H*3175 Session 107 (1987-1988)
H*3175(Rat #0762, Act #0646 of 1988) General Bill, By Wilkins, H. Brown,
H.H. Clyborne, Haskins, Hayes, B.L. Hendricks, J.W. Johnson, D.E. Martin,
D.M. McEachin, J.T. McElveen, E.L. Nettles, Rhoad, J.I. Rogers, J.W. Tucker,
D.C. Waldrop and J.B. Wilder
A Bill to amend Chapter 11 of Title 23, Code of Laws of South Carolina, 1976,
relating to sheriffs, by adding Section 23-11-110 so as to provide
qualifications and training requirements for sheriffs.
05/21/87 House Introduced and read first time HJ-3122
05/21/87 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-3122
01/12/88 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-227
01/13/88 House Objection by Rep. Day, Arthur, Limehouse, G.
Bailey, O. Phillips, Sharpe, HJ-369
01/13/88 House Objection by Rep. Holt & Blanding HJ-369
03/17/88 House Objection withdrawn by Rep. Day HJ-2172
03/30/88 House Special order, set for 03/30/88 follow call of
uncontest calen (Under H 4060)
04/06/88 House Read second time HJ-2520
04/13/88 House Read third time and sent to Senate HJ-2737
04/14/88 Senate Introduced and read first time SJ-177
04/14/88 Senate Referred to Committee on Judiciary SJ-177
05/24/88 Senate Committee report: Favorable with amendment
Judiciary SJ-47
06/01/88 Senate Amended SJ-135
06/01/88 Senate Read second time SJ-135
06/01/88 Senate Ordered to third reading with notice of
amendments SJ-135
06/02/88 Senate Read third time SJ-26
06/02/88 Senate Returned SJ-26
06/02/88 House Concurred in Senate amendment and enrolled HJ-4701
06/02/88 Ratified R 762
06/07/88 Signed By Governor
06/07/88 Act No. 646
06/07/88 See act for exception to or explanation of
effective date
06/21/88 Copies available
(A646, R762, H3175)
AN ACT TO AMEND CHAPTER 11 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO SHERIFFS, BY ADDING SECTION 23-11-110 SO AS TO PROVIDE QUALIFICATIONS
AND TRAINING REQUIREMENTS FOR SHERIFFS.
Be it enacted by the General Assembly of the State of South Carolina:
Qualifications of sheriffs
SECTION 1. Chapter 11 of Title 23 of the 1976 Code is amended by adding:
"Section 23-11-110. (A) All sheriffs in this State must have the
following qualifications:
(1) be a citizen of the United States;
(2) be a resident of the county in which he seeks the office of sheriff for
at least one year immediately preceding the date of the election for sheriff;
(3) be a registered voter;
(4) have attained the age of at least twenty-one years prior to the date of
his qualifying for election to the office;
(5) have obtained a high school diploma, its recognized equivalent in
educational training as established by the State Department of Education, or have
at least five years' experience in the criminal justice field;
(6) have not been convicted of or pled guilty to any violation of Section
56-1-460 or 56-5-2930, or both, within the past ten years or any felony.
(B) Each person offering his candidacy for the office of sheriff shall, within
sixty days prior to or at the time he qualifies:
(1) file with the clerk of court a certified copy of his birth certificate,
a certified copy of his high school diploma or certified proof of its recognized
equivalent in educational training as established by the State Department of
Education, or an affidavit that he has had at least five years' experience in the
criminal justice field;
(2) swear or affirm before the clerk of court that he has met or will meet
by the date of the election all of the qualifications required by this section.
(C) After December 31, 1988, every newly elected sheriff in his first term is
required to complete a training session to be determined by the South Carolina
Criminal Justice Training Council, to be conducted by the South Carolina Criminal
Justice Academy or an academy certified by the South Carolina Training Council
or as may be selected by the South Carolina Sheriffs' Association. This training
must be completed during the first calendar year of the first term of the newly
elected sheriff's term of office. Any newly elected sheriff who is unable to
attend this training course when offered because of emergency or extenuating
circumstances shall, within one year from the date the disability or cause
terminates, complete the standard basic course of instruction required of newly
elected sheriffs. Any newly elected sheriff who does not fulfill the obligations
of this subsection is subject to suspension by the Governor until the sheriff
completes the course of instruction.
(D) (1) After December 31, 1988, no person is eligible to hold the office of
sheriff unless he attends a minimum of twenty hours' training annually as may be
selected by the South Carolina Sheriffs' Association.
(2) The basis for the minimum annual requirement of in-service training is
the calendar year. Sheriffs who satisfactorily complete the basic course of
training in accordance with the provisions of this section after April first in
any calendar year are excused from the minimum annual training requirement for
the calendar year during which the basic course is completed.
(3) A waiver of the requirement of minimum annual in-service training may
be granted by the board of directors of the South Carolina Sheriffs' Association,
at its discretion, upon the presentation of evidence by a sheriff that he was
unable to complete the training due to emergency or extenuating circumstances
considered sufficient by the board.
(4) Any sheriff who fails to complete the minimum annual in-service training
required under this section may be suspended from office, without pay, by the
Governor for a period of ninety days. The Governor may continue to suspend a
sheriff until he completes the annual minimum in-service training required in
this section. The Governor shall appoint, at the time of the sheriff's
suspension, a suitable person to perform as acting sheriff during the period of
suspension.
(E) Any sheriff holding office on the effective date of this section is exempt
from the provisions in this section except for the provisions of subsection (D)
of this section."
Time effective
SECTION 2. This act takes effect when the Constitution is amended to authorize
the provisions of this act. |