South Carolina General Assembly
123rd Session, 2019-2020

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S. 397

STATUS INFORMATION

General Bill
Sponsors: Senators Harpootlian and Senn
Document Path: l:\s-res\rah\004sher.sp.rah.docx
Companion/Similar bill(s): 3696

Introduced in the Senate on January 22, 2019
Introduced in the House on March 7, 2019
Last Amended on February 28, 2019
Currently residing in the House

Summary: Allows county sheriffs the authority to enforce alcohol violations

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/22/2019  Senate  Introduced and read first time (Senate Journal-page 7)
   1/22/2019  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 7)
   1/23/2019  Senate  Referred to Subcommittee:  Turner (ch), Hutto, Talley, 
                        Cash, Harpootlian
    2/6/2019  Senate  Committee report: Favorable with amendment Judiciary 
                        (Senate Journal-page 39)
   2/13/2019  Senate  Committee Amendment Adopted (Senate Journal-page 18)
   2/28/2019  Senate  Amended (Senate Journal-page 20)
   2/28/2019  Senate  Read second time (Senate Journal-page 20)
   2/28/2019  Senate  Roll call Ayes-39  Nays-1 (Senate Journal-page 20)
    3/5/2019  Senate  Read third time and sent to House 
                        (Senate Journal-page 16)
    3/7/2019  House   Introduced and read first time (House Journal-page 82)
    3/7/2019  House   Referred to Committee on Judiciary 
                        (House Journal-page 82)
    5/8/2019  House   Committee report: Favorable with amendment Judiciary 
                        (House Journal-page 4)

View the latest legislative information at the website

VERSIONS OF THIS BILL

1/22/2019
2/6/2019
2/13/2019
2/28/2019
5/8/2019

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 8, 2019

S. 397

Introduced by Senators Harpootlian and Senn

S. Printed 5/8/19--H.

Read the first time March 7, 2019.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 397) to amend Section 61-6-4510 of the 1976 Code, relating to municipal police officers, to provide that a county sheriff has the same power as a municipal police, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION    1.    Chapter 4, Title 61 of the 1976 Code is amended by adding:

"Section 61-4-280.    (A)    Municipal police officers have the power of constables to enforce the provisions of Sections 61-4-50 through 61-4-160 and Section 61-4-230 in cases arising within the municipal limits; and in addition, have all powers to enforce these provisions as they have to enforce municipal ordinances. When in fresh and continuous pursuit of a suspect for violations of these provisions occurring within the municipal limits, police officers may follow and arrest the suspect anywhere in the State.

(B)    A county sheriff has the power of a constable to enforce the provisions of Sections 61-4-50 through 61-4-160 and Section 61-4-230 in cases arising within the county limits, including within municipal limits; and in addition, have all powers to enforce these provisions as they have to enforce county ordinances. When in fresh and continuous pursuit of a suspect for violations of these provisions occurring within the county limits, police officers may follow and arrest the suspect anywhere in the State."

SECTION    2.    Section 61-6-4510 of the 1976 Code is amended to read:

"Section 61-6-4510.    (A)    Municipal police officers have the power of constables to enforce the provisions of this article, except Section 61-6-4720, in cases arising within the municipal limits; and in addition, have all powers to enforce these provisions as they have to enforce municipal ordinances. When in fresh and continuous pursuit of a suspect for violations of these provisions occurring within the municipal limits, police officers may follow and arrest the suspect anywhere in the State.

    (B)    A county sheriff has the power of a constable to enforce the provisions of this article, except Section 61-6-4720, in cases arising within the county limits, including within municipal limits; and in addition, have all powers to enforce these provisions as they have to enforce county ordinances. When in fresh and continuous pursuit of a suspect for violations of these provisions occurring within the county limits, police officers may follow and arrest the suspect anywhere in the State."

SECTION    3.    This act takes effect upon approval by the Governor.    /

Renumber sections to conform.

Amend title to conform.

PETER M. MCCOY, JR. for Committee.

            

A BILL

TO AMEND SECTION 61-6-4510 OF THE 1976 CODE, RELATING TO MUNICIPAL POLICE OFFICERS, TO PROVIDE THAT A COUNTY SHERIFF HAS THE SAME POWER AS A MUNICIPAL POLICE OFFICER TO ENFORCE THE PROVISIONS OF ARTICLE 13, CHAPTER 6, TITLE 61.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 4, Title 61 of the 1976 Code is amended by adding:

"Section 61-4-280.    (A)    Municipal police officers have the power of constables to enforce the provisions of Sections 61-4-50 through 61-4-160 and Section 61-4-230 in cases arising within the municipal limits; and in addition, have all powers to enforce these provisions as they have to enforce municipal ordinances. When in fresh and continuous pursuit of a suspect for violations of these provisions occurring within the municipal limits, police officers may follow and arrest the suspect anywhere in the State.

(B)    In counties with a population in excess of one hundred thousand residents, according to the latest official United States Decennial Census, a county sheriff has the power of a constable to enforce the provisions of Sections 61-4-50 through 61-4-160 and Section 61-4-230 in cases arising within the county limits, including within municipal limits; and in addition, has all powers to enforce these provisions as he has to enforce county ordinances. When in fresh and continuous pursuit of a suspect for violations of these provisions occurring within the county limits, a county sheriff may follow and arrest the suspect anywhere in the State."

SECTION    2.    Section 61-6-4510 of the 1976 Code is amended to read:

"Section 61-6-4510.    (A)    Municipal police officers have the power of constables to enforce the provisions of this article, except Section 61-6-4720, in cases arising within the municipal limits; and in addition, have all powers to enforce these provisions as they have to enforce municipal ordinances. When in fresh and continuous pursuit of a suspect for violations of these provisions occurring within the municipal limits, police officers may follow and arrest the suspect anywhere in the State.

(B)    In counties with a population in excess of one hundred thousand residents, according to the latest official United States Decennial Census, a county sheriff has the power of a constable to enforce the provisions of this article, except Section 61-6-4720, in cases arising within the county limits, including within municipal limits; and in addition, has all powers to enforce these provisions as he has to enforce county ordinances. When in fresh and continuous pursuit of a suspect for violations of these provisions occurring within the county limits, a county sheriff may follow and arrest the suspect anywhere in the State."

SECTION    3.    This act takes effect upon approval by the Governor.

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This web page was last updated on May 8, 2019 at 8:00 PM