Bill Text: SC H3021 | 2021-2022 | 124th General Assembly | Introduced


Bill Title: Citizen's arrest

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2021-02-11 - Member(s) request name added as sponsor: Tedder [H3021 Detail]

Download: South_Carolina-2021-H3021-Introduced.html


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; TO AMEND SECTION 40-41-80, RELATING TO HAWKER AND PEDDLER LICENSES, SO AS TO REMOVE PROVISIONS ALLOWING FOR A CITIZENS' ARREST OF AN UNLICENSED HAWKER OR PEDDLER; 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.    (A) 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.

    (B)    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.    Section 40-41-80 of the 1976 Code is amended to read:

    "Section 40-41-80.    Every magistrate and constable and the sheriff and all of his regular deputies shall, and every citizen may, demand and inspect the license of any hawker or peddler in his county who shall come under the notice of any of such persons, and any such officer shall, or such citizen may, arrest or cause to be arrested any hawker or peddler found without a good and valid license and bring such hawker or peddler before the nearest magistrate to be dealt with according to law."

SECTION    3.    Sections 17-13-10 and 17-13-20 of the 1976 Code are repealed.

SECTION    4.    This act takes effect upon approval by the Governor.

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