South Carolina General Assembly
113th Session, 1999-2000

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Bill 3849


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3849
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990406
Primary Sponsor:                  F. Smith
All Sponsors:                     F. Smith
Drafted Document Number:          l:\council\bills\bbm\9188som99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Sheriff, deputy; may be sued in 
                                  individual capacity for conduct, neglect of 
                                  duty; Law Enforcement


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990406  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 23-13-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESPONSIBILITY OF THE SHERIFF FOR ACTS OF THE DEPUTY, SO AS TO PROVIDE THAT A DEPUTY MAY BE SUED IN HIS INDIVIDUAL CAPACITY FOR CONDUCT OR NEGLECT OF DUTY WHICH VIOLATES CLEARLY ESTABLISHED STATUTORY OR CONSTITUTIONAL RIGHTS.

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

SECTION 1. Section 23-13-10 of the 1976 Code is amended to read:

"Section 23-13-10. The sheriff may appoint one or more deputies to be approved by the judge of the circuit court or any circuit judge presiding therein. Such appointment shall be evidenced by a certificate thereof, signed by the sheriff, and shall continue during his pleasure. The sheriff shall in all cases be answerable for neglect of duty or misconduct in office of any deputy. Provided, however, a deputy may be sued in his individual capacity for conduct or neglect of duty which violates clearly established statutory or constitutional rights."

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

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