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Bill Number: 2033 Ratification Number: 147 Act Number 107 Introducing Body: House Subject: Authorize law enforcement jurisdictions to enter into a written agreement with one another for the purpose of criminal investigation
(A107, R147, H2033)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-215 SO AS TO AUTHORIZE MULTIPLE LAW ENFORCEMENT JURISDICTIONS TO ENTER INTO A WRITTEN AGREEMENT WITH ONE ANOTHER FOR THE PURPOSE OF CRIMINAL INVESTIGATION ONLY AND TO AUTHORIZE LAW ENFORCEMENT OFFICERS TO HAVE JURISDICTION WITHIN OTHER JURISDICTIONS, TO PROVIDE AN EXCEPTION, AND FOR TERMINATION OF THE CONTRACT.
Be it enacted by the General Assembly of the State of South Carolina:
Law enforcement, operation in multiple jurisdictions
SECTION 1. The 1976 Code is amended by adding:
"Section 23-1-215. (A) In the event of a crime where multiple jurisdictions, either county or municipal, are involved, law enforcement officers are authorized to exercise jurisdiction within other counties or municipalities for the purpose of criminal investigation only if a written agreement between or among the law enforcement agencies involved has been executed. This limitation on law enforcement activity shall not apply to any activity authorized by Section 17-13-40.
(B) Any law enforcement officer working under this agreement is vested with equal authority and jurisdiction outside his resident jurisdiction for the purpose of investigation, arrest, or any other activity related to the criminal activity for which the agreement was drawn.
(C) The agreement authorized in subsection (A) does not affect or reduce the compensation, pension, or retirement rights of any officer and the officers shall continue to be paid by the county or municipality where they are permanently employed. The bond for any officer operating under the agreement shall include coverage for his activity in the municipality or county covered by the agreement in the same manner and to the same extent provided by bonds of regularly employed officers of that municipality or county.
(D) The agreement authorized by this section may be terminated in writing at the discretion of any of the law enforcement agencies involved. The termination must be delivered or mailed to the appropriate agencies with return receipt requested. The agreement shall terminate at the conclusion of the investigation for which it was executed.
(E) The respective governing bodies of the political subdivisions, wherein each of the law enforcement agencies entering into the agreement authorized in subsection (A) is located, must be notified by its agency of the agreement's execution and termination. The notification must be in writing and accomplished within seventy-two hours of the agreement's execution and within seventy-two hours of the agreement's termination.
SECTION 2. This act takes effect upon approval by the Governor.