Current Status Bill Number:808 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950502 Primary Sponsor:Leatherman All Sponsors:Leatherman Drafted Document Number:gjk\21796sd.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Private detectives, surveillance provisions
Body Date Action Description Com Leg Involved
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Senate 19950502 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-17-85 SO AS TO PROVIDE THAT ANY PERSON ENGAGED IN THE PRIVATE DETECTIVE BUSINESS BEFORE UNDERTAKING THE PHYSICAL SURVEILLANCE OF ANOTHER PERSON IN CONNECTION WITH A CASE ON WHICH HE HAS BEEN RETAINED MUST FIRST RECEIVE WRITTEN COURT PERMISSION, AND TO PROVIDE THE PROCEDURES FOR OBTAINING SUCH COURT PERMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-17-85. Any person engaged in the private detective business before undertaking the physical surveillance of another person in connection with a case on which he has been retained must first receive written court permission in the manner provided by this section. If the case involves a family or domestic situation where no criminal conduct is suspected, the permission must be granted by a Family Court Judge after a reasonable showing for the need for the surveillance has been presented to the court. If the case involves a nondomestic matter, or a domestic matter where criminal conduct is suspected, the permission must be granted by a Circuit Court Judge after a reasonable showing for the need for the surveillance has been presented to the court. The court may grant the permission required by this section in the same manner and under the same procedures under which search warrants are granted to law enforcement officials."
SECTION 2. This act takes effect upon approval by the Governor.