Current Status Bill Number:
507Ratification Number: 440Act Number: 407Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19950214Primary Sponsor: WilsonAll Sponsors: WilsonDrafted Document Number: DKA\3647CM.95Date Bill Passed both Bodies: 19960529Date of Last Amendment: 19960529Governor's Action: SDate of Governor's Action: 19960604Subject: Private detective business
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19960621 Act No. A407 ------ 19960604 Signed by Governor ------ 19960530 Ratified R440 House 19960529 Ordered enrolled for ratification Senate 19960529 Conference Committee Report adopted 88 SCC House 19960529 Conference Committee Report adopted 98 HCC House 19960522 Conference powers granted, 98 HCC Kirsh appointed Reps. to Committee of Young- Conference Brickell Whatley Senate 19960522 Conference powers granted, 88 SCC Wilson appointed Senators to Committee O'Dell of Conference Hayes Senate 19960522 Insists upon amendment House 19960508 Non-concurrence in Senate amendment Senate 19960502 House amendments amended, returned to House with amendment Senate 19960430 Reconsidered vote whereby concurred in House amendments and enrolled for ratification Senate 19960430 Recalled from Legislative Council Senate 19960326 Concurred in House amendment, enrolled for ratification House 19960320 Read third time, returned to Senate with amendment House 19960319 Amended, read second time House 19960313 Committee report: Favorable with 26 HLCI amendment House 19950509 Introduced, read first time, 26 HLCI referred to Committee Senate 19950504 Read third time, sent to House Senate 19950503 Read second time Senate 19950503 Amended Senate 19950426 Committee amendment adopted Senate 19950425 Committee report: Favorable with 12 SLCI amendment Senate 19950214 Introduced, read first time, 12 SLCI referred to CommitteeView additional legislative information at the LPITS web site.
(A407, R440, S507)
AN ACT TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS; AND TO AMEND SECTION 16-23-20, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO REVISE THE GROUP OF PERSONS WHO MAY LAWFULLY CARRY A PISTOL.
Be it enacted by the General Assembly of the State of South Carolina:
Private detective business
SECTION 1. Section 40-17-55, as added by Section 1, Act 78 of 1991, is amended to read:
"Section 40-17-55. (A) A person or corporation desiring to operate a private detective business in this State must obtain a Private Detective Business License from the State Law Enforcement Division (SLED). SLED may grant a license to a person or head of a corporation who files a verified application and who:
(1) has obtained a high school diploma or its equivalent;
(2) is at least twenty-one years of age;
(3) is a citizen of the United States;
(4) has not been convicted of a felony or a crime involving moral turpitude, even if pardoned for the disqualifying offense;
(5) is not a person with a record of mental illness that has not been restored to legal capacity;
(6) is not a veteran who has received less than an honorable discharge from military service; and
(7) is a person having had at least three years experience:
(a) as a private investigator;
(b) with a licensed private investigative agency;
(c) as a staff legal investigator; or
(d) as an investigator with a federal, state, county, or municipal law enforcement agency.
(B) The application for licensure must be made in writing, under oath, on a form furnished by the division. The application must state the applicant's full name, age, date and place of birth, residences and employment within the past five years, and present occupation with the names and addresses of employers, the date and place of conviction of a crime, and additional information the division requires to investigate the integrity of the applicant. The applicant shall submit with the application one set of fingerprints on forms specified and furnished by the division and a photograph in color, two inches wide by three inches high, taken within six months before the application. The application must contain additional information and documentation the division may require by regulation.
(C) A private detective employed by a Private Detective Business License holder must:
(1) have a high school diploma or its equivalent;
(2) be at least eighteen years of age;
(3) be a citizen of the United States;
(4) not have been convicted of a felony or crime involving moral turpitude, even if pardoned for the disqualifying offense;
(5) not be a person with a record of mental illness that has not been restored to legal capacity; and
(6) not be a veteran who has received less than an honorable discharge from military service.
(D) A person registered as a private detective before this section becomes effective, who applies for a Private Detective Business License, is not required to meet the conditions contained in subsection (A)(1), (7), and that part of (4) which does not allow a pardon."
Unlawful carrying of pistol; exceptions
SECTION 2. Section 16-23-20(1) of the 1976 Code, as last amended by Section 3, Act 85 of 1995, is further amended to read:
"(1) Regular, salaried law enforcement officers and reserve police officers of a municipality or county of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers employed as private detectives or private investigators."
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 4th day of June, 1996.