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Indicates Matter Stricken
Indicates New Matter
AMENDED
March 5, 2002
H. 3328
S. Printed 3/5/02--H.
Read the first time January 24, 2001.
TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INVESTIGATION OF A TRAFFIC COLLISION INVOLVING A LAW ENFORCEMENT OR DEPARTMENT OF PUBLIC SAFETY MOTOR VEHICLE, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY WHICH HAS PRIMARY RESPONSIBILITY FOR AN INVESTIGATION, BUT LACKS EXPERTISE TO CONDUCT A PROPER INVESTIGATION INVOLVING AN EMPLOYEE OF ANOTHER DEPARTMENT OR AGENCY, MAY REQUEST ASSISTANCE FROM ANOTHER AGENCY THAT HAS THE APPROPRIATE EXPERTISE UNDER CERTAIN CIRCUMSTANCES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-765(D) of the 1976 Code, as last amended by Act 425 of 1996, is further amended to read:
"(D) A law enforcement agency that has primary responsibility for an investigation, but lacks expertise to conduct a proper investigation involving an employee of another department or agency, may request assistance from another agency that has the appropriate expertise, as long as the agency or an employee of the agency is not a subject of the investigation. A request made pursuant to this subsection shall result in a joint investigation conducted by both agencies. If a law enforcement agency makes a request for assistance pursuant to this subsection, the agency may not request grant money related to investigations to be conducted purusant to this section.
(E) Any A person wilfully violating the provisions of subsection (C) shall be subject to punishment as provided in Section 8-1-80, even if the person's authority extends beyond a single election or judicial district."
SECTION 2. This act takes effect upon approval by the Governor.
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