South Carolina General Assembly
108th Session, 1989-1990

Bill 237

                    Current Status

Bill Number:               237
Ratification Number:       88
Act Number                 51
Introducing Body:          Senate
Subject:                   Relating to vacancies in the office of
                           sheriff
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A51, R88, S237)

AN ACT TO AMEND SECTION 23-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF SHERIFF, SO AS TO PROVIDE THAT THE CHIEF DEPUTY OR SECOND-IN-COMMAND OF THE SHERIFF'S OFFICE SHALL ACT AS SHERIFF UNTIL THE VACANCY IS FILLED, EXCEPT WHEN A VACANCY OCCURS AS A RESULT OF AN INDICTMENT, AND PROVIDE THAT WHILE ACTING AS SHERIFF, THE CHIEF DEPUTY OR SECOND-IN-COMMAND IS SUBJECT TO THE DUTIES AND LIABILITIES INCIDENT TO THE OFFICE OF SHERIFF; TO AMEND SECTION 23-11-50, RELATING TO THE REQUIREMENT THAT THE CORONER SHALL ACT AS SHERIFF DURING A VACANCY, SO AS TO LIMIT THE VACANCY TO ONE OCCURRING AS A RESULT OF THE INDICTMENT OF THE SHERIFF; AND TO REPEAL SECTIONS 23-11-60, 23-11-70, 23-11-80, 23-11-90, AND 23-11-100 RELATING TO THE RESPONSIBILITIES OF THE COUNTY CORONER AND CLERK WHEN THERE IS A VACANCY IN THE OFFICE OF SHERIFF.

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

Acting sheriff in certain vacancies

SECTION 1. Section 23-11-40 of the 1976 Code, is amended by adding at the end:

"(D) The chief deputy or second-in-command of the sheriff's office shall act as sheriff until the vacancy is filled, except in the case when a vacancy occurs as a result of an indictment, where the vacancy will be filled as provided in Section 23-11-50. While acting as sheriff, the chief deputy or second-in-command is subject to the duties and liabilities incident to the office of sheriff."

Provisions of law repealed

SECTION 2. Sections 23-11-60, 23-11-70, 23-11-80, 23-11-90, and 23-11-100 of the 1976 Code are repealed.

Vacancy defined; coroner to act as sheriff

SECTION 3. Section 23-11-50 of the 1976 Code is amended to read:

"Section 23-11-50. The coroner, during the continuance of any such vacancy occurring as a result of the indictment of the sheriff and until the office is filled by appointment or election, shall assume the office, discharge its duties, incur its liabilities and be entitled to its fees and emoluments. He shall, for such purpose, take charge of the books and papers of the office and occupy the apartment allowed to the sheriff for transacting the business of his office."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.