South Carolina General Assembly
124th Session, 2021-2022

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Indicates New Matter

H. 3428

STATUS INFORMATION

General Bill
Sponsors: Reps. Henderson-Myers, Alexander, Anderson, Bamberg, Brawley, Clyburn, Dillard, Garvin, Gilliard, Govan, Henegan, Hosey, Howard, J. Moore, Jefferson, J.L. Johnson, K.O. Johnson, King, Matthews, McDaniel, Murray, Parks, Pendarvis, Rivers, Robinson, Rutherford, Tedder, Thigpen, Weeks, R. Williams and S. Williams
Document Path: l:\council\bills\bh\7362ahb21.docx
Companion/Similar bill(s): 3021

Introduced in the House on January 12, 2021
Currently residing in the House Committee on Judiciary

Summary: Citizen's arrest

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/9/2020  House   Prefiled
   12/9/2020  House   Referred to Committee on Judiciary
   1/12/2021  House   Introduced and read first time (House Journal-page 192)
   1/12/2021  House   Referred to Committee on Judiciary 
                        (House Journal-page 192)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/9/2020

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 16-17-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF IMPERSONATING A LAW ENFORCEMENT OFFICER, SO AS TO REMOVE THE EXCEPTION FOR A CITIZEN'S ARREST; AND TO REPEAL SECTIONS 17-13-10 AND 17-13-20 BOTH RELATING TO CIRCUMSTANCES IN WHICH A CITIZEN MAY MAKE AN ARREST.

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

SECTION    1.    Section 16-17-720 of the 1976 Code is amended to read:

    "Section 16-17-720. It shall be is unlawful for any person other than a duly authorized law enforcement officer to represent to any person that he is a law enforcement officer and, acting upon such representation, to arrest or detain any person, search any building or automobile or in any way impersonate a law enforcement officer or act in accordance with the authority commonly given to such officers. Nothing in this section shall be construed to prohibit a private citizen from making a citizen's arrest in accordance with the laws of this State.

    Any person violating who violates the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than five hundred dollars or imprisoned for not more than one year."

SECTION    2.    Sections 17-13-10 and 17-13-20 of the 1976 Code are repealed.

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

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This web page was last updated on February 24, 2021 at 5:03 PM