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S. 1210

STATUS INFORMATION

General Bill
Sponsors: Senator McLeod
Document Path: l:\s-res\msm\007citi.kmm.msm.docx
Companion/Similar bill(s): 5492

Introduced in the Senate on May 12, 2020
Currently residing in the Senate Committee on Judiciary

Summary: Citizen's arrest

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   5/12/2020  Senate  Introduced and read first time (Senate Journal-page 14)
   5/12/2020  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 14)

View the latest legislative information at the website

VERSIONS OF THIS BILL

5/12/2020

TO AMEND SECTION 17-13-20 OF THE 1976 CODE, RELATING TO CIRCUMSTANCES IN WHICH A CITIZEN MAY CONDUCT A CITIZEN'S ARREST, TO PROVIDE THAT A CITIZEN MAY ONLY ARREST A PERSON IN THE NIGHTTIME AS NECESSARY IF THE PERSON HAS ENTERED A DWELLING HOUSE WITHOUT EXPRESS OR IMPLIED PERMISSION; AND TO REPEAL SECTION 17-13-10, RELATING TO ADDITIONAL CIRCUMSTANCES IN WHICH A CITIZEN MAY CONDUCT A CITIZEN'S ARREST.

Whereas, the practice of allowing citizen's arrests is an archaic vestige of the common law that dates back to medieval England; and

Whereas, the senseless, brutal murder of Ahmaud Arbery in Brunswick, Georgia demonstrates the tragic consequences of the vigilantism that is encouraged by outdated citizen's arrest laws; and

Whereas, it is time to modernize South Carolina's citizen's arrest laws to prevent the heartbreak that befell Georgia before it happens here. Now, therefore,

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

SECTION    1.    Section 17-13-10 of the 1976 Code, relating to circumstances in which a citizen may conduct a 'citizen's arrest,' is repealed.

SECTION    2.    Section 17-13-20 of the 1976 Code is amended to read:

    "Section 17-13-20.    A citizen may arrest a person in the nighttime by efficient means as the darkness and the probability of escape render necessary, even if the life of the person should be taken, when the person:

        (a)    has committed a felony;

        (b)    has entered a dwelling house without express or implied permission;

        (c)    has broken or is breaking into an outhouse with a view to plunder;

        (d)    has in his possession stolen property; or

        (e)    being under circumstances which raise just suspicion of his design to steal or to commit some felony, flees when he is hailed."

SECTION    3.    This act takes effect upon approval by the Governor.

This web page was last updated on May 13, 2020 at 4:54 PM