S.C. Code Ann. § 17-3-520 — SC Code / Title 17 / Chapter 3 / Article 5 / Section 17-3-520
SECTION 17-3-520. Circuit public defender; qualifications; responsibilities.
Status: in_force

(A) In order for a person to be eligible to fill the position of circuit public defender, the person must: (1) be at least twenty-five years of age; (2) have been admitted and licensed to practice law in all courts of the State for at least five years; (3) be a member in good standing of the South Carolina Bar, at all times; and (4) be competent to counsel and defend a person charged with a capital felony and be certified at all times to defend capital cases in the State. (B) A circuit public defender is responsible for: (1) administering and coordinating the day-to-day operations of their respective offices, supervising the public defenders and other staff serving in the offices, and actively participating in the representation of clients throughout the judicial circuit; (2) keeping and maintaining appropriate records, which includes: (i) the number of persons represented pursuant to the provisions of this chapter, including cases assigned to other attorneys because of conflicts of interest; (ii) the offenses charged; the outcome of each case; the expenditures made in carrying out the duties imposed by this article; and (iii) other information and data as the commission may from time to time require; (3) establishing a juvenile offender division within the circuit public defender office to specialize in the criminal defense of juveniles; (4) preparing and submitting annually to the executive director of the commission a proposed budget for the provision of circuit-wide indigent defense services, an annual report containing pertinent data on the operation, costs, and needs of the circuit defender office, and other information as the commission or executive director may require; (5) assisting the commission in establishing the state system and establishing the standards, policies, and procedures required pursuant to the applicable provisions of Section 17-3-310; (6) developing and presenting for the commission's approval a circuit plan for the delivery of criminal indigent defense services; (7) establishing processes and procedures consistent with commission standards to ensure that when a case that is assigned to the office presents a conflict of interest for a public defender, the conflict is identified and handled appropriately and ethically; (8) negotiating and entering into contracts, as appropriate and when authorized by the commission, with independent counsel actively practicing within the circuit for the provision of indigent defense services in cases in which a conflict of interest exists in the circuit public defender office and in other criminal cases in the circuit in which indigent defense representation by independent counsel is necessary or advisable; (9) establishing processes and procedures consistent with commission standards to ensure that office and contract personnel use information technology and caseload management systems so that detailed expenditure and caseload data is accurately collected, recorded, and reported; (10) establishing administrative management procedures for circuit and county offices; (11) establishing procedures in conformity with commission standards for managing caseloads and assigning cases in a manner that ensures that public defenders are assigned cases according to experience, training, and manageable caseloads and taking into account case complexity, the severity of the charges, potential punishments, and the legal skills required to provide effective assistance of counsel; (12) establishing policies and procedures consistent with commission standards and Supreme Court Rules for assigning counsel for indigent persons in capital cases; (13) establishing and supervising consistent commission standards, a training and performance evaluation program for attorneys and non-attorney staff members and contractors; (14) establishing procedures consistent with commission standards to handle complaints involving indigent defense performance and to ensure that public defenders, office personnel, contract and appointed attorneys and clients are aware of avenues available for bringing a complaint and that office procedures do not conflict with the rules and disciplinary jurisdiction of the South Carolina Supreme Court; and (15) performance of other duties assigned by the commission.
S.C. Code Ann. § 17-22-910 — SC Code / Title 17 / Chapter 22 / Article 9 / Section 17-22-910
SECTION 17-22-910. Applications for expungement; administration.
Status: repealed

(A) Applications for expungement of all criminal records must be administered by the solicitor's office in each circuit in the State as authorized pursuant to: (1) Section 34-11-90(e), first offense misdemeanor fraudulent check; (2) Section 44-53-450(b), conditional discharge; (3) Section 22-5-910, first offense conviction in magistrates court; (4) Section 22-5-920, youthful offender act; (5) Section 22-5-930, first offense simple possession or possession with intent to distribute drug convictions; (6) Section 56-5-750(F), first offense failure to stop when signaled by a law enforcement vehicle; (7) Section 17-22-150(a), pretrial intervention; (8) Section 17-1-40, criminal records destruction, except as provided in Section 17-22-950; (9) Section 63-19-2050, juvenile expungements; (10) Section 17-22-530(A), alcohol education program; (11) Section 17-22-330(A), traffic education program; (12) Section 17-22-1010, Youth Challenge Academy and Jobs Challenge Program; and (13) any other statutory authorization. (B) A person's eligibility for expungement of an offense contained in this section, or authorized by any other provision of law, must be based on the offense that the person pled guilty to or was convicted of committing and not on an offense for which the person may have been charged. In addition, if an offense for which a person was convicted is subsequently repealed and the elements of the offense are consistent with an existing similar offense which is currently eligible for expungement, a person's eligibility for expungement of an offense must be based on the existing similar offense. (C) The provisions of this section apply retroactively to allow expungement as provided by law for each offense delineated in subsection (A) by persons convicted prior to the enactment of this section or the addition of a specific item contained in subsection (A). Code Commissioner's Note At the direction of the Code Commissioner, the amendments to (A) made by 2018 Act No. 254 and 2018 Act No. 262 were read together and renumbered appropriately. Editor's Note 2018 Act No. 262, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the South Carolina Youth Challenge Academy and South Carolina Jobs Challenge Program Expungement Act." Effect of Amendment 2014 Act No. 276, SECTION 3, in paragraph (2), deleted "for simple possession of marijuana or hashish"; added paragraph (10), relating to Section 17-22-330; and redesignated former paragraph (10) as (11). 2015 Act No. 22, SECTION 1, designated (A); in (A)(8), substituted "63-19-2050" for "20-7-8525"; in (A)(9), substituted "17-22-530(A)" for "17-22-530(a)"; and added (B). 2018 Act No. 254, SECTION 1, in (A), inserted (5), relating to first offense simple possession or possession with intent to distribute drug convictions, and redesignated (5) to (12) as (6) to (13). 2018 Act No. 262, SECTION 3, in (A), in (5), substituted "Section 56-5-750(F)" for "Section 56-5-750(f)", inserted (11), relating to the Youth Challenge Academy and Jobs Challenge Program, and redesignated (11) as (12); in (B), added the second sentence, providing for eligibility for expungement of offenses subsequently repealed when elements of the offense are consistent with an existing similar offense which is subject to expungement; and added (C), providing that expungement provisions apply retroactively to the offenses delineated.
S.C. Code Ann. § 17-1-30 — SC Code / Title 17 / Chapter 1 / Section 17-1-30
SECTION 17-1-30. Rule of strict construction is inapplicable to this title.
Status: in_force

The rule of the common law that statutes in derogation of that law are to be strictly construed has no application to this title.
S.C. Code Ann. § 17-25-390 — SC Code / Title 17 / Chapter 25 / Article 3 / Section 17-25-390
SECTION 17-25-390. Acknowledgment of receipt of notice.
Status: in_force

The receipt of the notice shall be acknowledged in writing by the recipient. The acknowledgment shall be filed by the clerk of the Supreme Court and, in case of service, the return of service shall be filed.
S.C. Code Ann. § 17-3-100 — SC Code / Title 17 / Chapter 3 / Article 1 / Section 17-3-100
SECTION 17-3-100. Discretionary authority of judge to appoint counsel is not limited; remuneration and reimbursement.
Status: in_force

Nothing herein contained is designed to limit the discretionary authority of a judge to appoint counsel in any case and any such counsel shall be entitled to remuneration and reimbursement as provided in SECTIONS 17-3-50 and 17-3-80 hereof, so long as funds appropriated herein are available therefor.
S.C. Code Ann. § 17-5-280 — SC Code / Title 17 / Chapter 5 / Article 5 / Section 17-5-280
SECTION 17-5-280. Records to be kept in office of medical examiner; index; copies; admissibility in evidence.
Status: in_force

The medical examiner's office must keep complete indexed records of all deaths investigated, containing all relevant information concerning the death and the autopsy report, if made. Any prosecuting attorney or law enforcement officer may secure copies of these records or information necessary for the performance of his official duties. Copies of such records or information must be furnished upon request to any party to whom the cause of death is a material issue. Reports of post-mortem examinations, autopsies, copies of records, photographs, laboratory findings, and reports in the office of the county medical examiner when duly attested by the medical examiner or his assistant must be received as evidence in any court or other proceedings for any purpose for which the original could be received without any proof of the official character of the person whose name is signed thereto.
S.C. Code Ann. § 17-17-100 — SC Code / Title 17 / Chapter 17 / Section 17-17-100
SECTION 17-17-100. Transfer of matter for hearing to judge of court in county where prisoner was convicted.
Status: in_force

Any judge before whom a petition for a writ of habeas corpus is made by any person confined by the State Board of Corrections in any of its places of confinement who has been tried and convicted by a court of competent jurisdiction, shall upon issuance of the writ of habeas corpus transfer the matter for hearing to any judge of any court of competent jurisdiction in the county where the person was convicted.
S.C. Code Ann. § 17-28-60 — SC Code / Title 17 / Chapter 28 / Article 1 / Section 17-28-60
SECTION 17-28-60. Costs and expenses; appointment of counsel for indigent applicant.
Status: in_force

If the applicant is unable to pay court costs and expenses of counsel, these costs and expenses shall be made available to the applicant in amounts and to the extent provided pursuant to Section 17-27-60. The applicant must request counsel at the time he files his application. The court must appoint counsel for an indigent applicant after the court has determined that the application is sufficient to proceed to a hearing but prior to the actual hearing. If counsel has been appointed for the applicant in an ongoing post-conviction relief proceeding, then the counsel appointed in the post-conviction relief proceeding shall also serve as counsel for purposes of this article. The performance of counsel pursuant to this article shall not form the basis for relief in any post-conviction relief proceeding.
S.C. Code Ann. § 17-25-322 — SC Code / Title 17 / Chapter 25 / Article 3 / Section 17-25-322
SECTION 17-25-322. Restitution to crime victim by person convicted of crime; hearing; determination of method, manner, and amount; entry of order.
Status: in_force

(A) When a defendant is convicted of a crime which has resulted in pecuniary damages or loss to a victim, the court must hold a hearing to determine the amount of restitution due the victim or victims of the defendant's criminal acts. The restitution hearings must be held unless the defendant in open court agrees to the amount due, and in addition to any other sentence which it may impose, the court shall order the defendant make restitution or compensate the victim for any pecuniary damages. The defendant, the victim or victims, or their representatives or the victim's legal representative as well as the Attorney General and the solicitor have the right to be present and be heard upon the issue of restitution at any of these hearings. (B) In determining the manner, method, or amount of restitution to be ordered, the court may take into consideration the following: (1) the financial resources of the defendant and the victim and the burden that the manner or method of restitution will impose upon the victim or the defendant; (2) the ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court; (3) the anticipated rehabilitative effect on the defendant regarding the manner of restitution or the method of payment; (4) any burden or hardship upon the victim as a direct or indirect result of the defendant's criminal acts; (5) the mental, physical, and financial well-being of the victim. (C) At the restitution hearings, the defendant, the victim, the Attorney General, the solicitor, or other interested party may object to the imposition, amount or distribution of restitution, or the manner or method of them, and the court shall allow all of these objections to be heard and preserved as a matter of record. The court shall enter its order upon the record stating its findings and the underlying facts and circumstances of them. The restitution order shall specify a monthly payment schedule that will result in full payment for both restitution and collection fees by the end of eighty percent of the offender's supervision period. In the absence of a monthly payment schedule, the Department of Probation, Parole, and Pardon Services shall impose a payment schedule of equal monthly payments that will result in full restitution and collections fee being paid by the end of eighty percent of an offender's supervision period. The department, through its agents, must initiate legal process to bring every probationer, whose restitution is six months in arrears, back to court, regardless of wilful failure to pay. The judge shall make an order addressing the probationer's failure to pay. (D) All restitution funds, excluding the twenty percent collection fee, collected before or after the effective date of this section that remain unclaimed by a crime victim for more than eighteen months from the day of last payment received must be transferred to the South Carolina Victim Compensation Fund, notwithstanding the Uniform Unclaimed Property Act of 1981. (E) An offender may not be granted a pardon until the restitution and collection fees required by the restitution order have been paid in full. Code Commissioner's Note Pursuant to 2017 Act No. 96, SECTION 14, the reference to "Victim's Compensation Fund" in (D) was changed to "Victim Compensation Fund". Editor's Note 1996 Act No. 437, SECTION 8, eff January 1, 1997, provides as follows: "Implementation of the changes in law effectuated by this act to Sections 16-3-1110, 16-3-1535, 17-25-322, 17-25-324, and 24-21-490 of the 1976 Code and the requirements thereunder or in any new provisions of law contained herein which would necessitate funding are contingent upon appropriations of sufficient funding by the General Assembly. Nothing herein shall relieve the various agencies and authorities within the offices of the respective clerks of court or judicial, correctional, and parole systems of this State from continuing to meet, enforce, and address those provisions of law related to restitution in effect prior to the enactment hereof."
S.C. Code Ann. § 17-30-15 — SC Code / Title 17 / Chapter 30 / Section 17-30-15
SECTION 17-30-15. Definitions.
Status: in_force

As used in this chapter: (1) "Wire communication" means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception including the use of this connection in a switching station furnished or operated by any person engaged in providing or operating the facilities for the transmission of intrastate, interstate, or foreign communications or communications affecting intrastate, interstate, or foreign commerce. The term includes any electronic storage of the communication. (2) "Oral communication" means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication. (3) "Intercept" means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. (4) "Electronic, mechanical, or other device" means any device or apparatus which can be used to intercept a wire, electronic, or oral communication other than: (a) any telephone or telegraph instrument, equipment, or facility, or any component thereof: (i) furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by the subscriber or user for connection to the facilities of the service and used in the ordinary course of its business; or (ii) being used by a provider of wire or electronic communications service in the ordinary course of its business or by an investigative or law enforcement officer in the ordinary course of his duties; or (b) a hearing aid or similar device being used to correct subnormal hearing to not better than normal. (5) "Person" means an employee or agent of the State of South Carolina or political subdivision of the State, of the United States, or of any other state or political subdivision of the State, and any individual, partnership, association, joint stock company, trust, or corporation. (6) "Investigative or law enforcement officer" means an officer of the State of South Carolina or political subdivision of the State, of the United States, or of any other state or political subdivision of the State, who is empowered by law to conduct on behalf of the government investigations of or to make arrests for offenses enumerated in this chapter or similar federal offenses. (7) "Contents", when used with respect to any wire, oral, or electronic communication, include any information concerning the substance, purport, or meaning of that communication. (8) "Judge of competent jurisdiction" means a circuit court judge designated by the Chief Justice of the Supreme Court of the State of South Carolina. (9) "Reviewing authority" means a panel of three judges of the South Carolina Court of Appeals designated by the Chief Judge of the South Carolina Court of Appeals. (10) "Aggrieved person" means a person who was a party to any intercepted wire, oral, or electronic communication or a person against whom the interception was directed. (11) "Law enforcement agency" means the South Carolina Law Enforcement Division (SLED) or an agency of the United States if the primary responsibility of the agency is the prevention and detection of crime and if its agents and officers are empowered by law to conduct criminal investigations and to make arrests. (12) "Communication common carrier" has the same meaning which is given the term "common carrier" in 47 U.S.C. Section 153(h). (13) "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, photooptical system, or any other device that affects intrastate, interstate, or foreign commerce, but does not include: (a) any wire or oral communication; (b) any communication made through a tone-only paging device; (c) any communication from an electronic or mechanical device which permits the tracking of the movement of a person or an object; or (d) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds. (14) "User" means any person or entity who: (a) uses an electronic communication service; and (b) is duly authorized by the provider of the service to engage in its use. (15) "Electronic communications system" means any wire, radio, electromagnetic, photooptical, or photoelectronic facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of these communications. (16) "Electronic communication service" means any service which provides to users of the service the ability to send or receive wire or electronic communications. (17) "Readily accessible to the general public" means, with respect to a radio communication, that the communication is not: (a) scrambled or encrypted; (b) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of the communication; (c) carried on a subcarrier or other signal subsidiary to a radio transmission; (d) transmitted over a communications system provided by a common carrier, unless the communication is a tone-only paging system communication; or (e) transmitted on frequencies allocated under Part 25; Subpart D, Subpart E, or Subpart F of Part 74; or Part 94 of the Rules of the Federal Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under Part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio. (18) "Electronic storage" means: (a) any temporary intermediate storage of a wire or electronic communication incidental to the electronic transmission of the communication; or (b) any storage of a wire or electronic communication by an electronic communication service for purposes of backup protection of such communication. (19) "Aural transfer" means a transfer containing the human voice at any point between and including the point of origin and the point of reception. (20) "Remote computing service" means the provision to the public of computer storage or processing services by means of an electronic communications system. (21) "Pen register" means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached, but the term does not include any device used by a provider or customer of a wire or electronic communication service for billing or recording as an incident to billing, for communication services provided by the provider, or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business. (22) "Trap and trace device" means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or a device from which a wire or electronic communication was transmitted. (23) "State" means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any other possession or territory of the United States.
S.C. Code Ann. § 17-17-190 — SC Code / Title 17 / Chapter 17 / Section 17-17-190
SECTION 17-17-190. Suspension of habeas corpus by Governor.
Status: in_force

If, during any insurrection, rebellion or any unlawful obstruction of the laws, as set forth in SECTION 25-1-1850, the Governor in his judgment shall deem the public safety to require it, he may suspend the privilege of the writ of habeas corpus in any case throughout the State or any part thereof.
S.C. Code Ann. § 17-7-110 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-110
SECTION 17-7-110. Procedures to be followed by person directed to summon jury; compensation.
Status: in_force

The sheriff, deputy sheriff or magistrates' constable who shall be designated and directed to summon a jury of inquest as provided in SECTION 17-7-100 shall forthwith summon such jury of inquest as directed by the coroner and shall not receive any additional compensation for such services. Any private citizen who shall be appointed and directed by the coroner to summon a jury of inquest shall forthwith summon such jury of inquest as directed and shall receive the sum of one dollar for such services and the voucher for such services must show that such private citizen was appointed according to the provisions of SECTION 17-7-100.
S.C. Code Ann. § 17-5-520 — SC Code / Title 17 / Chapter 5 / Article 7 / Section 17-5-520
SECTION 17-5-520. Authority to order autopsy; request in event of child's death.
Status: in_force

(A) In addition to the powers vested in other law enforcement officials to order an autopsy, the coroner or medical examiner is authorized to determine that an autopsy be made. (B) The coroner or medical examiner immediately shall request an autopsy if a child's death occurs as defined in Section 17-5-540. The autopsy must be performed as soon as possible by a pathologist with forensic training.
S.C. Code Ann. § 17-15-40 — SC Code / Title 17 / Chapter 15 / Section 17-15-40
SECTION 17-15-40. Order of court shall state conditions imposed and other matters; acknowledgment by person released.
Status: in_force

On releasing the person on any of the foregoing conditions, the court shall issue a brief order containing a statement of the conditions imposed, informing the person of the penalties for violation of the conditions of release and stating that a warrant for the person's arrest will be issued immediately upon any such violation. The person released shall acknowledge his understanding of the terms and conditions of his release and the penalties and forfeitures applicable in the event of violation thereof on a form to be prescribed by the Attorney General.
S.C. Code Ann. § 17-7-130 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-130
SECTION 17-7-130. Execution and return of warrant; officer or juror subject to penalty for failure to perform.
Status: in_force

Any constable or sheriff to whom such warrant shall come shall forthwith execute the warrant and repair unto the place at the time therein mentioned and make return of the warrant, with his proceedings thereon, to the coroner that granted it. Every constable or sheriff failing to perform the duty by such warrant required of him or failing to return it as aforesaid shall forfeit and pay the sum of twenty dollars, if without reasonable excuse, to be recovered by action. Each and every person summoned and warned as aforesaid to be a juror and failing to appear and act as such juror shall also forfeit and pay the sum of twenty dollars, if without reasonable excuse, to be recovered by action.
S.C. Code Ann. § 17-22-70 — SC Code / Title 17 / Chapter 22 / Article 1 / Section 17-22-70
SECTION 17-22-70. Information which may be required by solicitor.
Status: in_force

Prior to admittance of an offender into an intervention program, the solicitor or judge, if application is made to the court pursuant to Section 17-22-100, may require the offender to furnish information concerning the offender's past criminal record, education and work record, family history, medical or psychiatric treatment or care received, psychological tests taken and other information which, in the solicitor's or judge's opinion, has bearing on the decision as to whether the offender should be admitted. Solicitor's office records under this section shall adhere to and abide by Federal Confidentiality Regulation 42 CFR Part 2 and any other applicable federal, state, or local regulations.
S.C. Code Ann. § 17-25-400 — SC Code / Title 17 / Chapter 25 / Article 3 / Section 17-25-400
SECTION 17-25-400. Service of notice on prisoner.
Status: in_force

The Commissioner of the prison system or his duly appointed officer shall immediately serve one of the copies of the notice upon the defendant personally.
S.C. Code Ann. § 17-7-650 — SC Code / Title 17 / Chapter 7 / Article 5 / Section 17-7-650
SECTION 17-7-650. Binding over person who killed another by mischance and witnesses.
Status: in_force

If the finding of the inquest be that the deceased came to his death by mischance by the hands of another the coroner shall bind in recognizance, with sufficient surety, the party against whom the verdict has been rendered to appear at the next court of general sessions for the county, that the matter may be then and there inquired into. And the coroner shall also bind over by recognizance, with good surety, all such material witnesses as were examined before the jury of inquest.
S.C. Code Ann. § 17-17-170 — SC Code / Title 17 / Chapter 17 / Section 17-17-170
SECTION 17-17-170. Penalty for officers neglecting their duty.
Status: in_force

Every person whatsoever to whom any power is given, either judicial or ministerial, by this chapter which, by virtue hereof, he is required and commanded to exercise who shall wilfully neglect, refuse or omit to exercise the power when such exercise shall be legally requested and demanded, according to the directions herein, and when the person so requesting and demanding such exercise is legally entitled so to request or demand by the provisions of this chapter, for each such offense shall forfeit the sum of five hundred dollars and shall be thereafter incapable of holding or executing his office.
S.C. Code Ann. § 17-5-60 — SC Code / Title 17 / Chapter 5 / Article 3 / Section 17-5-60
SECTION 17-5-60. Office; book of inquisitions.
Status: in_force

The coroner must keep a public office in his county which must have proper fixtures and in which he must keep his book of inquisitions.
S.C. Code Ann. § 17-25-570 — SC Code / Title 17 / Chapter 25 / Article 5 / Section 17-25-570
SECTION 17-25-570. Action by offender to defeat purpose of article null and void.
Status: in_force

Any action taken by an offender, whether by execution of a power of attorney, creation of corporate entities, or otherwise, to defeat the purpose of this article is null and void as against the public policy of this State.
S.C. Code Ann. § 17-7-15 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-15
SECTION 17-7-15. Return of body after autopsy or medical examination.
Status: in_force

Whenever any county, state or municipal law enforcement agency transports a human body to a medical facility for autopsy or other medical examination to determine the cause of death, the law enforcement agency which ordered such medical examination shall provide for the return transportation of the body to the next of kin of the deceased if they reside within the State. The provisions of this section shall also apply to coroners and solicitors.
S.C. Code Ann. § 17-21-60 — SC Code / Title 17 / Chapter 21 / Section 17-21-60
SECTION 17-21-60. Venue for trial of accessories after the fact.
Status: in_force

Whoever becomes an accessory to a felony after the fact may be indicted, convicted and punished, whether the principal felon has or has not been previously convicted or is or is not amenable to justice, by any court having jurisdiction to try the principal felon and either in the county in which such person became an accessory or in the county in which the principal felony was committed.
S.C. Code Ann. § 17-7-620 — SC Code / Title 17 / Chapter 7 / Article 5 / Section 17-7-620
SECTION 17-7-620. Form of warrant in case of wilful killing.
Status: in_force

Such warrant shall be in this form: "The State of South Carolina, By A B, coroner (or C D, magistrate, acting as coroner) for __________ County: To __________, sheriff of __________ County: "Whereas, by inquisition by me held on (time and place inserted) it was found that (here insert the finding of the jury): These are, therefore, to command you forthwith to apprehend (here insert the name or names of the accused) and bring him (or them) before me to be dealt with according to law. Given under my hand and seal, this ___ day of __________, A. D. __________ A B, coroner, (L. S.), (or C D, magistrate, acting as coroner)."
S.C. Code Ann. § 17-17-180 — SC Code / Title 17 / Chapter 17 / Section 17-17-180
SECTION 17-17-180. Recovery of penalties.
Status: in_force

Such penalties may be recovered by the prisoner or party grieved, his executors and administrators, against such offender, his executors or administrators, by action in any court of competent jurisdiction wherein no protection, privilege, injunction or stay of prosecution shall be admitted or allowed.
S.C. Code Ann. § 17-3-540 — SC Code / Title 17 / Chapter 3 / Article 5 / Section 17-3-540
SECTION 17-3-540. Maintenance and staffing of county public defender offices.
Status: in_force

(A) Subject to the provisions of this section, the circuit public defender in each judicial circuit may maintain offices and employ chief county public defenders, assistant public defenders, investigators, and other staff as necessary to provide adequate and meaningful representation of indigent clients within the counties of the judicial circuit. Personnel employed pursuant to the provisions of this section serve at the pleasure of the circuit public defender and have responsibilities as the circuit public defender directs. (B) These employees are employees of the administering county and entitled to the same fringe benefits as other personnel employed by the administering county. All personnel costs including fringe benefits must be paid by the administering county, but must be reimbursed to the administering county from operational funds provided to the circuit public defender office from county and state appropriated funds.
S.C. Code Ann. § 17-13-80 — SC Code / Title 17 / Chapter 13 / Section 17-13-80
SECTION 17-13-80. Service of process on domestic and foreign corporations.
Status: in_force

Whenever a warrant has been issued against a corporation under the provisions of Section 22-3-750 or an indictment has been returned against it under the provisions of Section 17-19-70, a copy of the warrant or indictment, accompanied in the case of an indictment by a notice to such corporation of the term of the court of general sessions at which such case shall be tried, shall be served upon such corporation in the manner provided by law for the service of process in civil actions. And when there is no agent or officer of the company within the county the service shall be made upon such person as is in charge of the property of the corporation and, if no such person can be found, it shall be served upon the Secretary of State, who shall transmit a copy of the warrant or indictment and notice by mail to the last known residence of the managing officer of the corporation, directed to such officer; provided, that in the case of a foreign corporation if such foreign corporation have no agent or other officer within the county in which the offense, or some part thereof, has been committed then process shall be served on the person appointed by such corporation to receive service of process as now required by law regulating foreign corporations or upon the Director of the Department of Insurance when by law service of process in civil actions may be made upon the Director of the Department of Insurance and such service shall be made in the same manner provided by law for service of summons in civil actions against such corporations.
S.C. Code Ann. § 17-25-135 — SC Code / Title 17 / Chapter 25 / Article 1 / Section 17-25-135
SECTION 17-25-135. Entry of sex offenders on Central Registry of Child Abuse and Neglect upon conviction of certain crimes.
Status: repealed

(A) When a person is convicted of or pleads guilty or nolo contendere to an "Offense Against the Person" as provided for in Title 16, Chapter 3, an "Offense Against Morality or Decency" as provided for in Title 16, Chapter 15, criminal domestic violence, as defined in Section 16-25-20, criminal domestic violence of a high and aggravated nature as defined in Section 16-25-65, or the common law offense of assault and battery of a high and aggravated nature, and the act on which the conviction or the plea of guilty or nolo contendere is based involved sexual or physical abuse of a child, the court shall order that the person's name, any other identifying information, including, but not limited to, the person's date of birth, address, and any other identifying characteristics, and the nature of the act which led to the conviction or plea be placed in the Central Registry of Child Abuse and Neglect established by Subarticle 13, Article 3, Chapter 7, Title 63. The clerk shall forward the information to the Department of Social Services for this purpose in accordance with guidelines adopted by the department. (B) For purposes of this section: (1) "Physical abuse" means inflicting physical injury upon a child or encouraging or facilitating the infliction of physical injury upon a child by any person including, but not limited to, a person responsible for the child's welfare, as defined in Section 63-7-20. (2) "Sexual abuse" means: (a) actual or attempted sexual contact with a child; or (b) permitting, enticing, encouraging, forcing, or otherwise facilitating a child's participation in prostitution or in a live performance or photographic representation of sexual activity or sexually explicit nudity; by any person including, but not limited to, a person responsible for the child's welfare, as defined in Section 63-7-20. Editor's Note 1997 Act No. 132, SECTION 10, provides as follows: "SECTION 10. (A) The data system which constituted the Central Registry of Child Abuse and Neglect prior to the effective date of this statute shall be incorporated into the statewide data systems of the department provided for in Section 20-7-680(A). "(B) Except as provided in subsection (C), information concerning perpetrators listed in the Central Registry of Child Abuse and Neglect prior to the effective date of this act must be placed in the modified Central Registry of Child Abuse and Neglect created by Subarticle 7, Article 7, Chapter 7, Title 20 of the 1976 Code if there has been an affirmative determination that the perpetrator physically or sexually abused the child or wilfully or recklessly neglected the child. "(C) Information concerning all cases indicated before January 1, 1993, shall be placed in the modified Central Registry of Child Abuse and Neglect created by Subarticle 7, Article 7, Chapter 7, Title 20 of the 1976 Code. At such time as the department receives a request for information concerning a perpetrator of child abuse or neglect in a case indicated prior to January 1, 1993, the department must review the records of the case. Information concerning the case may be released to the party requesting the information only if (1) the case was indicated for physical or sexual abuse or wilful or reckless neglect and (2) the department's determination that the perpetrator abused or neglected the child was confirmed by a finding in family court or an administrative fair hearing, or the subject of the report waived the opportunity for a family court determination or for an administrative review. Upon request of a person identified in the record as a perpetrator, the department may review records of cases indicated before January 1, 1993, and may decide whether confirmation or waiver occurred, whether the department should redesignate the person's status, or whether the department should provide a hearing pursuant to Section 20-7-655. "(D) For purposes of this section, 'wilful or reckless neglect' refers to cases of neglect in which criminal charges were filed against the perpetrator. "(E) No other case shall be placed in the modified Central Registry of Child Abuse and Neglect created by Subarticle 7, Article 7, Chapter 7, Title 20 of the 1976 Code unless the requirements of Sections 20-7-650, 20-7-670, or 17-25-510 have been met." 2010 Act No. 273, SECTION 7.C, provides: "Wherever in the 1976 Code of Laws reference is made to the common law offense of assault and battery of a high and aggravated nature, it means assault and battery with intent to kill, as contained in repealed Section 16-3-620, and, except for references in Section 16-1-60 and Section 17-25-45, wherever in the 1976 Code reference is made to assault and battery with intent to kill, it means attempted murder as defined in Section 16-3-29."
S.C. Code Ann. § 17-17-120 — SC Code / Title 17 / Chapter 17 / Section 17-17-120
SECTION 17-17-120. Discharge only after notice given to Attorney General, Circuit Solicitor, or attorney acting for State.
Status: in_force

When it appears from the return of the writ or otherwise that the person is imprisoned on a criminal accusation he shall not be discharged until sufficient notice has been given to the Attorney General or circuit solicitor or other attorney acting for the State, that he may appear and object to such discharge, if he thinks fit.
S.C. Code Ann. § 17-3-10 — SC Code / Title 17 / Chapter 3 / Article 1 / Section 17-3-10
SECTION 17-3-10. Persons entitled to counsel shall be so advised; when counsel shall be provided.
Status: in_force

Any person entitled to counsel under the Constitution of the United States shall be so advised and if it is determined that the person is financially unable to retain counsel then counsel shall be provided upon order of the appropriate judge unless such person voluntarily and intelligently waives his right thereto. The fact that the accused may have previously engaged and partially paid private counsel at his own expense in connection with pending charges shall not preclude a finding that he is financially unable to retain counsel.
S.C. Code Ann. § 17-3-80 — SC Code / Title 17 / Chapter 3 / Article 1 / Section 17-3-80
SECTION 17-3-80. Appropriation for expenses of appointed private counsel and public defenders; restrictions and limitations.
Status: in_force

In addition to the appropriation as provided by law, there is appropriated for the fiscal year commencing July 1, 1969, the sum of fifty thousand dollars for the establishment of the defense fund which must be administered by the Office of Indigent Defense. This fund must be used to reimburse private-appointed counsel, public defenders, and assistant public defenders for necessary expenses, not to exceed two thousand dollars for each case, actually incurred in the representation of persons pursuant to this chapter, so long as the expenses are approved by the trial judge. No reimbursement may be made for travel expenses except extraordinary travel expenses approved by the trial judge. The total state funds provided by this section may not exceed fifty thousand dollars.
S.C. Code Ann. § 17-17-200 — SC Code / Title 17 / Chapter 17 / Section 17-17-200
SECTION 17-17-200. Effect of suspension of writ.
Status: in_force

Whenever the privilege of the writ of habeas corpus shall be suspended, as aforesaid, no military or other officer shall be compelled in answer to any writ of habeas corpus to return the body of any person detained by him by authority of the Governor. But upon certificate under oath of the officer having charge of anyone so detained that such person is detained by him as a prisoner under the authority of the Governor further proceedings under the writ of habeas corpus shall be suspended by the judge or court having issued the writ so long as such suspension by the Governor shall remain in force and the cause for such suspension continue.
S.C. Code Ann. § 17-28-100 — SC Code / Title 17 / Chapter 28 / Article 1 / Section 17-28-100
SECTION 17-28-100. Disclosure and use of test results; motion for new trial.
Status: in_force

(A) The results of the DNA test must be fully disclosed to the court, the applicant, and the solicitor or Attorney General, as applicable. The victim shall be notified of the results of the DNA test pursuant to Article 15, Chapter 3, Title 16. The court shall order the production of any written reports and laboratory reports prepared in connection with the DNA testing, including underlying data and notes. (B) The results of the DNA test may be used by the applicant, solicitor, or Attorney General in any post-conviction proceeding or trial. If the results of the DNA test are exculpatory, the applicant may use the exculpatory results of the DNA test as grounds for filing a motion for new trial pursuant to the South Carolina Rules of Criminal Procedure. If the results of the DNA test are inconclusive, the court may allow for additional DNA testing or may dismiss the application. If the results of the DNA test are inculpatory, the court shall dismiss the application and shall, on motion of the solicitor or Attorney General, as applicable: (1) make a determination whether the applicant's assertion of actual innocence was intentionally false and, as a result, hold the applicant in contempt of court; (2) assess against the applicant the cost of any DNA testing not already paid by the applicant; (3) forward the findings to the South Carolina Department of Corrections, who may use such finding to deny good conduct credit; and (4) forward the findings to the Department of Probation, Parole and Pardon Services, who may use the findings to deny parole. (C) Except as otherwise provided in this article, DNA records, results, and information taken from the applicant are exempt from any law requiring disclosure of information to the public.
S.C. Code Ann. § 17-30-110 — SC Code / Title 17 / Chapter 30 / Section 17-30-110
SECTION 17-30-110. Pretrial motion to suppress; grounds; appeals by State; exclusive remedy.
Status: in_force

(A) Prior to any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority, any aggrieved person may move to suppress the contents of any intercepted wire, oral, or electronic communication, or evidence derived therefrom, on the grounds that the: (1) communication was unlawfully intercepted; (2) order of authorization or approval under which it was intercepted is insufficient on its face; or (3) interception was not made in conformity with the order of authorization or approval. The motion must be made before the trial, hearing, or proceeding unless there was no opportunity to make the motion or the person was not aware of the grounds of the motion. The motion must be made before the reviewing authority and must be decided on an expedited basis. Upon receiving the motion, the reviewing authority must notify the issuing judge who must transfer copies of the contents of all recordings, applications, orders, and other documents relating to the issuance of the order of authorization. Disclosure of the contents of these materials must only be to the extent necessary to effectively render a decision or to the extent authorized by this chapter. The issuing judge also must designate the portions of these materials that were made available to the aggrieved person. After reviewing the materials, the reviewing authority must first determine whether all materials otherwise discoverable under South Carolina law were made available to the aggrieved person. If a majority of the members of the reviewing authority determines that not all of the necessary materials were made available, the reviewing authority may order that those additional portions be made available and allow the aggrieved person appropriate time to review the materials. The aggrieved person may then amend his motion to include any additional grounds derived from the additional materials. If a majority of the members of the reviewing authority determine that all necessary materials were made available, the reviewing authority must decide whether the order of authorization was issued and the communications were intercepted in conformity with the requirements of this chapter. If the reviewing authority does not unanimously determine that the order of authorization was issued and the communications were intercepted in conformity with the requirements of this chapter, the contents of the intercepted wire or oral communication or evidence derived therefrom must be treated as having been obtained in violation of this chapter. Unless otherwise provided by federal law or Rules of Court, all South Carolina Rules of Evidence apply. The reviewing authority may, in its discretion, conduct a hearing and require additional testimony or documentary evidence. All proceedings requiring the use of the contents of any intercepted communication that are the subject of the motion to suppress pursuant to this section are automatically stayed pending the determination of the motion to suppress. (B) The State has the right to appeal an order granting a motion to suppress made under subsection (A). The judges of the South Carolina Court of Appeals en banc have initial appellate jurisdiction over the appeal. All other appellate procedures remain in force and effect. (C) The State has the right to appeal the denial of the application of an order of authorization or approval. The appeal must be directed to the reviewing authority and must be conducted in a manner consistent with subsection (A). In addition to the requirements of subsection (A), the reviewing authority must unanimously determine that the issuing judge abused his discretion in denying an application for an order of approval before the decision of the issuing judge may be overturned. Upon a determination of an abuse of discretion, the reviewing authority must order that the application of authorization or approval be granted and an order of authorization or approval be issued. The State has no further right to appeal the decision of the reviewing authority. For purposes of the aggrieved person, an order granted pursuant to this subsection is considered interlocutory. The appeal must be taken within thirty days after the date the order was entered and must be diligently prosecuted. (D) The remedies and sanctions described in this chapter with respect to the interception of electronic communications are the only judicial remedies and sanctions for violations of those sections involving the communications.
S.C. Code Ann. § 17-19-50 — SC Code / Title 17 / Chapter 19 / Section 17-19-50
SECTION 17-19-50. Averments of instrument of writing, print or figures in indictment.
Status: in_force

In all cases whatsoever in which it shall be necessary to make any averment in any indictment as to any instrument, whether the instrument consists wholly or in part of writing, print or figures, it shall be sufficient to describe such instrument by any name or designation by which it may be usually known or by the purport thereof and in such manner as to sufficiently identify such instrument without setting out any copy or facsimile of the whole or any part thereof.
S.C. Code Ann. § 17-29-10 — SC Code / Title 17 / Chapter 29 / Section 17-29-10
SECTION 17-29-10. Definitions.
Status: in_force

As used in this chapter: (1) The term "pen register" means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached, but this term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by the provider, or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business. (2) The term "trap and trace device" means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.
S.C. Code Ann. § 17-30-25 — SC Code / Title 17 / Chapter 30 / Section 17-30-25
SECTION 17-30-25. Interception and disclosure of information by provider of wire or electronic communications service; exceptions when authorized by law.
Status: in_force

(A) It is lawful under this chapter for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service whose facilities are used in the transmission of a wire or electronic communication to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service, except that a provider of wire communication service to the public must not utilize service observing or random monitoring except for mechanical or service quality control checks. (B) Notwithstanding any other provision of law, a provider of wire, oral, or electronic communication service, or an officer, employee, or agent thereof, or landlord, custodian, or other person may provide information, facilities, or technical assistance to a person authorized by law to intercept wire, oral, or electronic communications if the provider, or an officer, employee, or agent thereof, or landlord, custodian, or other person, has been provided with: (1) a court order directing such assistance signed by the authorizing judge; or (2) a certification in writing by a person specified in Section 17-30-95 that no warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required, setting forth the period of time during which the provision of the information, facilities, or technical assistance is authorized and specifying the information, facilities, or technical assistance required. (C) A provider of wire, oral, or electronic communication service, or an officer, employee, or agent thereof, or landlord, custodian, or other person must not disclose the existence of any interception or the device used to accomplish the interception with respect to which the person has been furnished an order under this chapter, except as may otherwise be required by legal process and then only after prior notice to the Attorney General or his Assistant Attorney General. Any such disclosure renders the person liable for the civil damages provided under Section 17-30-135, and the person may be prosecuted. An action shall not be brought against a provider of wire, oral, or electronic communication service, or an officer, employee, or agent thereof, or landlord, custodian, or other person for providing information, facilities, or assistance in accordance with the terms of a court order under this chapter.
S.C. Code Ann. § 17-7-520 — SC Code / Title 17 / Chapter 7 / Article 3 / Section 17-7-520
SECTION 17-7-520. Order to take up buried body on suspicion of violent death; examination.
Status: in_force

If the coroner shall know or be informed of the interment of a body of a person supposed to have come to a violent death he shall proceed to empanel a jury, as is directed in Article 1 of this chapter, and order such body to be taken up and shall conduct his examination into the cause and manner of the death as though such body had not been buried.
S.C. Code Ann. § 17-19-60 — SC Code / Title 17 / Chapter 19 / Section 17-19-60
SECTION 17-19-60. Indictments for perjury.
Status: in_force

In any indictment for perjury it shall not be necessary to set forth more than the substance of the oath and the fact concerning which the perjury is alleged to have been committed.
S.C. Code Ann. § 17-13-150 — SC Code / Title 17 / Chapter 13 / Section 17-13-150
SECTION 17-13-150. Person served search warrant shall be furnished copy of warrant and supporting affidavit.
Status: in_force

When any person is served with a search warrant, such person shall be furnished with a copy of the warrant along with the affidavit upon which such warrant was issued.
S.C. Code Ann. § 17-15-30 — SC Code / Title 17 / Chapter 15 / Section 17-15-30
SECTION 17-15-30. Matters to be considered in determining conditions of release; contempt.
Status: in_force

(A) In determining conditions of release that will reasonably assure appearance, or if release would constitute an unreasonable danger to the community or an individual, a court may, on the basis of the following information, consider the nature and circumstances of an offense charged and the charged person's: (1) family ties; (2) employment; (3) financial resources; (4) character and mental condition; (5) length of residence in the community; (6) record of convictions; and (7) record of flight to avoid prosecution or failure to appear at other court proceedings. (B) A court must consider: (1) a person's criminal record; (2) any current charges pending against a person and any prior charges against a person at the time release is requested; (3) all incident reports generated as a result of an offense charged; (4) whether a person is an alien unlawfully present in the United States, and poses a substantial flight risk due to this status; (5) whether the charged person appears in the state gang database maintained at the State Law Enforcement Division; and (6) whether a person is currently out on bond for another offense. (C)(1) Prior to or at the time of a hearing, the arresting law enforcement agency must provide the court with the following information: (a) a person's criminal record; (b) any charges pending against a person at the time release is requested; (c) all incident reports generated as a result of the offense charged; and (d) any other information that will assist the court in determining conditions of release to include, but not be limited to, notification of any existing bonds for another offense. (2) The arresting law enforcement agency shall inform the court if any of the information is not available at the time of the hearing and the reason the information is not available. Failure on the part of the law enforcement agency to provide the court with the information does not constitute grounds for the postponement or delay of the person's hearing. Notwithstanding the provisions of this item, when a person is charged with a violation of Chapter 25, Title 16, the bond hearing may not proceed without the person's criminal record and incident report or the presence of the arresting officer. The bond hearing for a violation of Chapter 25, Title 16 must occur within twenty-four hours after the arrest. (D) A court hearing these matters has contempt powers to enforce the provisions of this section. Effect of Amendment 2014 Act No. 144, SECTION 2, substituted "person" for "accused" throughout; in subsection (A), substituted "the following information" for "available information"; in subsection (B), deleted ", if available" following "shall consider"; added subsection (B)(5), relating to the state gang database; in subsection (C)(1), deleted ", if available" following "following information"; and made other nonsubstantive changes. 2015 Act No. 58, SECTION 10, in (A), inserted "or an individual"; and in (C)(2), added the last two sentences relating to Chapter 25, Title 16. 2023 Act No. 83, SECTION 3, in (B), substituted "must consider" for "shall consider", in (2), substituted "current charges pending against a person and any prior charges against a person" for "charges pending against a person", and added (6); in (C)(1), substituted "must provide" for "shall provide", and in (d), added "to include, but not be limited to, notification of any existing bonds for another offense"; and made nonsubstantive changes.
S.C. Code Ann. § 17-5-70 — SC Code / Title 17 / Chapter 5 / Article 3 / Section 17-5-70
SECTION 17-5-70. Coroner's deputies, appointment and duties.
Status: in_force

A county coroner shall appoint one or more deputies or investigators to be approved by the judge of the circuit or by any circuit judge presiding therein, who must take and subscribe the oath prescribed by the constitution before entering upon the duties of appointment as a deputy coroner. The oath may be administered by any officer authorized to administer oaths in the county. The appointment must be evidenced by a certificate thereof, signed by the coroner, and continue at the coroner's pleasure. The coroner may take a bond and surety from his deputy as he considers necessary to secure the faithful discharge of the duties of the appointment, but the coroner must always be answerable for the neglect of duty or misconduct in office of his deputy coroner. When duly qualified, as herein required, the deputy coroner may do and perform any or all of the duties appertaining to the office of the coroner.
S.C. Code Ann. § 17-22-170 — SC Code / Title 17 / Chapter 22 / Article 1 / Section 17-22-170
SECTION 17-22-170. Unlawful retention or release of information regarding participation in intervention program; penalty.
Status: in_force

Any municipal, county, or state entity or any individual who unlawfully retains or releases information on an offender's participation in a pretrial intervention program is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding two thousand dollars or by imprisonment not to exceed one year. The provisions of this section do not apply to circuit solicitors or their staff in the performance of their official duties.
S.C. Code Ann. § 17-28-20 — SC Code / Title 17 / Chapter 28 / Article 1 / Section 17-28-20
SECTION 17-28-20. Definitions.
Status: in_force

For purposes of this article: (1) "Biological material" means any blood, tissue, hair, saliva, bone, or semen from which DNA marker groupings may be obtained. This includes material catalogued separately on slides, swabs, or test tubes or present on other evidence including, but not limited to, clothing, ligatures, bedding, other household material, drinking cups, or cigarettes. (2) "Custodian of evidence" means an agency or political subdivision of the State including, but not limited to, a law enforcement agency, a solicitor's office, the Attorney General's Office, a county clerk of court, or a state grand jury that possesses and is responsible for the control of evidence during a criminal investigation or proceeding, or a person ordered by a court to take custody of evidence during a criminal investigation or proceeding. (3) "DNA" means deoxyribonucleic acid. (4) "DNA profile" means the results of any testing performed on a DNA sample. (5) "DNA record" means the tissue or saliva samples and the results of the testing performed on the samples. (6) "DNA sample" means the tissue, saliva, blood, or any other bodily fluid taken at the time of arrest from which identifiable information can be obtained. (7) "Incarceration" means serving a term of confinement in the custody of the South Carolina Department of Corrections or the South Carolina Department of Juvenile Justice and does not include a person on probation, parole, or under a community supervision program. (8) "Law enforcement agency" means a lawfully established federal, state, or local public agency that is responsible for the prevention and detection of crime and the enforcement of penal, traffic, regulatory, game, immigration, postal, customs, or controlled substances laws. (9) "Physical evidence" means an object, thing, or substance that is or is about to be produced or used or has been produced or used in a criminal proceeding related to an offense enumerated in Section 17-28-30, and that is in the possession of a custodian of evidence.
S.C. Code Ann. § 17-24-10 — SC Code / Title 17 / Chapter 24 / Section 17-24-10
SECTION 17-24-10. Affirmative defense.
Status: in_force

(A) It is an affirmative defense to a prosecution for a crime that, at the time of the commission of the act constituting the offense, the defendant, as a result of mental disease or defect, lacked the capacity to distinguish moral or legal right from moral or legal wrong or to recognize the particular act charged as morally or legally wrong. (B) The defendant has the burden of proving the defense of insanity by a preponderance of the evidence. (C) Evidence of a mental disease or defect that is manifested only by repeated criminal or other antisocial conduct is not sufficient to establish the defense of insanity.
S.C. Code Ann. § 17-29-50 — SC Code / Title 17 / Chapter 29 / Section 17-29-50
SECTION 17-29-50. Rights and duties of provider of wire or electronic communication service, landlord.
Status: in_force

(A) Upon the request of the attorney or an officer of a law enforcement agency authorized to install and use a pen register under this chapter, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if the assistance is directed by a court order as provided in Section 17-29-40. (B) Upon the request of the attorney or an officer of a law enforcement agency authorized to receive the results of a trap and trace device under this chapter, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install or cause to be installed the device forthwith on the appropriate line and shall furnish the law enforcement officer all additional information, facilities, and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if the installation and assistance is directed by a court order as provided in Section 17-29-40. Unless otherwise ordered by the court, the results of the trap and trace device must be furnished to the officer of a law enforcement agency, designated in the court order, at reasonable intervals during regular business hours for the duration of the order. (C) A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section must be reasonably compensated for those reasonable expenses incurred in providing the facilities and assistance. (D) No cause of action lies in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under this chapter. (E) A good faith reliance on a court order issued under this chapter is a complete defense against any civil or criminal action brought under this chapter or any other provision of law.
S.C. Code Ann. § 17-9-50 — SC Code / Title 17 / Chapter 9 / Section 17-9-50
SECTION 17-9-50. Taking testimony in hearings on extradition; report and recommendations to Governor.
Status: in_force

The Governor of this State may, when a hearing is demanded upon any extradition for a fugitive in this State for an offense committed within any other state, appoint the Attorney General to take or cause to be taken by any person in his office the testimony offered at such hearing and report the testimony to the Governor with his recommendations thereon. Such recommendations shall not be binding upon the Governor. It shall not be necessary for the party so designated to hold such hearing to be commissioned or give bond, but the only requirement necessary is that he shall take an oath that he will fairly and impartially conduct the hearing and report the testimony and his recommendations, and when the Attorney General acts personally in such capacity no oath shall be required.
S.C. Code Ann. § 17-7-25 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-25
SECTION 17-7-25. Autopsy on unidentified body; preservation of DNA samples.
Status: in_force

A coroner performing an autopsy on an unidentified body must obtain tissue and fluid samples suitable for DNA identification, typing, and testing. The samples must be transmitted to the State Law Enforcement Division. Editor's Note 2008 Act No. 413, SECTION 3.A provides as follows: "This SECTION may be referred to and cited as the 'Unidentified Human Remains DNA Database Act'." 2008 Act No. 413, SECTION 7 provides as follows: "The provisions of Section 17-28-350 become effective upon the signature of the Governor. All other provisions become effective January 1, 2009. The enactment of these provisions prior to the effective date indicates the intent of the General Assembly that statewide laws or practices shall exist to ensure additional procedures for post-conviction DNA testing, and proper preservation of biological evidence connected to murder, rape, and nonnegligent homicide in order that application for available federal funds shall be made by the appropriate agencies and considered by the appropriate federal agencies prior to the effective date."
S.C. Code Ann. § 17-22-950 — SC Code / Title 17 / Chapter 22 / Article 9 / Section 17-22-950
SECTION 17-22-950. Summary court expungement orders; removal of Internet-based public records; objections; forms.
Status: in_force

(A) If criminal charges are brought in a summary court, the accused person is found not guilty or the charges are dismissed or nolle prossed, and the accused person was fingerprinted for the charges, the summary court, at no cost to the accused person, immediately shall issue an order to expunge the criminal records, including any associated bench warrants, of the accused person unless the dismissal of the charges occurs at a preliminary hearing or the accused person has charges pending in summary court and a court of general sessions and the charges arise out of the same course of events. Upon issuance of the order, the summary court shall obtain and verify the presence of all necessary signatures and provide copies of the completed expungement order to all governmental agencies which must receive the order, including, but not limited to, the arresting law enforcement agency; the detention facility or jail; the solicitor's office; the clerk of court, but only in cases in which the charges were appealed to the circuit court or remanded to the summary court from general sessions court; the summary court where the arrest or bench warrants originated; the summary court that was involved in any way in the criminal process of the charges or bench warrants; and SLED. (B) If criminal charges are brought in a summary court, the accused person is found not guilty or the charges are dismissed or nolle prossed, and the person was not fingerprinted for the charges, the accused person may apply to the summary court, at no cost to the accused person, for an order to expunge the criminal records, including any associated bench warrants, of the accused person unless the dismissal of the charges occurs at a preliminary hearing or the accused person has charges pending in summary court and a court of general sessions and the charges arise out of the same course of events. Upon application, and after verification that the charges are appropriate for expungement, the summary court shall issue an order to expunge the criminal records, obtain and verify all necessary signatures, and provide copies of the completed expungement order to the arresting law enforcement agency and all summary courts that were involved in the criminal process of the charges. The summary court is not required to provide copies of the completed expungement order to SLED. (C) An expungement pursuant to this section must occur no sooner than the appeal expiration date and no later than thirty days after the appeal expiration date. (D) A summary court shall provide a copy of a completed expungement order issued pursuant to this section to the applicant or the applicant's counsel of record. The copy must be certified or marked with the court's raised seal. (E) Criminal charges must be removed pursuant to this section from all Internet-based public records no later than thirty days from the disposition date, regardless of whether the accused person applies to the summary court for expungement pursuant to subsection (B). All other criminal records must be destroyed or retained pursuant to the provisions of Section 17-1-40. (F) A prosecution or law enforcement agency may file an objection to a summary court expungement. If an objection is filed, the expungement must be heard by the judge of a general sessions court. The prosecution's or law enforcement agency's reason for objecting must be that the accused person has other charges pending or the charges are not eligible for expungement. The prosecution or law enforcement agency shall notify the accused person of the objection. The notice must be given in writing at the most current address on file with the summary court, or through the accused person's attorney, no later than thirty days after the accused person is found not guilty or the accused person's charges are dismissed or nolle prossed. (G) The Office of Court Administration shall provide uniform application forms to be used for expungements pursuant to this section. Editor's Note 2016 Act No. 132, SECTION 6, provides as follows: "SECTION 6. This act takes effect ninety days after approval by the Governor. This act applies retroactively to allow for the expungement of offenses charged, discharged, dismissed, or nolle prossed prior to the effective date of this act, and persons convicted or found not guilty prior to the effective date of this act." Effect of Amendment 2014 Act No. 276, SECTION 5, in subsection (A)(1), inserted the paragraph designator (1) and redesignated the subparagraphs accordingly, inserted ", including any associated bench warrants," in the first sentence, inserted "Except as provided in item (2)," in the second sentence, and in the third sentence, inserted "or bench" and "or bench warrant", and added paragraph (2); and in subsection (B), substituted "(A)(1)(b)" for "(A)(2)". 2016 Act No. 132, SECTION 3, rewrote the section.
S.C. Code Ann. § 17-5-541 — SC Code / Title 17 / Chapter 5 / Article 7 / Section 17-5-541
SECTION 17-5-541. Local Child Fatality Review Teams; composition; notifications.
Status: in_force

(A) For the purposes of this section, "a person responsible for a child's welfare" has the same meaning as in Section 63-7-20(16). (B) The coroner of each county, within a timeframe not exceeding seven working days, shall schedule a local Child Fatality Review Team to perform a review of a case where a child under the age of eighteen dies in the county he serves. The team may be composed of: (1) the county coroner or his designee; (2) a local law enforcement officer; (3) an agent from the State Law Enforcement Division's Department of Child Fatalities assigned to the case; (4) a board certified child abuse pediatrician; (5) a representative from the local county department of social services; and (6) a forensic pathologist. (C) In addition to the mandatory notification requirement in Section 17-5-540, the coroner shall immediately notify the local county department of social services and request any involvement of the agency, excluding any economic services, in the life of the child, a sibling, or a person responsible for a child's welfare that resulted in a referred, indicated, or unfounded case. (D) The local county department of social services, within twenty-four hours or one working day, whichever comes first, must provide the coroner and the State Law Enforcement Division's Department of Child Fatalities information related to any involvement of the agency, excluding any economic services, in the life of the child, a sibling, or a person responsible for a child's welfare that resulted in a referred, indicated, or unfounded case.
S.C. Code Ann. § 17-5-560 — SC Code / Title 17 / Chapter 5 / Article 7 / Section 17-5-560
SECTION 17-5-560. Certification of cause of death on death certificate.
Status: in_force

(A) The coroner, deputy coroner, medical examiner, or deputy medical examiner must, in any case investigated, complete and sign the medical certification portion of the death certificate within twenty-four hours after being notified of the death. (B) The coroner or medical examiner must, at the time of releasing a body to a funeral director or person acting as a funeral director, or as soon as practical after releasing the body, execute and sign the medical certification of the cause of death on the prescribed form. (C) In any case where autopsy is scheduled and the coroner or medical examiner wishes to await its gross findings to confirm a tentative clinical finding, the coroner or medical examiner must give the funeral director notice as to when he expects to have the medical data necessary for the certification of cause of death. If the certificate cannot be signed within the prescribed time set forth, the coroner or medical examiner must indicate that the cause of death is pending and sign the certification accordingly. Immediately after the medical data necessary for determining the cause of death has been made known, the coroner or medical examiner must, over his signature, forward the cause of death to the registrar and notify the funeral director involved that this action has been taken. (D) As used in this section, the terms "sign", " signed", or "signature" mean a written signature or an electronic signature authorized in the Electronic Commerce Act, Chapter 5, Title 26.
S.C. Code Ann. § 17-22-340 — SC Code / Title 17 / Chapter 22 / Article 3 / Section 17-22-340
SECTION 17-22-340. Office of Traffic Education Program Coordinator.
Status: in_force

Each circuit solicitor may establish an Office of Traffic Education Program Coordinator whose responsibility is to assist in the establishment and maintenance of the traffic education program.
S.C. Code Ann. § 17-17-20 — SC Code / Title 17 / Chapter 17 / Section 17-17-20
SECTION 17-17-20. Forfeiture of entitlement in certain cases.
Status: in_force

If any person shall have wilfully neglected by the space of two whole terms after his imprisonment to pray a habeas corpus for his enlargement such person, so wilfully neglecting, shall not have any habeas corpus to be granted in vacation time in pursuance of this chapter.
S.C. Code Ann. § 17-13-140 — SC Code / Title 17 / Chapter 13 / Section 17-13-140
SECTION 17-13-140. Issuance, execution and return of search warrants for property connected with the commission of crime; inventory of property seized.
Status: in_force

Any magistrate or recorder or city judge having the powers of magistrates, or any judge of any court of record of the State having jurisdiction over the area where the property sought is located, may issue a search warrant to search for and seize (1) stolen or embezzled property; (2) property, the possession of which is unlawful; (3) property which is being used or has been used in the commission of a criminal offense or is possessed with the intent to be used as the means for committing a criminal offense or is concealed to prevent a criminal offense from being discovered; (4) property constituting evidence of crime or tending to show that a particular person committed a criminal offense; (5) any narcotic drugs, barbiturates, amphetamines or other drugs restricted to sale, possession, or use on prescription only, which are manufactured, possessed, controlled, sold, prescribed, administered, dispensed or compounded in violation of any of the laws of this State or of the United States. Narcotics, barbiturates or other drugs seized hereunder shall be disposed of as provided by SECTION 44-53-520. The property described in this section, or any part thereof, may be seized from any place where such property may be located, or from the person, possession or control of any person who shall be found to have such property in his possession or under his control. A warrant issued hereunder shall be issued only upon affidavit sworn to before the magistrate, municipal judicial officer, or judge of a court of record establishing the grounds for the warrant. If the magistrate, municipal judge, or other judicial officer abovementioned is satisfied that the grounds for the application exist or that there is probable cause to believe that they exist, he shall issue a warrant identifying the property and naming or describing the person or place to be searched. In the case of a warrant issued by a magistrate or a judge of a court of record, it shall be directed to any peace officer having jurisdiction in the county where issued, including members of the South Carolina Law Enforcement Division, and shall be returnable to the issuing magistrate. In case of a warrant issued by a judge of a court of record, it shall be returnable to a magistrate having jurisdiction of the area where the property is located or the person to be searched is found. If any warrant is issued by any municipal judicial officer to municipal police officers, the return shall be made to the issuing municipal judicial officer. Any warrant issued shall command the officer to whom it is directed to forthwith search the person or place named for the property specified. Any warrant issued hereunder shall be executed and return made only within ten days after it is dated. The officer executing the warrant shall make and deliver a signed inventory of any articles seized by virtue of the warrant, which shall be delivered to the judicial officer to whom the return is to be made, and if a copy of the inventory is demanded by the person from whose person or premises the property is taken, a copy of the inventory shall be delivered to him. This section is not intended to and does not either modify or limit any statute or other law regulating search, seizure, and the issuance and execution of search warrants in circumstances for which special provision is made.
S.C. Code Ann. § 17-25-350 — SC Code / Title 17 / Chapter 25 / Article 3 / Section 17-25-350
SECTION 17-25-350. Schedule for payment of fine by indigent; consequences of failure to comply.
Status: in_force

In any offense carrying a fine or imprisonment, the judge or magistrate hearing the case shall, upon a decision of guilty of the accused being determined and it being established that he is indigent at that time, set up a reasonable payment schedule for the payment of such fine, taking into consideration the income, dependents and necessities of life of the individual. Such payments shall be made to the magistrate or clerk of court as the case may be until such fine is paid in full. Failure to comply with the payment schedule shall constitute contempt of court; however, imprisonment for contempt may not exceed the amount of time of the original sentence, and where part of the fine has been paid the imprisonment cannot exceed the remaining pro rata portion of the sentence. No person found to be indigent shall be imprisoned because of inability to pay the fine in full at the time of conviction. Entitlement to free counsel shall not be determinative as to defendant's indigency.
S.C. Code Ann. § 17-22-510 — SC Code / Title 17 / Chapter 22 / Article 5 / Section 17-22-510
SECTION 17-22-510. Prosecutorial discretion of Circuit Solicitor to establish alcohol education program; administration.
Status: in_force

(A) Each circuit solicitor has the prosecutorial discretion as defined in this chapter and shall as a matter of prosecutorial discretion establish an alcohol education program in the respective circuits for persons who commit certain alcohol-related offenses. (B) The circuit solicitors are specifically endowed with and retain all discretionary powers pursuant to the common law. (C) An alcohol education program must be under the direct supervision and control of the circuit solicitor; however, the solicitor may contract for education and supervision services. (D) The South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for the alcohol education programs. The commission shall consult with the Office of Substance Use Services before the approval of these administrative procedures. (E) An alcohol education program must include an educational and community service component. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 17-17-50 — SC Code / Title 17 / Chapter 17 / Section 17-17-50
SECTION 17-17-50. Persons to whom writ shall be directed.
Status: in_force

Such writ shall be directed to the officer in whose custody the party so committed or detained shall be and shall be returned immediately before the judge issuing it.
S.C. Code Ann. § 17-7-30 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-30
SECTION 17-7-30. Findings on preliminary examination and filing of evidence.
Status: in_force

The evidence and the finding of the officer on such preliminary examination shall be filed in the clerk's office of the county, the finding to be that deceased came to death (a) from natural cause, (b) at his own hand, (c) from an act of God or (d) from mischance, without blame on the part of another person.
S.C. Code Ann. § 17-30-135 — SC Code / Title 17 / Chapter 30 / Section 17-30-135
SECTION 17-30-135. Civil action for wrongful interceptions.
Status: in_force

(A) Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this chapter has a civil cause of action against any person or entity who intercepts, discloses, or uses, or procures any other person or entity to intercept, disclose, or use the communications and is entitled to recover from the person or entity which engaged in that violation relief as may be appropriate, including: (1) preliminary or equitable or declaratory relief as may be appropriate; (2) actual damages, but not less than liquidated damages computed at the rate of five hundred dollars a day for each day of violation or twenty-five thousand dollars, whichever is greater, not to exceed the limits on liability provided in subsection (F)(3); (3) punitive damages, except as may be prohibited in subsection (F)(4); and (4) a reasonable attorney's fee and other litigation costs reasonably incurred. (B) A good faith reliance on a court order, subpoena, or a request of an agent of the South Carolina Law Enforcement Division under Section 17-30-95 constitutes a complete defense to any civil, criminal, or administrative action, other than an action for preliminary or equitable or declaratory relief. (C) A civil action under this section may not be commenced later than five years after the date upon which the claimant first has a reasonable opportunity to discover the violation, except as provided in subsection (F)(2). (D) Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this chapter is entitled to a jury trial. (E) An investigative or law enforcement officer or governmental entity who wilfully discloses or wilfully uses information beyond the extent permitted by law is in violation of this chapter and subject to a civil cause of action and criminal penalties as provided in this chapter. (F)(1) Any civil cause of action for damages authorized in subsection (A) and brought against the State, an agency, a political subdivision, or a governmental entity and its employee acting within the scope of his official duty must be brought pursuant to the South Carolina Tort Claims Act, Chapter 78, Title 15. For purposes of the Tort Claims Act, an action authorized in subsection (A) and brought against the State, an agency, a political subdivision, or a governmental entity and its employee acting within the scope of his official duty is a tort within the meaning of the Act. (2) In any action authorized in subsection (A) and brought against the State, an agency, a political subdivision, or a governmental entity and its employee acting within the scope of his official duty, the provisions in the Tort Claims Act regarding the statute of limitations provided in Section 15-78-110 shall apply in lieu of subsection (C) of this section. (3) In any action authorized in subsection (A) and brought against the State, an agency, a political subdivision, or a governmental entity and its employee acting within the scope of his official duty, the provisions in the Tort Claims Act regarding the limits on liability for damages as provided in Section 15-78-120(a) shall apply to all awards of damages under item (2) of subsection (A) of this section. (4) In any action authorized in subsection (A) and brought against the State, an agency, a political subdivision, or a governmental entity and its employee acting within the scope of his official duty, the provisions in the Tort Claims Act prohibiting the award of punitive damages as provided in Section 15-78-120(B) shall apply in lieu of item (3) of subsection (A) of this section. (5) For purposes of this subsection, the terms "State", "agency", "political subdivision", "governmental entity", "employee", and "scope of his official duty" have the same meanings as provided in the Tort Claims Act.
S.C. Code Ann. § 17-27-30 — SC Code / Title 17 / Chapter 27 / Section 17-27-30
SECTION 17-27-30. Jurisdiction of court.
Status: in_force

The court in which, by the Constitution and statutes of this State, original jurisdiction in habeas corpus is vested, may entertain in accordance with its rules a proceeding under this chapter in the exercise of its original jurisdiction and in that event this chapter, to the extent applicable, governs the proceeding.
S.C. Code Ann. § 17-7-630 — SC Code / Title 17 / Chapter 7 / Article 5 / Section 17-7-630
SECTION 17-7-630. Commitment of person named in warrant in case of wilful killing.
Status: in_force

Upon the return of such warrant and the arrest of the person or persons named therein the coroner shall proceed to commit him or them by warrant, in the following form: "To the sheriff or jailer of __________ County: You are hereby commanded and required to receive and keep in close confinement in the jail of your county (here insert the name or names of the person or persons) charged before me by the finding of a jury of inquest held on the ___ day of __________, at __________, with (here insert the finding) until he (or they) shall be delivered by due course of law. Herein fail not. Given under my hand and seal, this ___ day of __________, A. D. __________ A B, coroner, (L. S.), (or C D, magistrate, acting as coroner)."
S.C. Code Ann. § 17-5-110 — SC Code / Title 17 / Chapter 5 / Article 3 / Section 17-5-110
SECTION 17-5-110. Coroner or deputy coroner may carry pistol or other handgun.
Status: in_force

A coroner or deputy coroner, while engaged in official duties of his office, is authorized to carry a pistol or other handgun. He is considered so engaged when going to or returning from the actual performance of his duties. However, coroners and deputy coroners must be certified and trained by the South Carolina Law Enforcement Division in the proper use of handguns.
S.C. Code Ann. § 17-11-50 — SC Code / Title 17 / Chapter 11 / Article IX / Section 17-11-50
SECTION 17-11-50. Application of Habitual Offenders Law not required.
Status: in_force

Nothing in this chapter or in the Agreement on Detainers shall be construed to require the application of the Habitual Offenders Law to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of such agreement.
S.C. Code Ann. § 17-13-45 — SC Code / Title 17 / Chapter 13 / Section 17-13-45
SECTION 17-13-45. Response to distress calls or requests for assistance in adjacent jurisdictions; extension of rights, privileges and immunities.
Status: in_force

When a law enforcement officer responds to a distress call or a request for assistance in an adjacent jurisdiction, the authority, rights, privileges, and immunities, including coverage under the workers' compensation laws, and tort liability coverage obtained pursuant to the provisions of Chapter 78, Title 15, that are applicable to an officer within the jurisdiction in which he is employed are extended to and include the adjacent jurisdiction.
S.C. Code Ann. § 17-3-570 — SC Code / Title 17 / Chapter 3 / Article 5 / Section 17-3-570
SECTION 17-3-570. Administration of personnel.
Status: in_force

(A) All public defenders and other personnel employed by a county public defender corporation on a full-time or a part-time basis are considered employees of the circuit public defenders office in the judicial circuit in which they serve. No employee currently employed pursuant to the provisions of this section may be terminated, except for cause for a period of one year from the effective date of employment by the circuit public defender office. No employee salaries and benefits, including accrued leave, may be less than that which the employee is earning as of the effective date of employment by the circuit public defender office. (B) Each circuit public defender is authorized to employ administrative, clerical, and paraprofessional personnel as may be authorized by the commission based on funds appropriated by the General Assembly or otherwise available provided, however, that each circuit public defender is authorized not less than two positions as provided in this section. In authorizing administrative, clerical, and paraprofessional personnel, the commission shall consider the caseload, present staff, and resources available to each circuit public defender and shall make authorizations as will contribute to the efficiency of individual circuit public defenders in providing effective criminal defense for indigent defendants. (C) All personnel employed by the circuit public defenders pursuant to this article shall be employees of the administering county and shall be compensated based on the unclassified service schedule of the South Carolina Merit System of Personnel Administration. (D) Personnel employed by the circuit public defenders pursuant to this article shall have the authority, duties, powers, and responsibilities as are authorized by law or as assigned by the circuit public defender and shall serve at the pleasure of the circuit public defender. (E) The circuit public defender shall fix the compensation of each state-paid employee appointed pursuant to this article in accordance with the class to which the person is appointed and the appropriate step of the salary schedule. All salary advancements must be based on quality of work, training, and performance. A reduction in salary must be made in accordance with the salary schedule for the position and the policies, rules, or regulations adopted by the commission.
S.C. Code Ann. § 17-3-110 — SC Code / Title 17 / Chapter 3 / Article 1 / Section 17-3-110
SECTION 17-3-110. Power of Supreme Court to establish rules and regulations.
Status: in_force

The Supreme Court of South Carolina is hereby empowered to establish such rules and regulations as are necessary for the proper administration of this chapter.
S.C. Code Ann. § 17-11-80 — SC Code / Title 17 / Chapter 11 / Article IX / Section 17-11-80
SECTION 17-11-80. Copies of chapter shall be transmitted to Governors and certain other officials.
Status: in_force

Copies of this chapter shall, upon its approval, be transmitted to the Governor of each state, the Attorney General and the Administrator of General Services of the United States, and the Councils of State Governments.
S.C. Code Ann. § 17-22-550 — SC Code / Title 17 / Chapter 22 / Article 5 / Section 17-22-550
SECTION 17-22-550. Fees; waiver.
Status: in_force

A person shall pay a two-hundred-fifty-dollar fee to enroll in an alcohol education program. All fees must be deposited into a special circuit solicitor's fund for operation of the alcohol education program. In cases when the solicitor contracts with education and supervision providers, the person also may be subject to additional fees payable to the provider of these services. However, participation in an alcohol education program may not be denied due to a person's inability to pay these fees. If a person is deemed unable to pay, the fees for enrollment, education, and supervision services may be waived or reduced at the discretion of each solicitor.
S.C. Code Ann. § 17-25-324 — SC Code / Title 17 / Chapter 25 / Article 3 / Section 17-25-324
SECTION 17-25-324. Restitution to secondary victims and third-party payees; reports.
Status: in_force

(A) Secondary victims and third-party payees, excluding the offender's insurer, may receive restitution as determined by the court. The Department of Probation, Parole and Pardon Services shall ensure that a primary victim receives his portion of a restitution order before any of the offender's payments are credited to a secondary victim or a third party payee, or both. (B) The department shall report to the Governor's Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee by the first day of the 1997 Legislative Session detailed recommendations for collection and distribution of restitution and issues relating to indigent offenders and use of civil remedies. Editor's Note 1996 Act No. 437, SECTION 8, eff January 1, 1997, provides as follows: "Implementation of the changes in law effectuated by this act to Sections 16-3-1110, 16-3-1535, 17-25-322, 17-25-324, and 24-21-490 of the 1976 Code and the requirements thereunder or in any new provisions of law contained herein which would necessitate funding are contingent upon appropriations of sufficient funding by the General Assembly. Nothing herein shall relieve the various agencies and authorities within the offices of the respective clerks of court or judicial, correctional, and parole systems of this State from continuing to meet, enforce, and address those provisions of law related to restitution in effect prior to the enactment hereof."
S.C. Code Ann. § 17-7-120 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-120
SECTION 17-7-120. Form of warrant to summon jury.
Status: in_force

The warrant to summon a jury shall be in this form: "The State of South Carolina, To the sheriff (or to any constable or constables, as the case may be), of __________ County, greeting: These are to require you, immediately on receipt and sight hereof, to summon and warn, verbally or otherwise, fourteen men of said county to be and appear before me, the coroner of said county, at __________ within said county, between the hours of ___ and ___ o'clock on the ___ day of __________, then and there to inquire, upon the view of a body of a certain person there lying dead, how he came to his death. Fail not herein, as you will answer the contrary at your peril. Given under my hand and seal, at __________, this ___ day of ___, A. D. __________, by me. A. B. [L. S.] Coroner for __________ County."
S.C. Code Ann. § 17-3-340 — SC Code / Title 17 / Chapter 3 / Article 3 / Section 17-3-340
SECTION 17-3-340. Duties of commission.
Status: in_force

(A) All members of the commission shall at all times act in the best interest of indigent defendants who are receiving legal representation pursuant to the provisions of this chapter. (B) All members of the commission are entitled to vote on all matters before the commission unless otherwise provided by law or by rules adopted by the commission concerning conflicts of interest. (C) Each member of the commission shall serve until a successor has been appointed. Removal of commission members is for cause and must be in accordance with policies and procedures adopted by the commission. (D) Unless otherwise provided in this article, a quorum is a majority of the members of the commission who are currently serving in office, and decisions of the commission are determined by majority vote of the members present, except that a majority of the entire commission must approve the appointment or removal of a circuit public defender or the executive director for cause. (E) The commission shall meet at least quarterly and at other times and places as it deems necessary or convenient for the performance of its duties and shall keep and maintain minutes of all commission meetings. (F) The commission shall elect such officers, other than the chairperson, from the members of the commission as it deems necessary and shall adopt rules for the transaction of its business as it desires. Elected officers shall serve for a term of one year and may be removed without cause by a vote of two-thirds of the members of the entire commission and for cause by a majority vote of the entire commission. The chairperson shall retain a vote on all matters except those in which the chairperson has a conflict of interest. (G) The members of the commission shall receive no compensation for their services but will be reimbursed for their actual expenses incurred in the performance of their duties as members of the commission. Expenses incurred by the commission must be paid from the general operating budget of the commission. (H) The commission shall approve the development and improvement of programs which provide legal representation to indigent persons and juveniles accused of violations of criminal law. (I) The commission shall approve and implement programs, services, rules, policies, procedures, regulations, and standards as may be necessary or advisable to fulfill the purposes and provisions of this article in the delivery of indigent services. This includes, but is not limited to, standards for: (1) maintaining and operating circuit public defender offices, including requirements regarding qualifications, training, and size of the legal and support staff of the offices and access to data and records, including business records, in each circuit public defender office; (2) prescribing minimum experience, training, and other qualifications for appointed counsel where a conflict of interest arises between the public defender and an indigent person; (3) public defender and appointed counsel caseloads; (4) the qualifications, employment, and compensation of public defenders and other circuit public defender office personnel, based on job description, education, training, and experience; (5) the performance of public defenders and appointed counsel representing indigent persons; (6) procedures for prescribing qualifications and performance of independent counsel representing indigent persons in both trial and appellate courts, whether by contract or court appointment; (7) providing and compensating experts, investigators, and other persons who provide services necessary for the effective representation of indigent persons; (8) determining indigence and for assessing and collecting the costs of legal representation and related services; (9) compensation of attorneys appointed to represent indigent persons pursuant to this chapter; (10) removing a circuit public defender for cause; (11) a uniform definition of a "case" for purposes of determining caseload statistics; and (12) accepting contractual indigent defense representation.
S.C. Code Ann. § 17-27-100 — SC Code / Title 17 / Chapter 27 / Section 17-27-100
SECTION 17-27-100. Appeals.
Status: in_force

A final judgment entered under this chapter may be reviewed by a writ of certiorari as provided by the South Carolina Appellate Court Rules.
S.C. Code Ann. § 17-24-20 — SC Code / Title 17 / Chapter 24 / Section 17-24-20
SECTION 17-24-20. Guilty but mentally ill; general requirements for verdict.
Status: in_force

(A) A defendant is guilty but mentally ill if, at the time of the commission of the act constituting the offense, he had the capacity to distinguish right from wrong or to recognize his act as being wrong as defined in Section 17-24-10(A), but because of mental disease or defect he lacked sufficient capacity to conform his conduct to the requirements of the law. (B) To return a verdict of "guilty but mentally ill" the burden of proof is upon the State to prove beyond a reasonable doubt to the trier of fact that the defendant committed the crime, and the burden of proof is upon the defendant to prove by a preponderance of evidence that when he committed the crime he was mentally ill as defined in subsection (A). (C) The verdict of guilty but mentally ill may be rendered only during the phase of a trial which determines guilt or innocence and is not a form of verdict which may be rendered in the penalty phase. (D) A court may not accept a plea of guilty but mentally ill unless, after a hearing, the court makes a finding upon the record that the defendant proved by a preponderance of the evidence that when he committed the crime he was mentally ill as provided in Section 17-24-20(A).
S.C. Code Ann. § 17-7-640 — SC Code / Title 17 / Chapter 7 / Article 5 / Section 17-7-640
SECTION 17-7-640. Sheriff and jailers are required to keep persons committed.
Status: in_force

All sheriffs and jailers are required to receive and keep securely all persons so committed by the coroner.
S.C. Code Ann. § 17-5-535 — SC Code / Title 17 / Chapter 5 / Article 7 / Section 17-5-535
SECTION 17-5-535. Persons authorized to view photographs or videos of autopsy; training use exception; penalty.
Status: in_force

(A) Photographs, videos, or other visual images and audio recordings of or related to the performance of an autopsy shall only be viewed by or disseminated to: (1) the coroner or the medical examiner, or both, and their staff; (2) members of law enforcement agencies, for official use only; (3) parents of the deceased, surviving spouse, children, guardian, personal representative next of kin, and any other person given permission or authorization to view or possess the visual images by the personal representative of the deceased's estate; (4) those involved in a judicial or administrative proceeding related to the death of the subject of the photograph, video, other visual image or audio recordings including, but not limited to: (a) parties to a civil suit arising from, related to, or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings, and the attorneys for the parties and the staff of the attorneys; (b) a person charged with a crime arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings, and the person's attorney and the staff of the attorney; (c) staff of the prosecutor's office considering or prosecuting criminal charges arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings; (d) lay and expert witnesses conferred with, consulted or retained by a party or an attorney considering or involved in a legal or administrative proceeding arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings; (e) judges and administrative hearing officers, as well as their staff, involved in a judicial or administrative proceeding arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings; and (f) members of any jury, including grand juries, petit juries and coroner's juries, empanelled to hear or decide any issue arising from, related to or relevant to the death or autopsy of the subject of the photograph, video, other visual image or audio recordings; (5) physicians and other persons consulted by or supervising the physicians or persons who were involved in the performance of the autopsy of the subject of the photograph, video, other visual images, or audio recordings; and (6) a person who receives such photographs, videos, or other visual images pursuant to a validly issued court order, after notice and opportunity to object are provided to the personal representative of the deceased's estate. These photographs and videos must be released and disseminated only as authorized by this section. (B) Notwithstanding the provisions contained in subsection (A), a photograph, video, other visual image of an autopsy, or an audio recording of an autopsy, or a combination of each of these items, after all information immediately identifying the decedent has been redacted and after making facial recognition anonymous to the extent reasonably possible if lawfully obtained or possessed may be used for: (1) legitimate medical scientific teaching or training purposes; (2) legitimate teaching or training of law enforcement personnel; (3) teaching or training of attorneys or other individuals with a professional need to use or understand forensic science or public health; (4) conferring with medical or scientific experts in the field of forensic science or public health; or (5) publication in a scientific or medical or legal journal or textbook. (C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five thousand dollars nor more than fifty thousand dollars. Each violation under this section must be considered a separate offense.
S.C. Code Ann. § 17-21-30 — SC Code / Title 17 / Chapter 21 / Section 17-21-30
SECTION 17-21-30. Venue where perpetrator of homicide and victim are in different states.
Status: in_force

When any person within the limits of this State shall inflict an injury on any person who at the time the injury is inflicted is beyond the limits of this State or when any person beyond the limits of this State shall inflict an injury on any person at the time within the limits of this State and such injury shall cause the death of the person injured, in either case the person causing such death shall be subject to be indicted, tried and punished in the first case in the county of this State where the person inflicting the injury was at the time when the injury was inflicted and, in the second case, in the county in which it was received. The procedure and punishment shall be in all respects the same as if both parties were within such county at the time the injury was inflicted and the homicide had been in all respects completed in such county.
S.C. Code Ann. § 17-27-45 — SC Code / Title 17 / Chapter 27 / Section 17-27-45
SECTION 17-27-45. Filing procedures for post-conviction relief applications.
Status: in_force

(A) An application for relief filed pursuant to this chapter must be filed within one year after the entry of a judgment of conviction or within one year after the sending of the remittitur to the lower court from an appeal or the filing of the final decision upon an appeal, whichever is later. (B) When a court whose decisions are binding upon the Supreme Court of this State or the Supreme Court of this State holds that the Constitution of the United States or the Constitution of South Carolina, or both, impose upon state criminal proceedings a substantive standard not previously recognized or a right not in existence at the time of the state court trial, and if the standard or right is intended to be applied retroactively, an application under this chapter may be filed not later than one year after the date on which the standard or right was determined to exist. (C) If the applicant contends that there is evidence of material facts not previously presented and heard that requires vacation of the conviction or sentence, the application must be filed under this chapter within one year after the date of actual discovery of the facts by the applicant or after the date when the facts could have been ascertained by the exercise of reasonable diligence.
S.C. Code Ann. § 17-15-20 — SC Code / Title 17 / Chapter 15 / Section 17-15-20
SECTION 17-15-20. Conditions of appearance recognizance or appearance bond; discharge, validity, relief of surety.
Status: repealed

(A) An appearance recognizance or appearance bond must be conditioned on the person charged personally appearing before the court specified to answer the charge or indictment and to do and receive what is enjoined by the court, and not to leave the State, and be of good behavior toward all the citizens of the State, or especially toward a person or persons specified by the court. (B) Unless a bench warrant is issued, an appearance recognizance or an appearance bond is discharged upon adjudication, a finding of guilt, a deferred disposition, or as otherwise provided by law. An appearance bond is valid for a period of three years from the date the bond is executed for a charge triable in circuit court and eighteen months from the date the bond is executed for a charge triable in magistrates or municipal court. In order for the surety to be relieved of liability on the appearance bond when the time period has run, the surety must provide sixty days written notice to the solicitor, when appropriate, and the respective clerk of court, chief magistrate, or municipal court judge with jurisdiction over the offense of the surety's intent to assert that the person is no longer subject to a valid appearance bond. If the appropriate court determines the person has substantially complied with his court obligations and the solicitor does not object within the required sixty days by demanding a hearing, the court shall order the appearance bond converted to a personal recognizance bond and the surety relieved of liability. Editor's Note 2012 Act No. 286, SECTIONS 4, 5, provide as follows: "SECTION 4. The provisions of Section 1 of Act 115 of 2012 which amended Section 17-15-20 of the 1976 Code and allow sureties to be relieved of an appearance bond under certain designated circumstances are retroactive and apply to all existing and future appearance bonds. "SECTION 5. Except as provided in SECTION 4, the repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws."
S.C. Code Ann. § 17-7-140 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-140
SECTION 17-7-140. Number of jurors and oath.
Status: in_force

Of the jurors summoned and appearing the coroner shall swear six and administer to the foreman, appointed by him, an oath in the form following: "You shall inquire and true presentment make on behalf of the State of South Carolina in what manner A B, here lying dead, came to his death and you shall deliver a true verdict thereon, according to such evidence as shall be given and according to your knowledge. So help you, God." To the others he shall administer an oath in this form: "The oath which your foreman has taken on his part, you shall well and truly observe and keep on your part. So help you, God."
S.C. Code Ann. § 17-30-65 — SC Code / Title 17 / Chapter 30 / Section 17-30-65
SECTION 17-30-65. Admissibility of contents of, or evidence derived from, intercepted communications; contents as public record.
Status: in_force

(A) Whenever any wire, oral, or electronic communication has been intercepted, no part of the contents of the communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the State, or a political subdivision thereof, if the disclosure of that information would be in violation of this chapter. The prohibition of use as evidence provided in this section does not apply in cases of prosecution for criminal interception in violation of the provisions of this chapter. (B) The contents of any wire, oral, or electronic communication intercepted pursuant to this chapter and the contents of any application for an order and an order of authorization issued pursuant to this chapter are not included in the definition of a public record contained in Section 30-4-20(c), and may only be disclosed in a manner provided by this chapter.
S.C. Code Ann. § 17-28-330 — SC Code / Title 17 / Chapter 28 / Article 3 / Section 17-28-330
SECTION 17-28-330. Registration as custodian of evidence.
Status: in_force

(A) After a person is convicted or adjudicated for at least one of the offenses enumerated in Section 17-28-320, a custodian of evidence shall register with the South Carolina Department of Corrections or the South Carolina Department of Juvenile Justice, as applicable, as a custodian of evidence for physical evidence or biological material related to the person's conviction or adjudication. (B) The South Carolina Department of Corrections or the South Carolina Department of Juvenile Justice, as applicable, shall notify a custodian of evidence registered pursuant to subsection (A) if the person is released from incarceration, dies while incarcerated, or is executed for the offense enumerated in Section 17-28-320.
S.C. Code Ann. § 17-17-80 — SC Code / Title 17 / Chapter 17 / Section 17-17-80
SECTION 17-17-80. Time within which prisoners must be brought before court.
Status: in_force

If the place of imprisonment of the person be beyond the distance of twenty miles from the place where such court is held and not above one hundred miles he shall be brought before the court or the person before whom the writ is returnable within the space of ten days and if beyond the distance of one hundred miles then within the space of twenty days after the delivery of such writ and not longer.
S.C. Code Ann. § 17-5-510 — SC Code / Title 17 / Chapter 5 / Article 7 / Section 17-5-510
SECTION 17-5-510. Duties of coroner and medical examiner.
Status: in_force

In counties which have both a coroner and a medical examiner: (1) the coroner has the ultimate responsibility for carrying out the duties required by this article; (2) the medical examiner's duties must be specified in an annual written contract between the county governing body and the medical examiner. Effect of Amendment 2023 Act No. 66, SECTION 3, reenacted the section with no apparent change.
S.C. Code Ann. § 17-5-220 — SC Code / Title 17 / Chapter 5 / Article 5 / Section 17-5-220
SECTION 17-5-220. Establishment and functions of medical examiner commissions in certain counties.
Status: in_force

A county with a population of 100,000 or more, according to the last official United States census, may establish by appropriate implementing resolution a commission to be known as the medical examiner commission of that county, composed of five members, one of whom must be the chief administrative officer of the county health department who is a permanent member, and four of whom must be appointed by the Governor upon recommendation of the county legislative delegation. The initial terms of the appointive members are as follows: one member for a term of one year, one member for a term of two years, one member for a term of three years, and one member for a term of four years. After the initial terms, all members serve for terms of four years. The effective date of appointments is July first with terms expiring on June thirtieth. The members must serve without compensation. The length of the terms of those who serve first must be determined by lot at the first meeting of the commission. The commission must meet as soon as practicable after appointment and must organize itself by electing one of its members as chairman and other officers as may be considered necessary. After this first meeting, the commission must meet at least every six months and more often as its duties require, upon the call of the chairman or a majority of its members. The commission is authorized to adopt and promulgate regulations as it may consider necessary.
S.C. Code Ann. § 17-7-150 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-150
SECTION 17-7-150. Coroner shall charge jury.
Status: in_force

The jury so sworn shall be charged by the coroner to declare, upon oath, whether the deceased came to his death: (1) By mischance and accident or by felony; (2) If by felony, whether by his own or another's; (3) If by mischance, whether by the act of God or of man; (4) If by another's felony, who were principals and who accessories, who threatened him of life, or murder, and with what instrument he was struck or wounded; and (5) If by mischance or accident, by the act of God or man, whether by hurt, fall, stroke, drowning or otherwise. And he shall also charge them to inquire of the persons that were present at the finding of the body whether he was killed in the same place or elsewhere and, if elsewhere, by whom or how he was there brought and of all other circumstances.
S.C. Code Ann. § 17-25-370 — SC Code / Title 17 / Chapter 25 / Article 3 / Section 17-25-370
SECTION 17-25-370. Execution of death sentence upon affirmance of judgment or dismissal or abandonment of appeal.
Status: in_force

In all criminal cases in which the sentence of death is imposed and which are appealed to the Supreme Court or in which notice of intention to appeal is given, when the judgment below has been affirmed or the appeal dismissed or abandoned, the clerk of the Supreme Court, when the remittitur is sent down or the appeal is dismissed or abandoned, shall notify the Commissioner of the prison system or his duly appointed officer in charge of the State Penitentiary of the final disposition of such appeal and, on the fourth Friday after the receipt of such notice the sentence appealed from shall be duly carried out as provided by law in such cases, unless stayed by order of the Supreme Court or respite or commutation of the Governor.
S.C. Code Ann. § 17-25-340 — SC Code / Title 17 / Chapter 25 / Article 3 / Section 17-25-340
SECTION 17-25-340. When offender may be committed to jail; privilege of insolvent debtors.
Status: in_force

If the sheriff or his deputy return on oath that such offender refused to pay or has not any property or not sufficient whereon to levy, then a writ of capias ad satisfaciendum shall issue whereby he shall be committed to the common jail, until the forfeiture, costs and charges shall be satisfied. Such offender shall be entitled, however, to the privilege of insolvent debtors.
S.C. Code Ann. § 17-9-60 — SC Code / Title 17 / Chapter 9 / Section 17-9-60
SECTION 17-9-60. Compensation and expenses of agents appointed to bring fugitives to this State.
Status: in_force

In all cases of requisition for the delivery of fugitives from justice the agents appointed by the Governor to bring such fugitives into this State shall receive as compensation for their services a per diem for the days actually employed and shall be reimbursed their expenses actually and necessarily incurred in the performance of their duties.
S.C. Code Ann. § 17-3-590 — SC Code / Title 17 / Chapter 3 / Article 5 / Section 17-3-590
SECTION 17-3-590. Office space and equipment.
Status: in_force

The governing body of the county shall provide, in conjunction and cooperation with the other counties in the judicial circuit and in a pro rata share according to the population of each county, appropriate offices, utilities, telephone expenses, materials, and supplies as are necessary to equip, maintain, and furnish the office or offices of the circuit public defender in an orderly and efficient manner.
S.C. Code Ann. § 17-3-560 — SC Code / Title 17 / Chapter 3 / Article 5 / Section 17-3-560
SECTION 17-3-560. Administration of funds.
Status: in_force

Each circuit public defender shall expend the funds received from the counties in the circuit, the State, and other sources for the general operations of the circuit defenders office including reimbursement to the administering county for employee compensation and fringe benefits. Each circuit public defender shall enter into an agreement with the appropriate county within the judicial circuit to administer the funds provided pursuant to the provisions of this article and the funds must be directed to the administering county. The administering county shall account for the receipt and disbursement of the funds separately from other funds administered by the county.
S.C. Code Ann. § 17-5-542 — SC Code / Title 17 / Chapter 5 / Article 7 / Section 17-5-542
SECTION 17-5-542. Local Child Fatality Review Teams; purpose; reports.
Status: in_force

(A) The purpose of the local Child Fatality Review Team is to rapidly and expeditiously review all child deaths that occur in the county in which each coroner serves. (B) To achieve this purpose, the local Child Fatality Review Team shall: (1) enter the team's findings of each reviewed child death into the Child Death Review Case Reporting System at the direction of the coroner; (2) submit to the State Child Fatality Advisory Committee, a monthly report and any other reports prepared by the team, including the team's findings of each reviewed child death; and (3) submit a report of the findings of each reviewed child death to the Bureau of Vital Statistics as prescribed by the State.
S.C. Code Ann. § 17-25-80 — SC Code / Title 17 / Chapter 25 / Article 1 / Section 17-25-80
SECTION 17-25-80. Authority of Commissioner of Department of Corrections as to convicts sentenced to hard labor.
Status: in_force

Notwithstanding the specific language of the sentence which confines an inmate to "hard labor" in the custody of the State Department of Corrections, the Commissioner thereof may assign such inmate to the type of labor he deems appropriate and necessary for the benefit of the Department and the inmate concerned, and such assignment shall fulfill the conditions of the sentence.
S.C. Code Ann. § 17-23-80 — SC Code / Title 17 / Chapter 23 / Section 17-23-80
SECTION 17-23-80. Manner by which persons who have been indicted may be convicted.
Status: in_force

No person indicted for an offense shall be convicted thereof unless by confession of his guilt in open court, by admitting the truth of the charge against him by his plea or demurrer, by the verdict of a jury accepted and recorded by the court or as provided in Section 17-23-40.
S.C. Code Ann. § 17-25-520 — SC Code / Title 17 / Chapter 25 / Article 5 / Section 17-25-520
SECTION 17-25-520. Notice of payment of profit from crime; notification of victims.
Status: in_force

If an offender, or his representative or agent, knowingly contracts for or agrees to be paid any profit from a crime, he must give written notice to the office of the payment or the obligation to pay and a copy of the contract between the offender and contracting party as soon as practical after discovering that the payment or intended payment is a profit from a crime. The office, upon receiving notice of the contract, agreement to pay, or payment of profits from a crime, shall request from all agencies with the duty to notify crime victims pursuant to Article 15, Chapter 3 of Title 16, the name and last known address of any eligible person who is a victim of the offender of the crime in question. It is the duty of the office to notify all known eligible persons at their last known address of the existence of profits.
S.C. Code Ann. § 17-5-610 — SC Code / Title 17 / Chapter 5 / Article 7 / Section 17-5-610
SECTION 17-5-610. Duty to notify coroner or medical examiner in certain cases when body is buried without investigation.
Status: in_force

If in a case of sudden, violent, or suspicious death a body is buried without an investigation by the coroner or medical examiner, a person having knowledge of this fact must notify the coroner or the medical examiner.
S.C. Code Ann. § 17-27-110 — SC Code / Title 17 / Chapter 27 / Section 17-27-110
SECTION 17-27-110. Rules.
Status: in_force

The Supreme Court may adopt such rules as it shall deem necessary to effectuate the purposes of this chapter.
S.C. Code Ann. § 17-5-544 — SC Code / Title 17 / Chapter 5 / Article 7 / Section 17-5-544
SECTION 17-5-544. Child Fatality Review team; exemptions from disclosure; public information; penalties.
Status: in_force

(A) All information, documents, and records of the Child Fatality Review team, records acquired by the review team, or records prepared by members of the review team in the exercise of their purposes and duties pursuant to this article are confidential, exempt from disclosure under Chapter 4, Title 30, the Freedom of Information Act, and only may be disclosed as necessary to carry out the review team's duties and purposes. (B) Statistical compilations of data that do not contain information that would permit the identification of a person to be ascertained are public records. (C) Reports of the review team that do not contain information that would permit the identification of a person to be ascertained are public information. (D) Except as necessary to carry out the review team's purposes and duties, members of the committee and persons attending their meeting may not disclose what transpired at a meeting and may not disclose information, the disclosure of which is prohibited by this section. (E) Members of the Child Fatality Review Team, persons attending a committee meeting, and persons who present information to the review team may not be required to disclose in any civil or criminal proceeding information presented in or opinions formed as a result of a meeting, except that information available from other sources is not immune from introduction into evidence through those sources solely because it was presented during proceedings of the committee or department or because it is maintained by the committee or department. Nothing in this subsection may be construed to prevent a person from testifying to information obtained independently of the committee or which is public information. (F) All information, documents, and records of the Child Fatality Review team, records acquired by the review team, and records prepared by the review team are not subject to subpoena, discovery, or the Freedom of Information Act, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or the Freedom of Information Act through those sources solely because they were presented during proceedings of the committee or department or because they are maintained by the committee or department. (G) Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
S.C. Code Ann. § 17-28-350 — SC Code / Title 17 / Chapter 28 / Article 3 / Section 17-28-350
SECTION 17-28-350. Wilful destruction.
Status: in_force

A person who wilfully and maliciously destroys, alters, conceals, or tampers with physical evidence or biological material that is required to be preserved pursuant to this article with the intent to impair the integrity of the physical evidence or biological material, prevent the physical evidence or biological material from being subjected to DNA testing, or prevent the production or use of the physical evidence or biological material in an official proceeding, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars for a first offense, and not more than five thousand dollars or imprisoned for not more than one year, or both, for each subsequent violation.
S.C. Code Ann. § 17-30-90 — SC Code / Title 17 / Chapter 30 / Section 17-30-90
SECTION 17-30-90. Duration and termination of interception; reports to authorizing judge.
Status: in_force

(A) No order entered may authorize or approve the interception of any wire, oral, or electronic communication for any period longer than is necessary to achieve the objective of the authorization or in any event longer than thirty days. The thirty-day period begins on the day on which the South Carolina Law Enforcement Division first begins to conduct an interception under the order or ten days after the order is entered, whichever occurs earlier. Extensions of an order may be granted but only upon application for an extension made in accordance with Section 17-30-80(A) and upon the court making the findings required by Section 17-30-80(C). The period of extension must be no longer than the authorizing judge determines necessary to achieve the purposes for which the extension was granted and in no event for longer than thirty days. Every order and extension of the order must contain a provision that the authorization to intercept must be executed as soon as practicable, must be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective or in any event in thirty days. If the intercepted communication is in code or foreign language and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after the interception. An interception under this chapter may be conducted by an agent of the South Carolina Law Enforcement Division or by an individual operating under a contract with and under the direct supervision of an agent of the South Carolina Law Enforcement Division. (B) When an order authorizing interception is entered pursuant to this chapter, the order must require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. The reports must be made at such intervals as the judge may require. (C) Upon termination of the authorization in the warrant, all interception must cease and as soon as practicable after termination any device installed to accomplish interception must be removed or must be permanently deactivated by any means approved by the issuing judge.
S.C. Code Ann. § 17-3-380 — SC Code / Title 17 / Chapter 3 / Article 3 / Section 17-3-380
SECTION 17-3-380. Funding.
Status: in_force

The commission will be funded by appropriations to the commission in the state General Appropriations Act including federal funds as may be available. Editor's Note Prior law. 2005 Act No. 103, SECTION 2; 1976 Code SECTION 17-3-360.
S.C. Code Ann. § 17-25-137 — SC Code / Title 17 / Chapter 25 / Article 1 / Section 17-25-137
SECTION 17-25-137. Liability of court imposing alternative sentence.
Status: in_force

Notwithstanding another provision of law, a court which imposes an alternative sentence upon a defendant is not liable for any injuries sustained by the defendant while the defendant completes his sentence.
S.C. Code Ann. § 17-7-200 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-200
SECTION 17-7-200. Coroner's power to adjourn the jury and bind jurors.
Status: in_force

A coroner may, if he deems it necessary, adjourn the jury, either from day to day or to any other day and place, to receive evidence, binding the jurors severally by one recognizance, in such amount as he shall think fit, for their appearance. Such recognizance may be estreated as to any conusor for default by the court of general sessions.
S.C. Code Ann. § 17-30-130 — SC Code / Title 17 / Chapter 30 / Section 17-30-130
SECTION 17-30-130. Reporting intercepted communications.
Status: in_force

Any intercepted wire, oral, or electronic communication must be reported to the Administrative Office of the United States Courts as outlined in 18 U.S.C. Section 2519.
S.C. Code Ann. § 17-22-330 — SC Code / Title 17 / Chapter 22 / Article 3 / Section 17-22-330
SECTION 17-22-330. Disposition of traffic-related offense on completion of program; subsequent violation.
Status: in_force

(A) When a person successfully completes a traffic education program, the governmental agency administering the program shall effect a noncriminal disposition, as defined in this chapter, of the traffic-related offense, and there must be no record maintained of the traffic-related offense except by the appropriate traffic education program in order to ensure that a person does not benefit from the provisions of this article more than once. (B) If applicable, the person may apply to the court for an order to destroy all official records relating to his arrest. (C) If a person violates the conditions of a traffic education program, then the person may be terminated from the program and the traffic-related offense reinstated by the governmental agency administering the program in the appropriate municipality or county. (D) If a person receives a subsequent traffic violation during the six months following the issuance of the ticket for which he has entered the traffic education program, he must be terminated from the program and the traffic-related offense must be reinstated by the governmental agency administering the program in the appropriate municipality or county.
S.C. Code Ann. § 17-3-330 — SC Code / Title 17 / Chapter 3 / Article 3 / Section 17-3-330
SECTION 17-3-330. Duties of Office of Indigent Defense.
Status: in_force

(A) The Office of Indigent Defense shall: (1) serve as the entity which distributes all funds appropriated by the General Assembly for the defense of indigents, including funds allocated to public defender offices pursuant to the formula, funds for the defense of capital cases, funds for attorney's fees and expenses in non-capital cases, and other funds appropriated for these purposes; (2) perform those functions provided pursuant to Section 17-3-360; (3) serve as a resource for the compilation of accurate statistical data covering the indigent defense system in this State; (4) implement other duties the commission may direct; and (5) report annually to the General Assembly on the indigent defense system. (B) On or about June thirtieth of each year, if the Office of Indigent Defense determines, after taking into consideration all outstanding obligations against the fund for payment of attorney fees and expenses in non-capital cases, that unexpended funds remain, these funds shall be rolled over into the fund for payment of attorney's fees and expenses in capital cases; provided, however, this shall occur only in the event the funds in the capital fund have been exhausted at that time. This fund shall at no time exceed three million dollars. (C) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents of this State may be appointed by the court and compensated with funds appropriated to the Death Penalty Trial Fund in the Office of Indigent Defense.
S.C. Code Ann. § 17-30-55 — SC Code / Title 17 / Chapter 30 / Section 17-30-55
SECTION 17-30-55. Mailing or manufacturing devices for unlawful interception of wire, oral, or electronic communications.
Status: in_force

(A) Except as otherwise specifically provided in this chapter, any person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both, who intentionally: (1) sends through the mail or otherwise sends or carries any electronic, mechanical, or other device, knowing or having reason to know that the design of the device renders it primarily useful for the purpose of the unlawful interception of wire, oral, or electronic communications as specifically defined by this chapter; or (2) manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of the device renders it primarily useful for the purpose of the unlawful interception of wire, oral, or electronic communications as specifically defined by this chapter. (B) It is lawful under this section for the persons listed in items (1) and (2) of this subsection to send through the mail, send, or carry in intrastate, interstate, or foreign commerce or manufacture, assemble, possess, or sell any electronic, mechanical, or other device, knowing or having reason to know that the design of the device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications. The persons to whom this subsection applies are: (1) a provider of wire or electronic communication service or an officer, agent, or employee of, or a person under contract with, such a provider, in the normal course of the business of providing that wire or electronic communication service; or (2) an officer, agent, or employee of, or a person under contract with, bidding upon contracts with, or in the course of doing business with, the United States, a state, or a political subdivision of the State, in the normal course of the activities of the United States, a state, or a political subdivision of the State.
S.C. Code Ann. § 17-7-290 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-290
SECTION 17-7-290. Form of conclusion of inquisition in case of death by mischance.
Status: in_force

If it appears that the deceased came to his death by mischance the finding shall conclude: "That E F, in manner and form aforesaid, came to his death by misfortune or accident."
S.C. Code Ann. § 17-25-325 — SC Code / Title 17 / Chapter 25 / Article 3 / Section 17-25-325
SECTION 17-25-325. Enforcement and execution of judgment in criminal case; findings supported by evidence.
Status: in_force

The sentence and judgment of the court of general sessions in a criminal case against an individual may be enforced in the same manner by execution against the property of the defendant as is provided by law for enforcing the judgments of the courts of common pleas in civil actions. Before a general sessions court may enter a judgment against a defendant's property as authorized by this section, the judge must make findings of fact as to the amount of the judgment to be entered against the defendant. These findings must be supported by the preponderance of the relevant evidence as is offered by the parties.
S.C. Code Ann. § 17-13-90 — SC Code / Title 17 / Chapter 13 / Section 17-13-90
SECTION 17-13-90. Service of criminal process on Sunday.
Status: in_force

Criminal process may be served on Sunday, as on any other day of the week, for all crimes, felonies, and misdemeanors alike. However, only law enforcement officers under bond shall be permitted to execute a search warrant.
S.C. Code Ann. § 17-5-580 — SC Code / Title 17 / Chapter 5 / Article 7 / Section 17-5-580
SECTION 17-5-580. Authorization for removal of dead body; penalties; coroner's jury.
Status: in_force

(A)(1) It is unlawful for any person to move or authorize removal of a body from the place where the body is found until the investigation is completed and the removal is authorized by the coroner, deputy coroner, medical examiner, or deputy medical examiner in charge. (2) It is unlawful for any person to move or transport a body across the county line until the investigation of the case, the post-mortem examination, or autopsy is complete and until removal of the body is authorized by the coroner or medical examiner or one of the coroner's or medical examiner's designated assistants. (3) Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than five hundred dollars nor more than one thousand dollars or by imprisonment for not more than sixty days, or both. (B) No coroner's jury may be impaneled until the investigation is completed and copies of the reports of the county medical examiner and peace officer in charge are received by the coroner. The jury is not required to view the body.
S.C. Code Ann. § 17-28-50 — SC Code / Title 17 / Chapter 28 / Article 1 / Section 17-28-50
SECTION 17-28-50. Application for testing; notification of prosecutor, custodian of evidence, and victim; dismissal; successive applications.
Status: in_force

(A) The clerk shall file the application upon its receipt and promptly bring it to the attention of the court and deliver for docketing a copy to the solicitor of the circuit in which the applicant was convicted or adjudicated. The Attorney General and the appropriate custodian of evidence shall be notified by the solicitor. The victim shall be notified pursuant to the provisions of Article 15, Chapter 3, Title 16. (B) Within ninety days after the forwarding of the application, or upon any further time the court may fix, the solicitor of the circuit in which the applicant was convicted or adjudicated, or the Attorney General if the Attorney General prosecuted the case, shall respond to the application. Within ninety days after the docketing of the application, or within any further time the court may fix, the victim may respond as provided in Article 15, Chapter 3, Title 16. The court may proceed with a hearing if the solicitor or Attorney General, as applicable, or the victim does not respond to the application. (C) At any time prior to entry of judgment the court may, when appropriate, issue orders for amendment of the application and for any documents related to the application including, but not limited to, pleadings, motions, and requests for extensions of time. In considering the application and related documents, the court shall take account of substance, regardless of defects of form. When the court is satisfied, on the basis of the application, the responses, or the motion of the solicitor or Attorney General, as applicable, that the applicant is not entitled to DNA testing and no purpose would be served by any further proceedings, it may indicate to the applicant and the solicitor or Attorney General, as applicable, its intention to summarily dismiss the application and its reasons for so doing. The victim shall be notified of the proposed dismissal pursuant to the provisions of Article 15, Chapter 3, Title 16. The court shall make specific findings of fact and expressly state its conclusions of law. The applicant shall be given an opportunity to reply to the proposed dismissal. In light of the reply, or on default thereof, the court may order the application dismissed, grant leave to file an amended application, or direct that the proceedings otherwise continue. (D) If the applicant has filed a previous application for DNA testing, the applicant may file a successive application, provided the applicant asserts grounds for DNA testing which for sufficient reason was not asserted or was inadequately raised in the original, supplemental, or amended application.
S.C. Code Ann. § 17-15-60 — SC Code / Title 17 / Chapter 15 / Section 17-15-60
SECTION 17-15-60. Rules of evidence are inapplicable.
Status: in_force

Information of probative value offered in connection with any judicial determination or order pursuant to SECTIONS 17-15-10 through 17-15-60 need not conform to the rules of evidence as in a court of law.
S.C. Code Ann. § 17-17-110 — SC Code / Title 17 / Chapter 17 / Section 17-17-110
SECTION 17-17-110. Granting of writ after adjournment.
Status: in_force

After the circuit court adjourns any person detained may have a writ of habeas corpus, according to the direction and intention of this chapter.
S.C. Code Ann. § 17-30-140 — SC Code / Title 17 / Chapter 30 / Section 17-30-140
SECTION 17-30-140. Mobile tracking devices; contents of application for order authorizing use; standards for installation and monitoring; definition.
Status: in_force

(A) The Attorney General or any solicitor may make application to a judge of competent jurisdiction for an order authorizing or approving the installation and use of a mobile tracking device by the South Carolina Law Enforcement Division or any law enforcement entity of a political subdivision of this State. (B) An application under subsection (A) of this section must include: (1) a statement of the identity of the applicant; (2) a certification by the applicant that probable cause exists to believe that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by the South Carolina Law Enforcement Division or any law enforcement entity of a political subdivision of this State which may provide evidence relating to any offense or any evidence of any conspiracy or solicitation to commit any violation of the laws of this State; (3) a statement of the offense to which the information likely to be obtained relates; and (4) a statement whether it may be necessary to use and monitor the mobile tracking device outside the jurisdiction of the court from which the authorization is being sought. (C) Upon application made as provided under subsection (B), the court, upon a finding that the certification and statements required by subsection (B) have been made in the application and probable cause exists, must enter an ex parte order authorizing the installation and use of a mobile tracking device. The order may authorize the use of the device within the jurisdiction of the court and outside that jurisdiction but within the State of South Carolina if the device is installed within the jurisdiction of the court. (D) A court may require greater specificity or additional information beyond that which is required by this section as a requisite for issuing an order. (E) The standards established by the United States Supreme Court for the installation and monitoring of mobile tracking devices apply to the installation and use of any device as authorized by this section. (F) As used in this section, a "tracking device" means an electronic or mechanical device which permits the tracking of the movement of a person or object.
S.C. Code Ann. § 17-7-330 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-330
SECTION 17-7-330. Coroner's Book of Inquisitions.
Status: in_force

Every coroner shall keep a book to be called "The Coroner's Book of Inquisitions" into which he shall copy all inquests found within his county, together with evidence taken before the jury and all proceedings had before or after their findings. Such book shall be public property and shall be turned over to his successor in office.
S.C. Code Ann. § 17-23-120 — SC Code / Title 17 / Chapter 23 / Section 17-23-120
SECTION 17-23-120. Immediate disposition of certain misdemeanors or felonies; application to clerk.
Status: in_force

When any defendant is arrested upon a warrant charging a misdemeanor which is not within the jurisdiction of the magistrates court or, notwithstanding any other provision of law, when any defendant is arrested upon a warrant charging a felony, he may apply to the clerk of court of the county having jurisdiction of such case for an immediate disposition of the case and thereupon the clerk of court shall forward the arrest warrant to the solicitor of the judicial circuit.
S.C. Code Ann. § 17-7-280 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-280
SECTION 17-7-280. Form of conclusion of inquisition in case of death by means unknown.
Status: in_force

If it shall appear that the deceased came to his death by means unknown to the jury the inquisition shall conclude thus: "That the said E F was killed and murdered by some person or persons (or by some means) to the jurors unknown, against the peace and dignity of the same State aforesaid."
S.C. Code Ann. § 17-22-530 — SC Code / Title 17 / Chapter 22 / Article 5 / Section 17-22-530
SECTION 17-22-530. Disposition of alcohol-related offense on completion of program.
Status: in_force

(A) When a person successfully completes an alcohol education program, the circuit solicitor shall effect a noncriminal disposition, as defined in this chapter, of the alcohol-related offense, and there must be no record maintained of the alcohol-related offense except by the Commission on Prosecution Coordination in order to ensure that a person does not benefit from the provisions of this article more than once. (B) If applicable, the person may apply to the court for an order to destroy all official records relating to his arrest. (C) If a person violates the conditions of an alcohol education program, the person may be terminated from the program and the alcohol-related offense reinstated by the circuit solicitor in the appropriate municipality or county.
S.C. Code Ann. § 17-28-110 — SC Code / Title 17 / Chapter 28 / Article 1 / Section 17-28-110
SECTION 17-28-110. Consent to testing.
Status: in_force

(A) Nothing in this article prohibits a person and a solicitor or the Attorney General, as applicable, from consenting to and conducting post-conviction DNA testing by agreement of the parties. The person may use the exculpatory results of the DNA test as the grounds for filing a motion for new trial pursuant to the South Carolina Rules of Criminal Procedure. (B) Nothing in this article prohibits a person from filing an application for post-conviction relief pursuant to Chapter 27, Title 17. (C) Unless there is an act of gross negligence or intentional misconduct this article may not be construed to give rise to a claim for damages against the State of South Carolina, a political subdivision of the State, or an employee of the State or a political subdivision of the State. Failure of a custodian of evidence to preserve physical evidence or biological material pursuant to this article does not entitle the applicant to any relief from conviction or adjudication but does not prohibit a person from presenting this information at a subsequent hearing or trial.
S.C. Code Ann. § 17-25-380 — SC Code / Title 17 / Chapter 25 / Article 3 / Section 17-25-380
SECTION 17-25-380. Number of copies and form of notice under Section 17-25-370.
Status: in_force

Two copies of the notice shall be served or sent by registered mail to the Director of the Department of Corrections or his duly appointed officer in charge of the applicable correctional facility. The notice, when the sentence has been affirmed, shall read substantially as follows: "This is to notify you that the sentence of death imposed in the case of State vs. __________ from which an appeal has been taken has been affirmed and finally disposed of by the Supreme Court and the remittitur has been sent down to the clerk of the Court of General Sessions of __________ County. It is, therefore, required of you by Section 17-25-370 of the Code of Laws of South Carolina to execute the judgment and sentence of death imposed on said defendant or defendants (if more than one) on the fourth Friday after the service upon you or receipt of this notice". When the appeal has been dismissed or abandoned the notice shall be substantially the same as when the sentence has been affirmed except that the first sentence shall read as follows: "This is to notify you that the appeal from the sentence of death imposed in the case of State vs. __________ has been dismissed (or abandoned) and the notice has been sent down to the clerk of the Court of General Sessions of __________ County". Editor's Note 1996 Act No. 448, SECTION 1, eff June 18, 1996, provides as follows: "This act [consisting of SECTIONS 16-3-21, 17-25-380, 17-27-130, 17-27-150, and 17-27-160] is known and may be cited as the 'South Carolina Effective Death Penalty Act of 1996'."
S.C. Code Ann. § 17-22-540 — SC Code / Title 17 / Chapter 22 / Article 5 / Section 17-22-540
SECTION 17-22-540. Office of Alcohol Education Program Coordinator.
Status: in_force

Each circuit solicitor may establish an Office of Alcohol Education Program Coordinator whose responsibility is to assist in the establishment and maintenance of the alcohol education program.
S.C. Code Ann. § 17-23-20 — SC Code / Title 17 / Chapter 23 / Section 17-23-20
SECTION 17-23-20. Double jeopardy after trial in municipal or magistrates court.
Status: in_force

Whenever a municipal court or a magistrates court shall have acquired jurisdiction by reason of a person committing an act which is alleged to be in violation of a municipal ordinance and which is in violation of the criminal law of this State a conviction or an acquittal by the first court acquiring jurisdiction shall be a complete bar to a trial by another court for the same alleged unlawful act or acts.
S.C. Code Ann. § 17-5-50 — SC Code / Title 17 / Chapter 5 / Article 3 / Section 17-5-50
SECTION 17-5-50. Vacancy.
Status: in_force

(A) Except as provided in subsection (B), in the event of a vacancy in the office of coroner, the Governor shall fill the office by appointing a qualified replacement to serve until the earlier of the following: (1) the next general election for the office of coroner; or (2) the next general election, in which case an election shall be to fill the unexpired term. In either circumstance, the person appointed by the Governor shall hold office until his successor shall qualify. (B) If a county coroner is suspended by the Governor upon the coroner's indictment or for other reasons, the chief magistrate of that county shall act as coroner until the suspended coroner is reinstated or until a coroner is elected and qualifies in the next general election for coroners, whichever occurs first. (C) Except as provided in subsection (B), the chief deputy or second in command of the coroner's office shall act as coroner until the vacancy is filled by the Governor's appointment. While acting as coroner, the chief deputy or second in command is subject to the duties and liabilities incident to the office of coroner and shall receive the same salary as the former coroner at the time of the vacancy.
S.C. Code Ann. § 17-13-160 — SC Code / Title 17 / Chapter 13 / Section 17-13-160
SECTION 17-13-160. Form of arrest warrants and search warrants shall be prescribed by Attorney General.
Status: in_force

Notwithstanding any other provision of law, effective September 1, 1975, all arrest warrants and search warrants issued by the State or any political subdivision thereof shall be in a form as prescribed by the Attorney General and the Attorney General's office shall prescribe such forms to all law enforcement agencies.
S.C. Code Ann. § 17-25-330 — SC Code / Title 17 / Chapter 25 / Article 3 / Section 17-25-330
SECTION 17-25-330. Execution on forfeited recognizance or for fine.
Status: in_force

When any recognizance shall be adjudged forfeited under the provisions of SECTION 17-15-170 or when any fine shall be imposed by or recovered for the use of the State in any court or before a magistrate, if the party incurring such fine or forfeiture shall fail to pay it down, with the costs of prosecution, then a writ in the nature of an execution shall issue, by virtue of which the sheriff or his deputy shall sell in the same manner as property is sold under execution in civil cases so much of such offender's estate, real or personal, as may be necessary to satisfy the fine or forfeiture, the cost of prosecution and the reasonable charges of taking, keeping and selling such property, returning the overplus, if any, to the offender, together with a bill of the fine or forfeiture, with costs and charges, if he requires it.
S.C. Code Ann. § 17-29-30 — SC Code / Title 17 / Chapter 29 / Section 17-29-30
SECTION 17-29-30. Certain officials may make application for order authorizing or approving installation and use of pen register or trap and trace device.
Status: in_force

(A)(1) The Attorney General or an assistant attorney general designated by the Attorney General on behalf of the State, and a circuit solicitor or an assistant circuit solicitor designated by the solicitor on behalf of a political subdivision having law enforcement authority, hereinafter referred to as the attorney, may make application for an order or an extension of an order under Section 17-29-40 authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath to the circuit court of the circuit wherein the political subdivision is located or if on behalf of the State to any circuit court. (2) A law enforcement officer of this State or a political subdivision thereof may make application for an order or an extension of an order under Section 17-29-40 authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath to the circuit court of the circuit wherein the political subdivision is located or if on behalf of the State to any circuit court. (B) An application under subsection (A) of this section must include: (1) the identity of the attorney or the law enforcement officer of this State or a political subdivision thereof making the application and the identity of the law enforcement agency conducting the investigation; and (2) a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency, and that the applicant has probable cause to believe that a user of the service to which the pen register or trap and trace device is applied is a participant in the criminal activity being investigated.
S.C. Code Ann. § 17-1-10 — SC Code / Title 17 / Chapter 1 / Section 17-1-10
SECTION 17-1-10. Manner of prosecuting criminal action.
Status: in_force

A criminal action is prosecuted by the State, as a party, against a person charged with a public offense, for the punishment thereof.
S.C. Code Ann. § 17-28-340 — SC Code / Title 17 / Chapter 28 / Article 3 / Section 17-28-340
SECTION 17-28-340. Petition for destruction of evidence prior to expiration of required time period.
Status: in_force

(A) After a person is convicted or adjudicated for at least one of the offenses enumerated in Section 17-28-320, a custodian of evidence may petition the general sessions court or family court in which the person was convicted or adjudicated for an order allowing for disposition of the physical evidence or biological material prior to the period of time described in Section 17-28-320 if: (1) the physical evidence or biological material must be returned to its rightful owner, is of such size, bulk, or physical character as to make retention impracticable, or is otherwise required to be disposed of by law; or (2) DNA evidence was previously introduced at trial, was found to be inculpatory, and all appeals and post-conviction procedures have been exhausted. (B) The petition must: (1) be made on such form as prescribed by the Supreme Court; (2) identify the proceedings in which the person was convicted or adjudicated; (3) give the date of the entry of the judgment and sentence; (4) specifically set forth the physical evidence or biological material to be disposed of; and (5) specifically set forth the reason for the disposition. (C) The clerk of court shall file the petition upon its receipt and promptly bring it to the attention of the court and deliver a copy to the convicted or adjudicated person and the solicitor or Attorney General, as applicable. The victim shall be notified of the petition pursuant to Article 15, Chapter 3, Title 16. (D) The convicted or adjudicated person and the solicitor or Attorney General, as applicable, shall have one hundred and eighty days to respond to the petition. The victim may respond within one hundred and eighty days in accordance with the provisions of Article 15, Chapter 3, Title 16. (E) After a hearing, the court may order that the custodian of evidence may dispose of the physical evidence or biological material if the court determines by preponderance of evidence that: (1) the physical evidence or biological material must be returned to its rightful owner, is of such size, bulk, or physical character as to make retention impracticable, or is otherwise required to be disposed of by law, or DNA evidence was previously introduced at trial, was found to be inculpatory, and all appeals and post-conviction procedures have been exhausted; (2) the convicted or adjudicated person, the solicitor or Attorney General, as applicable, and the victim have been notified of the petition for an order to dispose of the physical evidence or biological material; (3) the convicted or adjudicated person did not file an affidavit declaring, under penalty of perjury, the person's intent to file an application for post-conviction DNA testing of the physical evidence or biological material pursuant to Article 1, Chapter 28, Title 17 within ninety days followed by the actual filing of the application; (4) the solicitor or the Attorney General, as applicable, and the victim have not filed a response requesting that the physical evidence or biological material not be disposed of; and (5) no other provision of federal or state law, regulation, or court rule requires preservation of the physical evidence or biological material. (F) If the court issues an order for the disposition of the physical evidence or biological material, the court may require a custodian of evidence to take reasonable measures to remove and preserve portions of the physical evidence or biological material in a quantity sufficient to: (1) permit future DNA testing or other scientific analysis; or (2) for other reasons, upon request and good cause shown, by the solicitor or Attorney General, as applicable, or the victim.
S.C. Code Ann. § 17-25-100 — SC Code / Title 17 / Chapter 25 / Article 1 / Section 17-25-100
SECTION 17-25-100. Suspension of sentence in misdemeanor cases.
Status: in_force

The circuit judges of this State may, in their discretion, suspend sentences imposed by them except in cases of felony upon such terms and upon such conditions as in their judgment may be fit and proper.
S.C. Code Ann. § 17-22-520 — SC Code / Title 17 / Chapter 22 / Article 5 / Section 17-22-520
SECTION 17-22-520. Eligibility requirements for consideration for program.
Status: in_force

(A) A person may be considered for an alcohol education program if he: (1) is at least seventeen years of age but less than twenty-one years of age at the time of arrest; (2) has no prior alcohol-related offenses; and (3) has no significant history of prior delinquency or criminal activity on his record. (B) A person may not participate in an alcohol education program more than once. (C) A person may be considered for an alcohol education program if he is charged with a violation of the following offenses: (1) purchase or possession of beer or wine by a person under the age of twenty-one pursuant to Section 63-19-2440; (2) purchase or possession of alcoholic liquors by a person under the age of twenty-one pursuant to Section 63-19-2450; (3) open container in a motor vehicle pursuant to Section 61-4-110; (4) public disorderly conduct pursuant to Section 16-17-530; (5) littering pursuant to Section 16-11-700; (6) providing false information concerning age to purchase beer or wine pursuant to Section 61-4-60; (7) unlawful purchase of beer or wine for a person who cannot legally buy for consumption on the premises pursuant to Section 61-4-80; (8) transfer of beer or wine for underage person's consumption pursuant to Section 61-4-90; (9) transfer of alcoholic liquors for underage person's consumption pursuant to Section 61-6-4070; (10) possession of an altered driver's license or other false documentation pursuant to Section 56-1-515; and (11) another offense similar in nature and severity to the above-described offenses, as determined by the circuit solicitor. However, the provisions of this item may not be construed to include an offense enumerated in Section 56-5-2930 or Section 56-5-2933. (D) A person's participation in an alcohol education program does not prevent his participation in a pretrial intervention program pursuant to the provisions and conditions of Article 1.
S.C. Code Ann. § 17-25-360 — SC Code / Title 17 / Chapter 25 / Article 3 / Section 17-25-360
SECTION 17-25-360. Fines in the alternative shall be apportioned when part of sentence has been served.
Status: in_force

In all cases in this State when a sentence has been imposed by any judge, magistrate, mayor or intendant of any city or town in the alternative, by fine or imprisonment, and the person upon whom the sentence has been imposed shall enter upon the service of the sentence and thereafter such person or anyone in his behalf shall desire or offer to pay the fine imposed by the sentence, the clerk of the court in the county in which the sentence was imposed or the judge, magistrate, mayor or intendant who imposed the sentence shall apportion the fine imposed therein, so that the person or anyone in his behalf shall be allowed to pay such part of the fine as shall be in proportion to the balance of the time to be served under the sentence. Upon the payment of such proportionate part of the fine, the clerk, judge, magistrate, mayor or intendant shall release and discharge the person in behalf of whom the fine is so paid from further custody.
S.C. Code Ann. § 17-7-240 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-240
SECTION 17-7-240. Duty to render verdict; form.
Status: in_force

The jury having viewed the body, heard the evidence and made inquiry into the cause and manner of the death shall render their verdict thereon, in writing, to the coroner under their hands and seals in the manner following, which shall pass by indenture interchangeably between the coroner and jury, that is to say: "South Carolina, County of __________ An inquisition indented, taken at __________, in __________ County, the ___ day of __________, A. D. ___, before A B, coroner (or C D, magistrate, acting as coroner) for said county, upon view of the body of E F, of __________, then and there being dead, by the oaths of (inserting the names of the jurors), being a lawful jury of inquest, who, being charged and sworn to inquire for the State of South Carolina where and by what means the said E F came to his death, upon their oath do say, etc. (inserting how, where, at what time and by what instrument the deceased was killed)."
S.C. Code Ann. § 17-15-190 — SC Code / Title 17 / Chapter 15 / Section 17-15-190
SECTION 17-15-190. Money may be deposited with officer of court in lieu of bond, recognizance, or undertaking.
Status: in_force

Whenever in any criminal proceeding in any of the courts of this State a bond, recognizance or undertaking is authorized or required to be given, the party authorized or required to give it may deposit in lieu thereof a sum of lawful money of the United States of America equal in amount to the bond, recognizance or undertaking so required or authorized to be given. Such sum of money, when deposited as in this section provided, shall be held and taken as equivalent in all respects to the giving of such bond, recognizance or undertaking.
S.C. Code Ann. § 17-30-95 — SC Code / Title 17 / Chapter 30 / Section 17-30-95
SECTION 17-30-95. Interception prior to obtaining order; oral notification of judge in emergency.
Status: in_force

(A) Notwithstanding any other provision of this chapter, any agent of the South Carolina Law Enforcement Division specifically designated by the Attorney General or his designated Assistant Attorney General may intercept the wire, oral, or electronic communication if an application for an order approving the interception is made within forty-eight hours after the interception begins to occur, and the agent determines that more likely than not: (1) an emergency exists that involves an offense provided for in Section 17-30-70 and an immediate danger of death or serious physical injury to any person or the danger of escape of a prisoner and requires that a wire, oral, or electronic communication be intercepted before an order authorizing the interception can, with due diligence, be obtained; and (2) there are grounds upon which an order could be entered under this chapter to authorize the interception. (B) In the absence of an order, the interception must immediately terminate when the communication sought is obtained or when the application for the order is denied, whichever is earlier. If the application for approval is denied, or in any other case in which the interception is terminated without an order having been issued, the contents of any wire, oral, or electronic communication intercepted must be treated as having been obtained in violation of Section 17-30-20, and an inventory must be served as provided for in Section 17-30-100(E) on the person named in the application. (C) Agents of the South Carolina Law Enforcement Division designated to intercept wire, oral, or electronic communications pursuant to this section must have completed training provided by SLED pursuant to Section 17-30-145. (D) A judge of competent jurisdiction must be notified orally of the intent to begin the interception of any wire, oral, or electronic communication when an emergency exists pursuant to the provisions of this section before any interception is conducted. The judge must make a written record of this notification.
S.C. Code Ann. § 17-13-60 — SC Code / Title 17 / Chapter 13 / Section 17-13-60
SECTION 17-13-60. Circumstances when persons are not to be arrested but may be served process.
Status: in_force

No person shall be arrested while actually engaged in or attending military or militia duty or going to or returning from such duty, nor while attending, going to or returning from any court, as party or witness or by order of the court, except for treason, felony or breach of the peace. But in any such case process may be served without actual arrest of body or goods.
S.C. Code Ann. § 17-7-270 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-270
SECTION 17-7-270. Form of conclusion of inquisition in case of death by self-murder.
Status: in_force

If it appears that the deceased died by self-murder the inquisition shall conclude: "That the said E F, in manner and form aforesaid, then and there voluntarily and feloniously himself did kill, against the peace and dignity of the same State aforesaid."
S.C. Code Ann. § 17-7-40 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-40
SECTION 17-7-40. Fees for preliminary examination.
Status: in_force

For such preliminary examination such officer shall receive the same fees paid in the same way as a magistrate for any ordinary preliminary examination in a criminal case, except that in counties in which the coroner receives a salary no fees shall be allowed to any officer for services in such preliminary examination.
S.C. Code Ann. § 17-15-90 — SC Code / Title 17 / Chapter 15 / Section 17-15-90
SECTION 17-15-90. Wilful failure to appear; penalties.
Status: in_force

A person released pursuant to the provisions of Chapter 15, Title 17 who wilfully fails to appear before the court as required must: (1) if he was released in connection with a charge for a felony or while awaiting sentencing after conviction, be fined not more than five thousand dollars or imprisoned for not more than five years, or both; or (2) if he was released in connection with a charge for a misdemeanor for which the maximum possible sentence was at least one year, be fined not more than one thousand dollars or imprisoned for not more than one year, or both.
S.C. Code Ann. § 17-7-260 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-260
SECTION 17-7-260. Form of conclusion of inquisition where death was not wilful but by the hands of another.
Status: in_force

If the proof shall be that the death was occasioned by the hands of another the conclusion shall be: "That J K, the said E F, by misfortune and contrary to his will, in manner and form aforesaid, did kill and slay."
S.C. Code Ann. § 17-15-15 — SC Code / Title 17 / Chapter 15 / Section 17-15-15
SECTION 17-15-15. Deposit of cash percentage in lieu of bond; assignment of deposit; restitution to victim.
Status: in_force

(A) Except as provided in subsection (D), in lieu of requiring actual posting of bond as provided in Section 17-15-10(A), the court setting bond may permit the defendant to deposit in cash with the clerk of court an amount not to exceed ten percent of the amount of bond set, which amount, when the defendant fulfills the condition of the bond, must be returned to the defendant by the clerk except as provided in subsection (C). (B) The cash deposit provided for in subsection (A) must be assignable at any time after it is posted with the clerk of court by written assignment executed by the defendant and delivered to the clerk. After assignment and after the defendant fulfills the condition of his bond, the clerk shall return the cash deposit to the assignee. (C) In the event the cash deposit is not assigned but the defendant is required by the court to make restitution to the victim of his crime, the deposit may be used for the purpose of restitution. (D) The provisions of this section do not apply if the defendant is charged with a violent offense, as defined by Section 16-1-60, or any felony offense involving a firearm while out on bond or other pretrial release. If the court, pursuant to the limitations of Section 17-15-30, finds that such defendant may be released pending trial, bond must be set at the full United States currency cash bond to the exclusion of all other forms of bond whether the bond is posted by the defendant or with a bondsman. After the defendant fulfills the conditions of the bond, the clerk shall return the cash bond amount paid to the defendant. However, in the event the defendant is required by the court to make restitution to the victim of his crime, the cash bond may be used for the purpose of such restitution. Any currency cash bond must be conditioned on the person charged personally appearing before the court specified to answer the charge or indictment and to do and receive what is enjoined by the court, and not to leave the State, and be of good behavior toward all the citizens of the State, or especially toward a person or persons specified by the court. Additionally, the court may impose any other conditions allowed under Chapter 15, Title 17, and any other provision of law. Effect of Amendment 2023 Act No. 83, SECTION 2, in (A), substituted "Except as provided in subsection (D), in lieu of requiring actual posting of bond as provided in Section 17-15-10(A)" for "In lieu of requiring actual posting of bond as provided in subsection (A) of Section 17-15-10" and "must be returned" for "shall be returned"; in (B), in the first sentence, substituted "must be assignable" for "shall be assignable" and in the second sentence, substituted "assignee" for "assignee thereof"; added (D); and made nonsubstantive changes.
S.C. Code Ann. § 17-7-530 — SC Code / Title 17 / Chapter 7 / Article 3 / Section 17-7-530
SECTION 17-7-530. Record of body long dead and buried or improperly kept.
Status: in_force

If the body has been so long dead and buried or so injured by improper keeping as that the causes of the death cannot be ascertained upon the examination the coroner shall make a record of the fact, stating its condition, by whom and how long it had been kept or buried, the circumstances of the burial, and the identity, if discovered. Such record shall be entered in his book and returned, as any other inquisition, to the clerk of the court of general sessions for the county.
S.C. Code Ann. § 17-13-70 — SC Code / Title 17 / Chapter 13 / Section 17-13-70
SECTION 17-13-70. Warrant authorizing breaking open gambling rooms.
Status: in_force

The mayor, any of the aldermen or the sheriff of the city of Charleston or the mayor, intendant or any alderman, warden or recorder of any incorporated city or town of this State or any judge residing in any such city or town, on information by oath of any credible witness that any of the criminal laws against gambling is being violated, may grant his warrant, under his hand and seal, to break open and enter any closed door or room within such city or town, wherever such offense is alleged to prevail.
S.C. Code Ann. § 17-11-70 — SC Code / Title 17 / Chapter 11 / Article IX / Section 17-11-70
SECTION 17-11-70. Central Administrator and Information Agent.
Status: in_force

The Governor is empowered to designate the officer who will serve as Central Administrator and Information Agent for the Agreement on Detainers.
S.C. Code Ann. § 17-28-300 — SC Code / Title 17 / Chapter 28 / Article 3 / Section 17-28-300
SECTION 17-28-300. Citation of article.
Status: in_force

This article shall be cited as the "Preservation of Evidence Act".
S.C. Code Ann. § 17-22-1120 — SC Code / Title 17 / Chapter 22 / Article 11 / Section 17-22-1120
SECTION 17-22-1120. Diversion program data and reporting.
Status: in_force

(A) In addition to the information collected and processed by the Office of Pretrial Intervention Coordinator within the Commission on Prosecution Coordination pursuant to Articles 1, 3, 5, and 7, Chapter 22, Title 17, the Office of Pretrial Intervention Coordinator shall be responsible for collecting data on all programs administered by a circuit solicitor, the Commission on Prosecution Coordination, or a court, which divert offenders from prosecution to an alternative program or treatment. (B) This shall include programs administered by circuit solicitors, which are either statutorily mandated or established by judicial order, and shall include, but are not limited to: alcohol education programs; drug courts for adults or juveniles; traffic education programs; worthless checks units; pretrial intervention; mental health courts; or juvenile arbitration. (C) Notwithstanding the provisions of Section 17-22-130, 17-22-360, 17-22-370, or 17-22-560, the Office of Pretrial Intervention Coordinator shall collect and make available for public inspection an annual report on the numbers of individuals who apply for a diversion program, the number of individuals who begin a diversion program or treatment, the number of individuals who successfully complete a program or treatment within a twelve-month period, the number of individuals who do not successfully complete a program or treatment within the same twelve-month period, but who are still participating in the program or treatment, the number of individuals who did not complete the program within the twelve-month period and who have been prosecuted for the offense committed, and the number of individuals with fees fully or partially waived for indigence. The data collected and made available for public inspection shall be listed by each county, by each program or treatment, and the offense originally committed, but shall not contain any identifying information of the participant. (D) A copy of the report shall be sent to the Sentencing Reform Oversight Committee for evaluation of the diversion programs and treatments being administered in the State by the circuit solicitors or a court, the effectiveness of each program, and to ascertain the need for additional programs, program modifications, or repeal of existing programs. In evaluating the programs and treatments, the Sentencing Reform Oversight Committee may request information on the evidence-based practices used in each program or treatment to identify offender risks and needs, and the specific interventions employed in each program or treatment to identify criminal risk factors and reduce recidivism.
S.C. Code Ann. § 17-1-40 — SC Code / Title 17 / Chapter 1 / Section 17-1-40
SECTION 17-1-40. Expungement; retention of certain information by law enforcement or prosecution agencies.
Status: in_force

(A) For purposes of this section, "under seal" means not subject to disclosure other than to a law enforcement or prosecution agency, and attorneys representing a law enforcement or prosecution agency, unless disclosure is allowed by court order. (B)(1) If a person's record is expunged pursuant to Article 9, Title 17, Chapter 22, because the person was charged with a criminal offense, or was issued a courtesy summons pursuant to Section 22-3-330 or another provision of law, and the charge was discharged, proceedings against the person were dismissed, or the person was found not guilty of the charge, then the arrest and booking record, associated bench warrants, mug shots, and fingerprints of the person must be destroyed and no evidence of the record pertaining to the charge or associated bench warrants may be retained by any municipal, county, or state agency. Provided, however, that: (a) Law enforcement and prosecution agencies shall retain the arrest and booking record, associated bench warrants, mug shots, and fingerprints of the person under seal for three years and one hundred twenty days. A law enforcement or prosecution agency may retain the information indefinitely for purposes of ongoing or future investigations and prosecution of the offense, administrative hearings, and to defend the agency and the agency's employees during litigation proceedings. The information must remain under seal. The information is not a public document and is exempt from disclosure, except by court order. (b) Detention and correctional facilities shall retain booking records, identifying documentation and materials, and other institutional reports and files under seal, on all persons who have been processed, detained, or incarcerated, for a period not to exceed three years and one hundred twenty days from the date of the expungement order to manage the facilities' statistical and professional information needs, and to defend the facilities and the facilities' employees during litigation proceedings, except that when an action, complaint, or inquiry has been initiated, the records, documentation and materials, and other reports and files may be retained as needed to address the action, complaint, or inquiry. The information is not a public document and is exempt from disclosure, except by court order. At the end of the three years and one hundred twenty days from the date of the expungement order, the records must be destroyed unless they are being retained to address an action, complaint, or inquiry that has been initiated. (2) A municipal, county, or state agency, or an employee of a municipal, county, or state agency that intentionally violates this subsection is guilty of contempt of court. (3) Nothing in this subsection requires the South Carolina Department of Probation, Parole and Pardon Services to expunge the probation records of persons whose charges were dismissed by conditional discharge pursuant to Section 44-53-450. (4) If a person pleads guilty to a lesser included offense and the solicitor deems it appropriate, the solicitor shall notify the State Law Enforcement Division (SLED) and SLED shall request that the person's record contained in the National Crime Information Center (NCIC) database or other similar database reflects the lesser included offense rather than the offense originally charged. (C)(1) If a person's record is expunged pursuant to Article 9, Title 17, Chapter 22, because the person was charged with a criminal offense, or was issued a courtesy summons pursuant to Section 22-3-330 or another provision of law, and the charge was discharged, proceedings against the person were dismissed, or the person was found not guilty of the charge, then law enforcement and prosecution agencies shall retain the unredacted incident and supplemental reports, and investigative files under seal for three years and one hundred twenty days. A law enforcement or prosecution agency may retain the information indefinitely for purposes of ongoing or future investigations, other law enforcement or prosecution purposes, administrative hearings, and to defend the agency and the agency's employees during litigation proceedings. The information must remain under seal. The information is not a public document, is exempt from disclosure, except by court order, and is not subject to an order for destruction of arrest records. (2) If a request is made to inspect or obtain the incident reports pursuant to the South Carolina Freedom of Information Act, the law enforcement agency shall redact the name of the person whose record is expunged and other information which specifically identifies the person from copies of the reports provided to the person or entity making the request. (3) If a person other than the person whose record is expunged is charged with the offense, a prosecution agency may provide the attorney representing the other person with unredacted incident and supplemental reports. The attorney shall not provide copies of the reports to a person or entity nor share the contents of the reports with a person or entity, except during judicial proceedings or as allowed by court order. (4) A person who intentionally violates this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both. (5) Nothing in this subsection prohibits evidence gathered or information contained in incident reports or investigation and prosecution files from being used for the investigation and prosecution of a criminal case or for the defense of a law enforcement or prosecution agency or agency employee. (D) A municipal, county, or state agency may not collect a fee for the destruction of records pursuant to this section. (E) The State Law Enforcement Division is authorized to promulgate regulations that allow for the electronic transmission of information pursuant to this section. (F) Unless there is an act of gross negligence or intentional misconduct, nothing in this section gives rise to a claim for damages against the State, a state employee, a political subdivision of the State, an employee of a political subdivision of the State, a public officer, or other persons. Editor's Note 2016 Act No. 132, SECTION 6, provides as follows: "SECTION 6. This act takes effect ninety days after approval by the Governor. This act applies retroactively to allow for the expungement of offenses charged, discharged, dismissed, or nolle prossed prior to the effective date of this act, and persons convicted or found not guilty prior to the effective date of this act." Effect of Amendment The 2013 amendment, in subsection (A), inserted designator (1), and added subsection (A)(2) and the following undesignated paragraph; added subsection (D); and redesignated former subsection (D) as (E). 2014 Act No. 276, SECTION 1, rewrote the section. 2016 Act No. 132, SECTION 1, in (B)(1)(a), inserted "administrative hearings," in the second sentence; in (B)(1)(b), inserted "that" following "except" in the first sentence, inserted the text following "initiated," at the end of the first sentence, and added the last sentence; added (B)(4); in (C)(1), deleted "evidence gathered," following "shall retain the" in the first sentence, and inserted "administrative hearings," in the second sentence; deleted former (E), relating to violations of Titles 50 and 56; and redesignated former (F) and (G) as (E) and (F).
S.C. Code Ann. § 17-15-200 — SC Code / Title 17 / Chapter 15 / Section 17-15-200
SECTION 17-15-200. Persons to whom a deposit in lieu of bond, recognizance, or undertaking must be paid.
Status: in_force

Whenever such bond, recognizance or undertaking is required or authorized to be given in any criminal proceeding: (1) In the courts of general sessions of this State the sum of money deposited in lieu thereof shall be paid to the clerk of the court of general sessions in which the proceeding is pending; (2) In the Supreme Court or the court of appeals the sum of money shall be paid to the clerk of the Supreme Court or the court of appeals; and (3) In a magistrates court or other court of inferior jurisdiction such sum of money shall be paid to the clerk of the court of common pleas and general sessions for the county in which such magistrates court or other court of inferior jurisdiction shall be.
S.C. Code Ann. § 17-11-60 — SC Code / Title 17 / Chapter 11 / Article IX / Section 17-11-60
SECTION 17-11-60. Official in charge of penal or correctional institution shall give over inmate when required under agreement.
Status: in_force

It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this State to give over the person of any inmate thereof whenever so required by the operation of the Agreement on Detainers.
S.C. Code Ann. § 17-5-120 — SC Code / Title 17 / Chapter 5 / Article 3 / Section 17-5-120
SECTION 17-5-120. Availability of medical records to coroner of another state.
Status: in_force

Records, papers, or reports concerning the death of a person on file at any hospital, nursing home, or other medical facility in this State are available to a coroner of another state as they are to a coroner in this State if the deceased person was a resident of or is buried in the county in which the coroner serves in the other state. The release of these records to the coroner of another state is not prohibited by Chapter 4 of Title 30 or any other provision of law.
S.C. Code Ann. § 17-3-580 — SC Code / Title 17 / Chapter 3 / Article 5 / Section 17-3-580
SECTION 17-3-580. Public defenders; requirements as to employment.
Status: in_force

(A) A public defender employed full-time by the circuit public defender shall not engage in the private practice of law for profit. (B) A public defender employed by the circuit public defender must be a member of the South Carolina Bar and must be admitted to practice before all courts of this State. (C) A public defender shall serve at the pleasure of the circuit public defender and shall have the authority, powers, and duties as assigned by the circuit public defender.
S.C. Code Ann. § 17-27-60 — SC Code / Title 17 / Chapter 27 / Section 17-27-60
SECTION 17-27-60. Court costs and expenses for indigents.
Status: in_force

If the applicant is unable to pay court costs and expenses of representation, including stenographic, printing and legal services, these costs and expenses shall be made available to the applicant in the trial court, and on review, in amounts and to the extent funds are made available to indigent defendants by the General Assembly.
S.C. Code Ann. § 17-30-40 — SC Code / Title 17 / Chapter 30 / Section 17-30-40
SECTION 17-30-40. Disclosure of content of communication by provider of electronic communication service.
Status: in_force

(A) Except as provided in subsection (B), a person or entity providing an electronic communication service to the public must not intentionally divulge the contents of any communication while in transmission on that service to any person or entity other than an addressee or intended recipient of the communication or an agent of the addressee or intended recipient. (B) A person or entity providing electronic communication service to the public may divulge the contents of the communication: (1) as otherwise authorized by this chapter; (2) with the lawful consent of the originator or any addressee or intended recipient of the communication; (3) to a person employed or authorized, or whose facilities are used to forward the communication to its destination; or (4) which were inadvertently obtained by the service provider and which appeared to pertain to the commission of a crime, if the divulgence is made to a law enforcement agency.
S.C. Code Ann. § 17-23-165 — SC Code / Title 17 / Chapter 23 / Section 17-23-165
SECTION 17-23-165. Attorney appearing at preliminary hearing not obligated to continue representation.
Status: in_force

The appearance by an attorney on behalf of a defendant in a preliminary hearing shall not in and of itself obligate that attorney to continue the representation of that defendant beyond the preliminary hearing.
S.C. Code Ann. § 17-5-543 — SC Code / Title 17 / Chapter 5 / Article 7 / Section 17-5-543
SECTION 17-5-543. Meetings of Child Fatality Review Team; confidentiality; penalties.
Status: in_force

(A) Meetings of the Child Fatality Review Team, the "review team", are closed to the public and are not subject to Chapter 4, Title 30, the Freedom of Information Act, when the review team is discussing individual cases of child deaths. (B) Except as provided in subsection (C), meetings of the review team are open to the public and subject to the Freedom of Information Act when the review team is not discussing individual cases of child deaths. (C) Information identifying a deceased child or a family member, guardian, or caretaker of a deceased child, or an alleged or suspected perpetrator of abuse or neglect upon a child may not be disclosed during a public meeting and information regarding the involvement of any agency with the deceased child or family may not be disclosed during a public meeting. (D) Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned not more than six months, or both.
S.C. Code Ann. § 17-25-560 — SC Code / Title 17 / Chapter 25 / Article 5 / Section 17-25-560
SECTION 17-25-560. Obligation to report knowledge of profit from crime.
Status: in_force

All state agencies, solicitors, and law enforcement agencies with knowledge of profit from a crime which an offender has obtained or generated shall report this information to the office promptly.