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Indicates New Matter
H. 3026
STATUS INFORMATION
General Bill
Sponsors: Reps. Viers, M.A. Pitts, Mahaffey and Gullick
Document Path: l:\council\bills\agm\18639mm07.doc
Companion/Similar bill(s): 392, 1336, 3027, 3037, 3068, 3141
Introduced in the House on January 9, 2007
Currently residing in the House Committee on Judiciary
Summary: Chief of SLED
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/13/2006 House Prefiled
12/13/2006 House Referred to Committee on Judiciary
1/9/2007 House Introduced and read first time HJ-26
1/9/2007 House Referred to Committee on Judiciary HJ-26
1/30/2007 House Member(s) request name added as sponsor: Gullick
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-80 SO AS TO DIRECT THE CHIEF OF THE STATE LAW ENFORCEMENT DIVISION TO NEGOTIATE A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE AND THE DEPARTMENT OF JUSTICE OR THE DEPARTMENT OF HOMELAND SECURITY CONCERNING THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOMS LAWS IN THE STATE; AND BY ADDING CHAPTER 50 TO TITLE 23 SO AS TO REQUIRE REASONABLE EFFORTS BY LOCAL LAW ENFORCEMENT OFFICIALS TO DETERMINE THE NATIONALITY OF PERSONS CHARGED WITH FELONIES OR DRIVING UNDER THE INFLUENCE OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-80. (A) The chief of the South Carolina Law Enforcement Division is authorized and directed to negotiate the terms of a memorandum of understanding between the State of South Carolina and the United States Department of Justice or Department of Homeland Security concerning the enforcement of federal immigration and customs laws, detention and removals, and investigations in the State.
(B) The memorandum of understanding negotiated pursuant to subsection (A) must be signed on behalf of the State by the chief of the South Carolina Law Enforcement Division and the Governor or as otherwise required by the appropriate federal agency.
(C) The chief of the South Carolina Law Enforcement Division shall designate appropriate law enforcement officers to be trained pursuant to the memorandum of understanding provided for in subsections (A) and (B). This training must be funded pursuant to the federal Homeland Security Appropriation Act of 2006, Public Law 109-90, or a subsequent source of federal funding. The provisions of this subsection become effective upon the securing of this funding.
(D) A law enforcement officer certified as trained in accordance with the memorandum of understanding as provided in this section is authorized to enforce federal immigration and customs laws while performing within the scope of his or her authorized duties."
SECTION 2. Title 23 of the 1976 Code is amended by adding:
Section 23-50-10. (A) When a person charged with a felony or with a driving under the influence offense as provided in Article 23, Chapter 5, Title 56 is confined, for any period, in the local jail or other correctional facility, a reasonable effort must be made to determine the nationality of the person confined.
(B) If the person is a foreign national, the keeper of the jail or other law enforcement officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if lawfully admitted, that the lawful status has not expired. If verification of lawful status cannot be made from documents in the possession of the person, verification must be made within forty-eight hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States, the keeper of the jail or other law enforcement officer shall notify the United States Department of Homeland Security.
(C) Nothing in this section may be construed to deny a person bond or from being released from confinement when the person is otherwise eligible for release.
(D) The South Carolina Sheriffs' Association shall prepare and issue guidelines and procedures used to comply with the provisions of this section."
SECTION 3. This act takes effect upon approval by the Governor.
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