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4691Ratification Number: 428Act Number: 352Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20000229Primary Sponsor: JenningsAll Sponsors: Jennings, Harrison, Altman and KnottsDrafted Document Number: l:\council\bills\swb\5083som00.docDate Bill Passed both Bodies: 20000601Governor's Action: SDate of Governor's Action: 20000614Subject: Probation agents, to enforce criminal laws; Courts, Probation, Parole, and Pardon, Prisons, Corrections DepartmentHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000628 Act No. A352 ------ 20000614 Signed by Governor ------ 20000608 Ratified R428 Senate 20000601 Read third time, enrolled for ratification Senate 20000531 Read second time, notice of general amendments Senate 20000531 Recalled from Committee 03 SCP Senate 20000523 Introduced, read first time, 03 SCP referred to Committee House 20000519 Read third time, sent to Senate House 20000518 Read second time, unanimous consent for third reading on Friday, 20000519 House 20000518 Request for debate withdrawn by Representative Trotter Davenport Meacham- Richardson House 20000426 Request for debate by Representative Fleming Trotter Cato Knotts Davenport Clyburn Meacham- Richardson House 20000419 Committee report: Favorable 25 HJ House 20000229 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on April 19, 2000 - Word format Revised on May 31, 2000 - Word format
(A352, R428, H4691)
AN ACT TO AMEND SECTION 24-21-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CLARIFY THAT A PROBATION AGENT HAS THE POWER AND AUTHORITY TO ENFORCE THE CRIMINAL LAWS OF THE STATE.
Be it enacted by the General Assembly of the State of South Carolina:
Agent has power to enforce criminal laws
SECTION 1. Section 24-21-280 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 24-21-280. (A) A probation agent must investigate all cases referred to him for investigation by the judges or director and report in writing. He must furnish to each person released on probation, parole, or community supervision under his supervision a written statement of the conditions of probation, parole, or community supervision and must instruct him regarding them. He must keep informed concerning the conduct and condition of each person on probation, parole, or community supervision under his supervision by visiting, requiring reports, and in other ways, and must report in writing as often as the court or director may require. He must use practicable and suitable methods to aid and encourage persons on probation, parole, or community supervision to bring about improvement in their conduct and condition. A probation agent must keep detailed records of his work, make reports in writing, and perform other duties as the director may require.
(B) A probation agent has, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and, to the extent necessary, the same right to execute process given by law to sheriffs. A probation agent has the power and authority to enforce the criminal laws of the State. In the performance of his duties of probation, parole, community supervision, and investigation, he is regarded as the official representative of the court, the department, and the board."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 8th day of June, 2000.
Approved the 14th day of June, 2000.
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