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H. 3426
STATUS INFORMATION
General Bill
Sponsors: Rep. Garvin
Document Path: l:\council\bills\bh\7311ahb21.docx
Companion/Similar bill(s): 3489
Introduced in the House on January 12, 2021
Currently residing in the House Committee on Judiciary
Summary: Citizen's arrest
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/9/2020 House Prefiled
12/9/2020 House Referred to Committee on Judiciary
1/12/2021 House Introduced and read first time (House Journal-page 191)
1/12/2021 House Referred to Committee on Judiciary
(House Journal-page 191)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND SECTION 17-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES WHEN CITIZENS MAY ARREST, SO AS TO LIMIT THE CIRCUMSTANCES IN WHICH A CITIZEN MAY ARREST, INCLUDING TAKING THE LIFE OF THE PERSON, TO ARREST OF A PERSON WHO HAS ENTERED A DWELLING HOUSE WITHOUT EXPRESS OR IMPLIED PERMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-13-20 of the 1976 Code is amended to read:
"Section 17-13-20. A citizen may arrest a person in the nighttime by efficient means as the darkness and the probability of escape render necessary, even if the life of the person should be taken, when the person:
(a) has committed a felony;
(b) has entered a dwelling house without express or implied permission;
(c) has broken or is breaking into an outhouse with a view to plunder;
(d) has in his possession stolen property; or
(e) being under circumstances which raise just suspicion of his design to steal or to commit some felony, flees when he is hailed."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on
January 26, 2021 at 10:40 AM