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Current Status Bill Number:View additional legislative information at the LPITS web site.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
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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