Bill Text: SC H3428 | 2021-2022 | 124th General Assembly | Introduced


Bill Title: Citizen's arrest

Spectrum: Partisan Bill (Democrat 30-1)

Status: (Introduced) 2021-01-12 - Referred to Committee on Judiciary [H3428 Detail]

Download: South_Carolina-2021-H3428-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; 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    Sections 17-13-10 and 17-13-20 of the 1976 Code are repealed.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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