Current Status Bill Number:739 Ratification Number:404 Act Number:364 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950412 Primary Sponsor:Bryan All Sponsors:Bryan and Giese Drafted Document Number:jic\5768cm.95 Companion Bill Number:4002 Date Bill Passed both Bodies:19960522 Date of Last Amendment:19960425 Governor's Action:S Date of Governor's Action:19960529 Subject:Federal law enforcement officer
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19960613 Act No. A364
------ 19960529 Signed by Governor
------ 19960523 Ratified R404
House 19960522 Read third time, enrolled for
ratification
House 19960521 Read second time
House 19960515 Committee report: Favorable 25 HJ
House 19960430 Introduced, read first time, 25 HJ
referred to Committee
Senate 19960426 Read third time, sent to House
Senate 19960425 Amended, read second time,
unanimous consent for third reading
on Friday, 19960426
Senate 19960424 Committee report: Favorable with 11 SJ
amendment
Senate 19950412 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
(A364, R404, S739)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-212 SO AS TO DEFINE FEDERAL LAW ENFORCEMENT OFFICER, TO PERMIT A FEDERAL LAW ENFORCEMENT OFFICER TO ENFORCE THE STATE'S CRIMINAL LAWS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A FEDERAL LAW ENFORCEMENT OFFICER HAS THE SAME POWERS AS A SOUTH CAROLINA LAW ENFORCEMENT OFFICER, IS NOT AN OFFICER, EMPLOYEE, OR AGENT OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY, MAY NOT CONDUCT AN INDEPENDENT INVESTIGATION INTO A VIOLATION OF STATE LAW, AND IS SUBJECT TO THE FEDERAL TORT CLAIMS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
Enforcement of the state's criminal laws
SECTION 1. The 1976 Code is amended by adding:
"Section 23-1-212. (A) For purposes of this section, `federal law enforcement officer' means the following persons who are employed as full-time law enforcement officers by the federal government and who are authorized to carry firearms while performing their duties:
(1) Federal Bureau of Investigation special agents;
(2) Bureau of Alcohol, Tobacco and Firearms special agents;
(3) Drug Enforcement Administration special agents;
(4) United States Secret Service special agents;
(5) United States Customs Service officers;
(6) United States Postal Service inspectors;
(7) Internal Revenue Service special agents;
(8) United States Marshal's Service marshals and deputy marshals.
(B) A federal law enforcement officer is authorized to enforce criminal laws within the State when:
(1) the federal law enforcement officer is asked by the head of a state or local law enforcement agency or his designee to provide the agency temporary assistance and the request is within the scope of the state or local law enforcement agency's subject matter and territorial jurisdiction;
(2) the federal law enforcement officer is asked by a state or local law enforcement officer to provide him temporary assistance when the state or local law enforcement officer is acting within the scope of his subject matter and territorial jurisdiction; or
(3) a felony or misdemeanor is committed in the federal law enforcement officer's presence or under circumstances indicating a crime has been freshly committed.
(C) A federal law enforcement officer acting pursuant to this section:
(1) has the same powers as a South Carolina law enforcement officer;
(2) is not an officer, employee, or agent of a state or local law enforcement agency;
(3) cannot initiate or conduct an independent investigation into a violation of South Carolina law; and
(4) is subject to the Federal Tort Claims Act."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 29th day of May, 1996.