South Carolina General Assembly
123rd Session, 2019-2020

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Bill 397

Indicates Matter Stricken
Indicates New Matter


(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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