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A230, R223, S293
Sponsors: Senators Hayes and Knotts
Document Path: l:\council\bills\swb\6238cm05.doc
Companion/Similar bill(s): 3625
Introduced in the Senate on January 19, 2005
Introduced in the House on March 29, 2005
Last Amended on February 7, 2006
Passed by the General Assembly on February 8, 2006
Governor's Action: February 17, 2006, Signed
Summary: Allow law enforcement officer from neighboring state to pursue criminal in this state
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/19/2005 Senate Introduced and read first time SJ-7 1/19/2005 Senate Referred to Committee on Judiciary SJ-7 3/16/2005 Senate Committee report: Favorable Judiciary SJ-16 3/17/2005 Senate Read second time SJ-8 3/22/2005 Senate Read third time and sent to House SJ-11 3/29/2005 House Introduced and read first time HJ-16 3/29/2005 House Referred to Committee on Judiciary HJ-16 2/1/2006 House Committee report: Favorable with amendment Judiciary HJ-9 2/7/2006 House Amended HJ-25 2/7/2006 House Read second time HJ-26 2/8/2006 House Read third time and returned to Senate with amendments HJ-17 2/8/2006 Senate Concurred in House amendment and enrolled SJ-25 2/15/2006 Ratified R 223 2/17/2006 Signed By Governor 2/22/2006 Copies available 2/22/2006 Effective date 02/17/06 2/27/2006 Act No. 230
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A230, R223, S293)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-47 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER FROM GEORGIA OR NORTH CAROLINA WHO ENTERS SOUTH CAROLINA IN FRESH PURSUIT OF A PERSON HAS THE SAME AUTHORITY TO ARREST THE PERSON WITHIN THIS STATE UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE A PROCEDURE TO DETERMINE THE LAWFULNESS OF THE ARREST, THE RELEASE OF THE PERSON ARRESTED, AND THE EXTRADITION OF THE PERSON ARRESTED.
Be it enacted by the General Assembly of the State of South Carolina:
Arrest of persons by out-of-state law enforcement officers
SECTION 1. Chapter 13, Title 17 of the 1976 Code is amended by adding:
"Section 17-13-47. (A) A law enforcement officer from Georgia or North Carolina who enters this State in fresh pursuit of a person has the same authority to arrest and hold in custody the person within this State as a law enforcement officer of this State has to arrest and hold in custody a person for committing a criminal offense in this State.
(B)(1) When an arrest is made in this State by a law enforcement officer of another state pursuant to subsection (A), the law enforcement officer must, without unnecessary delay, take the person arrested before a judicial official of this State.
(2) The judicial official must conduct a hearing for the limited purpose of determining whether the arrest meets the requirements of this section unless the person arrested executes a written waiver of his right to a hearing under this section. If the judicial official determines that the arrest was unlawful, he must discharge the person arrested. If the judicial official determines that the arrest was lawful, he must commit the person arrested to imprisonment for twenty days as provided in Section 17-9-10. Once the person is imprisoned pursuant to this section, the provisions of Title 17, Chapter 9 govern the extradition and return of the person to the state in which the criminal offense was committed.
(C) For the purpose of this section:
(1) 'law enforcement officer' means an appointed officer or employee who is hired by and regularly on the payroll of a state or any political subdivision, who is granted the statutory authority to enforce all or some of the criminal, traffic, or penal laws of their respective state, and who is granted or possesses with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed; and
(2) 'fresh pursuit' means a pursuit by a law enforcement officer of a person who is in the immediate and continuous flight from the commission of a criminal offense.
(D) The authority granted by this section is limited to criminal offenses of the pursuing state that also are criminal offenses under the laws of this State and that are punishable by death or imprisonment in excess of one year under the laws of the pursuing state.
(E) This section applies only to a law enforcement officer from Georgia or North Carolina if the officer's employing or appointing state has enacted a provision similar to this section relating to the arrest and custody of a person pursued into a neighboring state."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 15th day of February, 2006.
Approved the 17th day of February, 2006.
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