A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 17-13-20, RELATING TO CIRCUMSTANCES WHEN CITIZENS MAY ARREST, SO AS TO LIMIT THE CIRCUMSTANCES IN WHICH A CITIZEN MAY ARREST, INCLUDING TAKING THE LIFE OF THE PERSON, TO ARREST A PERSON WHO HAS ENTERED A DWELLING HOUSE WITHOUT EXPRESS OR IMPLIED PERMISSION.

 

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

 

SECTION 1.  Section 17-13-20 of the S.C. 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 has entered a dwelling house without express or implied permission.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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