Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 1, 2002
H. 3328
S. Printed 5/1/02--S.
Read the first time March 7, 2002.
To whom was referred a Bill (H. 3328) to amend Section 56-5-765, as amended, Code of Laws of South Carolina, 1976, relating to an investigation of a traffic collision involving a law enforcement, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, beginning on line 28, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. Section 56-5-765(D) of the 1976 Code, as last amended by Act 425 of 1996, is further amended to read:
"(D) Any person wilfully violating the provisions of subsection (C) shall be subject to punishment as provided in Section 8-1-80, even if the person's authority extends beyond a single election or judicial district. A law enforcement agency that has primary responsibility for an investigation involving an employee of another department or agency, but lacks expertise to conduct a proper investigation, may request assistance from another agency that has the appropriate expertise, as long as the assisting agency or an employee of the assisting agency is not a subject of the investigation. A request made pursuant to this subsection shall result in a joint investigation conducted by both agencies.
(E) A person who wilfully violates the provisions of subsection (C) is subject to punishment as provided in Section 8-1-80, even if the person's authority extends beyond a single election or judicial district." /
Renumber sections to conform.
Amend title to conform.
C. BRADLEY HUTTO for Committee.
EXPLANATION OF IMPACT:
The Department of Public Safety states this bill would have no impact on the General Fund of the State as it merely codifies current practice. There would be no fiscal impact on federal and/or other funds.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INVESTIGATION OF A TRAFFIC COLLISION INVOLVING A LAW ENFORCEMENT OR DEPARTMENT OF PUBLIC SAFETY MOTOR VEHICLE, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY WHICH HAS PRIMARY RESPONSIBILITY FOR AN INVESTIGATION, BUT LACKS EXPERTISE TO CONDUCT A PROPER INVESTIGATION INVOLVING AN EMPLOYEE OF ANOTHER DEPARTMENT OR AGENCY, MAY REQUEST ASSISTANCE FROM ANOTHER AGENCY THAT HAS THE APPROPRIATE EXPERTISE UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-765(D) of the 1976 Code, as last amended by Act 425 of 1996, is further amended to read:
"(D) A law enforcement agency that has primary responsibility for an investigation, but lacks expertise to conduct a proper investigation involving an employee of another department or agency, may request assistance from another agency that has the appropriate expertise, as long as the agency or an employee of the agency is not a subject of the investigation. A request made pursuant to this subsection shall result in a joint investigation conducted by both agencies. If a law enforcement agency makes a request for assistance pursuant to this subsection, the agency may not request grant money related to investigations to be conducted pursuant to this section.
(E) Any A person wilfully violating the provisions of subsection (C) shall be subject to punishment as provided in Section 8-1-80, even if the person's authority extends beyond a single election or judicial district."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Thursday, June 25, 2009 at 2:12 P.M.