWN OR CITY'S CORPORATE LIMITS, WITHIN THE COUNTY IN WHICH THE
 TOWN OR CITY IS LOCATED, OR AT A PLACE WITHIN THREE MILES OF THE CORPORATE
 LIMITS, TO PROVIDE THAT WHEN COUNTY POLICE AUTHORITIES ARE IN PURSUIT OF AN
 OFFENDER FOR VIOLATING A COUNTY ORDINANCE OR STATE STATUTE COMMITTED WITHIN
 THE UNINCORPORATED AREAS OF THE COUNTY, THE AUTHORITIES MAY ARREST THE
 OFFENDER WITHIN THE UNINCORPORATED AREAS OR AT A PLACE WITHIN AN ADJACENT
 COUNTY, AND TO PROVIDE THAT WHEN A LAW ENFORCEMENT OFFICER'S JURISDICTION IS
 EXPANDED, CERTAIN AUTHORITY, RIGHTS, PRIVILEGES, AND IMMUNITIES THAT ARE
 APPLICABLE TO AN OFFICER EMPLOYED WITHIN HIS JURISDICTION ARE EXTENDED TO HIS
 EXPANDED JURISDICTION.-AMENDED TITLE

   01/08/97  House  Prefiled
   01/08/97  House  Referred to Committee on Judiciary
   01/14/97  House  Introduced and read first timeNext HJ-82
   01/14/97  House  Referred to Committee on Judiciary HJ-82
   02/05/97  House  Committee report: Favorable with amendment
                     Judiciary HJ-6
   02/11/97  House  Debate adjourned until Wednesday, February 12,
                     1997 HJ-12
   02/12/97  House  Amended HJ-23
   02/12/97  House  Read second PrevioustimeNext HJ-25
   02/13/97  House  Read third PrevioustimeNext and sent to Senate HJ-5
   02/18/97  Senate Introduced and read first PrevioustimeNext SJ-8
   02/18/97  Senate Referred to Committee on Judiciary SJ-8
   06/04/97  Senate Recalled from Committee on Judiciary SJ-72
   06/04/97  Senate Amended SJ-72
   06/04/97  Senate Read second PrevioustimeNext SJ-72
   06/04/97  Senate Unanimous consent for third reading on next
                     legislative day SJ-72
   06/05/97  Senate Read third PrevioustimeNext and returned to House with
                     amendments SJ-15
   06/05/97  Senate Reconsidered SJ-18
   06/05/97  Senate Amended SJ-18
   06/05/97  Senate Read third PrevioustimeNext and returned to House with
                     amendments SJ-18
   01/13/98  House  Senate amendment amended HJ-67
   01/13/98  House  Returned to Senate with amendments HJ-67
   01/20/98  Senate Concurred in House amendment and enrolled SJ-21
   02/17/98         Ratified R 278
   02/20/98         Signed By Governor
   02/20/98         Effective date 02/20/98
   03/02/98         Copies available
   04/01/98         Act No. 265



(A265, R278, H3215)

AN ACT TO AMEND SECTION 17-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TOWN OR CITY POLICE OFFICER'S JURISDICTION WHEN HE IS IN PURSUIT OF AN OFFENDER, SO AS TO PROVIDE THAT THE OFFICER MAY ARREST AN OFFENDER WITHIN THE TOWN OR CITY'S CORPORATE LIMITS, WITHIN THE COUNTY IN WHICH THE TOWN OR CITY IS LOCATED, OR AT A PLACE WITHIN THREE MILES OF THE CORPORATE LIMITS, TO PROVIDE THAT WHEN COUNTY POLICE AUTHORITIES ARE IN PURSUIT OF AN OFFENDER FOR VIOLATING A COUNTY ORDINANCE OR STATE STATUTE COMMITTED WITHIN THE UNINCORPORATED AREAS OF THE COUNTY, THE AUTHORITIES MAY ARREST THE OFFENDER WITHIN THE UNINCORPORATED AREAS OR AT A PLACE WITHIN AN ADJACENT COUNTY, AND TO PROVIDE THAT WHEN A LAW ENFORCEMENT OFFICER'S JURISDICTION IS EXPANDED, CERTAIN AUTHORITY, RIGHTS, PRIVILEGES, AND IMMUNITIES THAT ARE APPLICABLE TO AN OFFICER EMPLOYED WITHIN HIS JURISDICTION ARE EXTENDED TO HIS EXPANDED JURISDICTION.

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

Law enforcement officer jurisdiction

SECTION 1. Section 17-13-40 of the 1976 Code is amended to read:

Section 17-13-40. (A) When the police authorities of a town or city are in pursuit of an offender for a violation of a municipal ordinance or statute of this State committed within the corporate limits, the authorities may arrest the offender, with or without a warrant, at a place within the corporate limits, at a place within the county in which the town or city is located, or at a place within a radius of three miles of the corporate limits.

(B) When the police authorities of a county are in pursuit of an offender for a violation of a county ordinance or statute of this State committed within the unincorporated areas of the county, the authorities may arrest the offender, with or without a warrant, within the unincorporated areas or at a place within an adjacent county.

(C) When a law enforcement officer's jurisdiction is expanded pursuant to this section, the authority, rights, privileges, and immunities, including coverage under the workers' compensation laws, and tort liability coverage obtained pursuant to the provisions of Chapter 78, Title 15, that are applicable to an officer within the jurisdiction in which he is employed are extended to and include the expanded areas of jurisdiction granted pursuant to this section.

PreviousTime effective

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

Approved the 20th day of February, 1998.




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