Current Status Bill Number:833 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950511 Primary Sponsor:Leatherman All Sponsors:Leatherman Drafted Document Number:gjk\21984sd.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 19950511 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 40-17-86 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, TO PROVIDE THE PROCEDURES FOR OBTAINING SUCH COURT PERMISSION, TO PROVIDE THAT ANY PERSON WHO BELIEVES THEY ARE THE SUBJECT OF A SURVEILLANCE AUTHORIZED BY THIS SECTION MAY PETITION THE COURT WHICH AUTHORIZED THE SURVEILLANCE FOR A HEARING TO DETERMINE THE GROUNDS ON WHICH THE SURVEILLANCE WAS AUTHORIZED AND THE VALIDITY OF CONTINUING THE SURVEILLANCE, AND TO AUTHORIZE THE COURT IN SUCH INSTANCES TO RULE ON WHETHER OR NOT THE SURVEILLANCE SHOULD BE CONTINUED AND TO DISCLOSE UNDER CERTAIN CONDITIONS THE NAME OF THE PARTY REQUESTING THE SURVEILLANCE AND THE GROUNDS ON WHICH IT WAS INITIALLY AUTHORIZED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-17-86. (A) 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.
(B) Any person who believes they are the subject of a surveillance authorized by this section may petition the Circuit Court or the Family Court for a hearing to determine the validity of continuing the surveillance. If the Circuit Court or Family Court granted permission for the surveillance, it may grant the request for a hearing upon notice to all parties. At the hearing the court shall determine whether or not the surveillance should be continued and may in its discretion disclose the name of the party requesting the surveillance and the grounds on which the initial request for the surveillance was based, provided that this disclosure does not violate any attorney-client privilege or any other privilege or provision for confidentially required by law."
SECTION 2. This act takes effect upon approval by the Governor.