S.C. Code Ann. § 17-17-40 — SC Code / Title 17 / Chapter 17 / Section 17-17-40
SECTION 17-17-40. Authority of any two magistrates to grant writs of habeas corpus.
Status: in_force

Any two magistrates shall grant the writ of habeas corpus as fully, effectually and lawfully as may any judge of the court of common pleas and general sessions or justice of the Supreme Court of this State, except in cases of felony the punishment for which is death or imprisonment for life and except in changing the custody of any child, in which cases magistrates shall have no jurisdiction in applications for habeas corpus.
S.C. Code Ann. § 17-21-85 — SC Code / Title 17 / Chapter 21 / Section 17-21-85
SECTION 17-21-85. Order for jury selection in criminal case be conducted in another county; expenses.
Status: in_force

A circuit judge may, in a criminal case in which he determines that an unbiased jury cannot be selected in the county in which the defendant was indicted, order that jury selection go forward in some other county and the jury, when selected, be transported to the county in which the indictment was returned for the duration of the trial. In making a determination whether to proceed as allowed by this section or to order a change of venue for a trial, the court shall consider all the logistical and expense elements and, consistent with the demands of justice, choose the method that results in the least expense and greatest convenience for all parties involved in the case. All expenses of jury selection in another county must be paid by the county in which the trial occurs.
S.C. Code Ann. § 17-30-105 — SC Code / Title 17 / Chapter 30 / Section 17-30-105
SECTION 17-30-105. Providing copies of intercepted communications to parties as prerequisite to receiving evidence; prejudice as factor in motions to waive time for providing copies and for continuance.
Status: in_force

As required by federal law, the contents of any intercepted wire, oral, or electronic communication or evidence derived therefrom must not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding unless each party, not less than ten days before the hearing or proceeding and not less than thirty days prior to trial, has been furnished with a copy of the court order and accompanying application under which the interception was authorized or approved. These time periods may be waived by the judge if the judge finds that it was not possible to furnish the party with the above information within the specified time periods before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving the information. In determining prejudice, the judge must specifically consider the complexity of the case, the duration of the recordings, and the party's need to retain experts to review the material and must also take these factors into consideration when deciding a motion for continuance made by a party furnished with these materials after the time periods set out above. Upon filing of a motion by an aggrieved person, the judge must make available to the aggrieved person or his counsel for inspection the portions of the intercepted communication or evidence derived therefrom that would be otherwise discoverable under South Carolina law.
S.C. Code Ann. § 17-29-20 — SC Code / Title 17 / Chapter 29 / Section 17-29-20
SECTION 17-29-20. Installation of pen register or trap and trace device prohibited.
Status: in_force

(A) Except as provided in this section, no person may install or use a pen register or a trap and trace device without first obtaining a court order under Section 17-29-40. (B) The prohibition of subsection (A) does not apply with respect to the use of a pen register or a trap and trace device by a provider of electronic or wire communication service: (1) relating to the operation, maintenance, and testing of a wire or electronic communication service or to the protection of the rights or property of the provider, or to the protection of users of that service from abuse of service or unlawful use of service; or (2) to record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful, or abusive use of service; or (3) where the consent of the user of that service has been obtained. (C) Any person violating the provisions of subsection (A) of this section is guilty of a misdemeanor and upon conviction must be punished by a fine of not more than one thousand dollars or by imprisonment for a term of not more than one year, or both.
S.C. Code Ann. § 17-7-510 — SC Code / Title 17 / Chapter 7 / Article 3 / Section 17-7-510
SECTION 17-7-510. Penalty for burying body without notice or inquiry.
Status: in_force

It is unlawful for a person to bury or cause to be buried the dead body of a person supposed to have come to a violent death before notice to the coroner to examine the body and before inquiry is made into the manner and circumstances of the death. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years. The coroner shall bind him in recognizance, with sufficient surety, to appear and stand his trial.
S.C. Code Ann. § 17-5-100 — SC Code / Title 17 / Chapter 5 / Article 3 / Section 17-5-100
SECTION 17-5-100. Coroners must carry out orders of county governing body; fees and costs.
Status: in_force

Coroners must execute all lawful orders directed to them by the respective governing bodies of their respective counties, or the chairmen thereof, and must receive the same fees and costs as are allowed in other cases.
S.C. Code Ann. § 17-13-100 — SC Code / Title 17 / Chapter 13 / Section 17-13-100
SECTION 17-13-100. Escaped prisoners may be retaken on Sunday.
Status: in_force

It shall be lawful for the sheriff, deputy sheriff or jailer to retake on Sunday, as on any other day, and at court, muster or any other place any prisoner who has escaped.
S.C. Code Ann. § 17-30-45 — SC Code / Title 17 / Chapter 30 / Section 17-30-45
SECTION 17-30-45. Use of pen register or trap and trace device.
Status: in_force

It is lawful under this chapter to use a pen register or a trap and trace device as authorized under South Carolina law or under federal law.
S.C. Code Ann. § 17-15-50 — SC Code / Title 17 / Chapter 15 / Section 17-15-50
SECTION 17-15-50. Amendment of order.
Status: in_force

The court with jurisdiction of the offense, at any time after notice and hearing, may amend the order to impose additional or different conditions of release. Effect of Amendment 2015 Act No. 58, SECTION 14, substituted "with jurisdiction of the offense" for "may", and inserted "may" before "amend the order".
S.C. Code Ann. § 17-5-20 — SC Code / Title 17 / Chapter 5 / Article 3 / Section 17-5-20
SECTION 17-5-20. Bond.
Status: in_force

Before receiving his commission, the coroner must post a bond, to be executed by him and at least two sureties, but not more than twelve, to be approved, recorded, and filed as prescribed in Chapter 3 of Title 8. The bond must be in the penal sum of two thousand dollars.
S.C. Code Ann. § 17-25-130 — SC Code / Title 17 / Chapter 25 / Article 1 / Section 17-25-130
SECTION 17-25-130. Accepted plea of guilty as equivalent of jury recommendation of mercy for sentencing purposes.
Status: in_force

In all cases where by law the punishment is affected by the jury recommending the accused to the mercy of the court, and a plea of guilty is accepted with the approval of the court, the accused shall be sentenced in like manner as if the jury in a trial had recommended him to the mercy of the court.
S.C. Code Ann. § 17-3-40 — SC Code / Title 17 / Chapter 3 / Article 1 / Section 17-3-40
SECTION 17-3-40. Creation of claim against assets and estate of person for whom counsel is provided.
Status: in_force

(A) The appointment of counsel, as hereinbefore provided, creates a claim against the assets and estate of the person who is provided counsel in an amount equal to the costs of representation as determined pursuant to Sections 17-3-50 and 17-3-80, less that amount that the person pays to the defender corporation of the county or counties wherein he is being represented or the judicial department as provided for in Section 17-3-30. (B) Such claim shall be filed in the office of the clerk of court in the county where the person is assigned counsel, but the filing of a claim shall not constitute a lien against real or personal property of the person unless, in the discretion of the court, part or all of such claim is reduced to judgment by appropriate order of the court, after serving the person with at least thirty days' notice that judgment will be entered. When a claim is reduced to judgment, it shall have the same effect as judgments, except as modified by this chapter. (C) The court may, in its discretion, order any claim or judgment waived, modified or withdrawn. (D) The Judicial Department shall be responsible for administering this section, and all moneys collected hereunder shall be paid over to the Judicial Department.
S.C. Code Ann. § 17-25-120 — SC Code / Title 17 / Chapter 25 / Article 1 / Section 17-25-120
SECTION 17-25-120. Restitution of stolen goods.
Status: in_force

If any person shall rob or take away any money, goods or chattels from any person, from their person or otherwise, and be found guilty thereof, such money, goods and chattels shall be restored to the party so robbed or the owner thereof and the judge before whom any such person shall be found guilty shall award, from time to time, writs of restitution for such money, goods and chattels.
S.C. Code Ann. § 17-22-80 — SC Code / Title 17 / Chapter 22 / Article 1 / Section 17-22-80
SECTION 17-22-80. Recommendations of victim and law enforcement agency.
Status: in_force

Prior to any person being admitted to a pretrial intervention program the victim, if any, of the crime for which the applicant is charged and the law enforcement agency employing the arresting officer shall be asked to comment in writing as to whether or not the applicant should be allowed to enter an intervention program. In each case involving admission to an intervention program, the solicitor or judge, if application is made to the court pursuant to Section 17-22-100, shall consider the recommendations of the law enforcement agency and the victim, if any, in making a decision.
S.C. Code Ann. § 17-17-30 — SC Code / Title 17 / Chapter 17 / Section 17-17-30
SECTION 17-17-30. Authority of judges to grant writs of habeas corpus.
Status: in_force

Any of the judges of this State, in vacation time and out of term, upon view of the copy of the warrant of commitment and detainer or otherwise and upon oath made that such copy was denied to be given by the person in whose custody the prisoner is detained, shall, upon request made in writing by such person as is committed as aforesaid or any on his behalf, attested and subscribed by two witnesses who were present at the delivery of the request, award and grant a writ of habeas corpus, under the seal of such court, whereof he shall be one of the judges.
S.C. Code Ann. § 17-23-50 — SC Code / Title 17 / Chapter 23 / Section 17-23-50
SECTION 17-23-50. Traverse of indictment is not a continuance.
Status: in_force

A traverse of any indictment shall not, in any court of criminal jurisdiction in this State, of itself operate to continue the case.
S.C. Code Ann. § 17-30-145 — SC Code / Title 17 / Chapter 30 / Section 17-30-145
SECTION 17-30-145. Surveillance training requirements.
Status: in_force

Any SLED agent or an individual operating under a contract with the South Carolina Law Enforcement Division authorized under the provisions of this chapter to intercept wire, oral, or electronic communications must undergo training by SLED in conducting such surveillance with emphasis on techniques for minimizing the interception of communications that fall outside of the communications subject to interception pursuant to the provisions of this chapter.
S.C. Code Ann. § 17-1-60 — SC Code / Title 17 / Chapter 1 / Section 17-1-60
SECTION 17-1-60. Publication of arrest and booking records, unlawful under certain circumstances, procedures for removal of such information; penalties; civil cause of action.
Status: in_force

(A) For purposes of this section, a person or entity who publishes on the person's or entity's website or any other publication the arrest and booking records, including booking photographs, of a person who is arrested and booked in South Carolina is deemed to be transacting business in South Carolina. (B) It is unlawful for a person or entity to obtain, or attempt to obtain, the arrest and booking records, including booking photographs, of a person who is arrested and booked in South Carolina knowing: (1) the arrest and booking records will be published on a website or any other publication; and (2) removal or revision of the arrest or booking records requires the payment of a fee or other consideration. (C) It is unlawful for a person or entity to require the payment of a fee or other consideration to remove, revise, or refrain from posting to a website or any other publication the arrest and booking records, including booking photographs, of a person who is arrested and booked in South Carolina. (D)(1) A person or entity who publishes on the person or entity's website or any other publication the arrest and booking records, including booking photographs, of a person who is arrested and booked in South Carolina shall remove the arrest and booking records from the person or entity's website or any other publication without requiring the payment of a fee or other consideration within thirty days of the receipt of a request to remove the arrest and booking records, if the request: (a) is made in writing via certified mail, return receipt requested, to the registered agent, principal place of business, or primary residence of the person or entity who publishes the website or any other publication; (b) includes the person's name, date of arrest, and the name of the arresting law enforcement agency; (c) contains certified documentation that the original charges stemming from the arrest were discharged, dismissed, expunged, or the person was found not guilty; and (d) includes a complete and accurate description of where the arrest and booking records are located, including, but not limited to, the uniform resource locator (URL) and e-edition, if applicable. (2) If the original charges stemming from the arrest were discharged or dismissed as a result of the person pleading to a lesser included offense, or a different offense, the person or entity who publishes the website or any other publication is not required to remove the arrest and booking records from the person or entity's website or any other publication; however, the person or entity shall revise the arrest and booking records published on the person or entity's website or any other publication to reflect the lesser included offense, or different offense, instead of the original charges, without requiring the payment of a fee or other consideration within thirty days of the receipt of a request to remove the arrest and booking records pursuant to item (1). (3) This subsection does not apply to the following: (a) motion picture producers and distributors, and their products as released in theaters, to DVD, pay-per-view, broadcast, cable and satellite television, as well as Internet services; (b) acts done by the publisher, owner, agent, employee, or retailer of a newspaper, periodical, books, radio station, radio network, television station, television broadcast network, or cable television network in the publication or dissemination in print or electronically of: (i) news, history, entertainment, or commentary; or (ii) an advertisement of or for another person, when the publisher, owner, agent, or employee did not have actual knowledge of the false, misleading, or deceptive character of the advertisement, did not prepare the advertisement, or did not have a direct financial interest in the sale or distribution of the advertised product or service. (4) A person or entity who violates this subsection is not subject to the criminal penalty provided in subsection (F); however, the person or entity is subject to a civil cause of action as provided in subsection (G). (E)(1) This section does not apply to a state or local government agency. (2) Except as otherwise provided by state law, it is unlawful for an employee of a state or local government agency to provide the arrest or booking records, including booking photographs, of a person who is arrested and booked in South Carolina knowing: (a) the arrest and booking records will be published on a nongovernmental website or any other publication; and (b) removal or revision of the arrest or booking records requires the payment of a fee or other consideration. (F)(1) A person or entity who violates this section, except for subsection (D), is guilty of a misdemeanor, and, upon conviction, must be fined not more than one thousand dollars or be imprisoned not more than sixty days, or both. (2) Each arrest and booking record obtained, attempted to obtain, or provided, and each payment solicited or accepted in violation of this section constitutes a separate violation. (G)(1) Except as provided in item (2), a person who suffers a loss or harm as a result of a violation of this section may file a civil cause of action against a person or entity who violates this section for damages suffered, along with costs, attorney's fees, and any other legal or equitable relief. (2) A person who suffers a loss or harm as a result of a violation of this section may not file a civil cause of action against a state or local government agency pursuant to this section; however, the person may file a civil cause of action against an employee of a state or local government agency who violates subsection (E)(2) pursuant to the South Carolina Tort Claims Act. A state or local government agency may not be substituted for an employee of the state or local government agency in a civil cause of action against the employee. 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."
S.C. Code Ann. § 17-24-30 — SC Code / Title 17 / Chapter 24 / Section 17-24-30
SECTION 17-24-30. Form of verdict.
Status: in_force

In a prosecution for a crime when the affirmative defense of insanity is raised sufficiently by the defendant, or when sufficient evidence of a mental disease or defect of the defendant is admitted into evidence, the trier of fact shall find under the applicable law, and the verdict must so state, whether the defendant is: (1) guilty; (2) not guilty; (3) not guilty by reason of insanity; or (4) guilty but mentally ill.
S.C. Code Ann. § 17-3-360 — SC Code / Title 17 / Chapter 3 / Article 3 / Section 17-3-360
SECTION 17-3-360. Division of Appellate Defense created; administration and staffing; duties and responsibilities.
Status: in_force

(A) There is created within the Office of Indigent Defense, the Division of Appellate Defense. All of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with the commission and Office of Appellate Defense formerly provided in Chapter 4, Title 17 are transferred to and incorporated in and must be administered as part of the Office of Indigent Defense. (B) The division must be administered by a chief attorney. The staff of the division shall consist of additional attorneys and administrative, investigative, secretarial, and clerical employees necessary to discharge the duties of the division. No person may be hired to serve as an attorney who is not licensed to practice law in this State. Attorneys employed by the division shall devote full time to their duties and may not engage in the private practice of law. (C) The division shall carry out the following duties and responsibilities: (1) It shall represent a person who the office determines, subject to court review, falls within the guidelines promulgated pursuant to Section 17-3-310(G)(2) who files Notice of Intention to Appeal or desires to appeal a conviction in a trial court, or decision of a proceeding in civil commitment or other voluntary placement in a state, county, or municipal facility. A person desiring representation by the division shall request a determination of his indigency status in writing from the Supreme Court, the court of appeals, the circuit or family court, or the division. A court receiving a request for indigent appellate representation shall forward the request to the office who, within ten days of the receipt of the request for representation, shall notify the person requesting representation and the court in which the appeal will be effected of its decision. (2) Upon a finding that a person requesting representation qualifies as an indigent and after being appointed as counsel for this person by the court in which the appeal will be effected, the division shall represent this person in his appeal of a conviction in a trial court, or decision of a proceeding in civil commitment or other involuntary placement in a state, county, or municipal facility, provided nothing in this article requires the division to pursue an appeal unless the chief attorney of the division is first satisfied that there is arguable merit to the appeal. (3) It shall represent indigents, other than at trial or commitment proceedings when appointed by the court. (4) It shall represent indigents in appeals of convictions in trial courts of this State, or decisions of civil commitment proceedings or other involuntary placement only in courts of this State.
S.C. Code Ann. § 17-22-920 — SC Code / Title 17 / Chapter 22 / Article 9 / Section 17-22-920
SECTION 17-22-920. Direction of expungement process inquiries to county solicitor's office.
Status: in_force

The clerk of court shall direct all inquiries concerning the expungement process to the corresponding solicitor's office to make application for expungement.
S.C. Code Ann. § 17-15-170 — SC Code / Title 17 / Chapter 15 / Section 17-15-170
SECTION 17-15-170. Proceedings in case of forfeiture of recognizances.
Status: in_force

Whenever the recognizance is forfeited by noncompliance with its condition, the Attorney General, solicitor, magistrate, or other person acting for him immediately shall issue a notice to summon every party bound in the forfeited recognizance to appear at the next ensuing court to show cause, if he has any, why judgment should not be confirmed against him. If any person so bound fails to appear or, upon appearing, does not give a reason for not performing the condition of the recognizance as the court considers sufficient, then the judgment on the recognizance is confirmed. A magistrate may confirm judgments of not more than the maximum fine allowable under Section 22-3-550 in addition to assessments.
S.C. Code Ann. § 17-7-250 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-250
SECTION 17-7-250. Form of conclusion of inquisition where deceased was wilfully killed.
Status: in_force

If it shall appear that the deceased was wilfully killed by another the inquisition must be concluded in this form: "And so the jurors aforesaid, upon their oaths aforesaid, do say that the aforesaid J K, in manner and form aforesaid, E F then and there feloniously did kill, against the peace and dignity of the same State aforesaid."
S.C. Code Ann. § 17-15-140 — SC Code / Title 17 / Chapter 15 / Section 17-15-140
SECTION 17-15-140. Discharge of prosecutor or witness on own recognizance in cases not capital; costs.
Status: in_force

When any prosecutor or witness in criminal cases less than capital is committed to jail for inability to give surety on his recognizance to prosecute or testify, the clerk of court of general sessions in which the case is pending may, in his discretion, discharge such prosecutor or witness on his own recognizance. Clerk's costs, not to exceed one dollar, may be charged for each such recognizance taken.
S.C. Code Ann. § 17-11-20 — SC Code / Title 17 / Chapter 11 / Article IX / Section 17-11-20
SECTION 17-11-20. "Appropriate court" defined.
Status: in_force

The phrase "appropriate court" as used in the Agreement on Detainers shall, with reference to the courts of this State, mean a court of record with criminal jurisdiction.
S.C. Code Ann. § 17-7-70 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-70
SECTION 17-7-70. Jurisdiction of coroners to take inquests.
Status: in_force

Subject to the provisions of SECTIONS 17-7-20 to 17-7-40 every coroner, within the county for which he has been elected or appointed, may take inquest of casual or violent deaths when the dead body is lying within his county. Provided, however, if a person is injured in one county but removed to another county for medical purposes, the coroner of the county where the injury occurred shall have jurisdiction.
S.C. Code Ann. § 17-22-360 — SC Code / Title 17 / Chapter 22 / Article 3 / Section 17-22-360
SECTION 17-22-360. Annual report.
Status: in_force

Each governmental agency that administers a traffic education program shall submit a traffic education program annual report, by the first day of August, to the Commission on Prosecution Coordination providing the total number of participants by original traffic-related offenses, the total number of participants that successfully completed the traffic education program, the total amount of fees collected, and the total revenue remitted to the municipalities, counties, and Office of the State Treasurer for the state's fiscal year. The Commission on Prosecution Coordination may establish additional guidelines for the annual reports. The annual reports must be made available for public inspection.
S.C. Code Ann. § 17-13-110 — SC Code / Title 17 / Chapter 13 / Section 17-13-110
SECTION 17-13-110. Confinement in industrial communities.
Status: in_force

Any police officer or deputy sheriff in any industrial community may confine in such prison or building as the president, treasurer or other executive officer having the management of any industrial corporation may provide in any such community any person who may be arrested charged with violation of law until such arrested person can be conveniently carried before a magistrate; provided, however, that: (1) Such police officer or deputy sheriff shall not detain any arrested person in such prison longer than eighteen hours, except a person arrested on Saturday and then not over forty-two hours; and (2) Such police officer or deputy sheriff shall provide water and food and shall also furnish such arrested person with sufficient bedding or clothing to make him comfortable in cold weather.
S.C. Code Ann. § 17-3-510 — SC Code / Title 17 / Chapter 3 / Article 5 / Section 17-3-510
SECTION 17-3-510. Circuit Public Defender Selection Panel; county representation; nomination of Circuit Public Defender; election by the Commission on Indigent Defense.
Status: in_force

(A) There is created in each judicial circuit in the State a Circuit Public Defender Selection Panel, the membership of which is composed of, and must be elected by, the active, licensed attorneys who reside within the counties of each judicial circuit. Each county in each judicial circuit must be represented by at least one member and the remaining members must be determined by equal weighting of county population based on the most recent decennial census and the most recent annual county appropriations to public defender operations according to the following formula: (1) percentage of distribution of population plus the percentage of distribution of appropriations for public defender operations divided by two and rounded to the nearest whole number; (2) the weighted values of each county multiplied by the number of remaining members in each Circuit Public Defender Selection Panel determines the number of additional members each county must have on the panel. Judicial circuits with three or less counties must have five members. Judicial circuits with four counties must have seven members. Judicial circuits with five counties must have nine members. (B) A solicitor, assistant solicitor, an employee of a solicitor's office, or an employee of the South Carolina Prosecution Coordination Commission may not serve as a member of a Circuit Public Defender Selection Panel. Members of a Circuit Public Defender Selection Panel must reside in the judicial circuit in which they serve. Circuit Public Defender Selection Panel members shall serve for a term of five years. A vacancy for an appointed member must be in the same manner of the original appointment filled by the appointing authority. (C) By majority vote of its membership, the Circuit Public Defender Selection Panel shall nominate a person to serve as the circuit public defender in the judicial circuit as provided in this article. The commission shall, by majority vote of its members, accept or reject the nomination, but may not substitute the name of another person. Initial appointments of circuit public defenders must be made in order for the first appointees to take office no later than one year from the effective date of this act, for a term of four years. A circuit public defender may be reappointed by the commission to serve successive terms following the same manner of the original appointment. The circuit public defender for each judicial circuit must be a full-time employee of the State and must be compensated and have the same benefits as the circuit solicitor. A circuit public defender may not engage in the private practice of law or another full-time business for profit. (D) A circuit public defender may be removed for cause by a majority vote of the commission. (E) If a vacancy occurs, by death, resignation, or otherwise, in the position of circuit public defender, the commission shall appoint an interim circuit public defender to serve until a replacement has been selected by the commission. The Circuit Public Defender Selection Panel shall nominate a replacement circuit public defender within three months of the occurrence of the vacancy. Selection of a replacement must be in the same manner as the original appointment.
S.C. Code Ann. § 17-5-600 — SC Code / Title 17 / Chapter 5 / Article 7 / Section 17-5-600
SECTION 17-5-600. Permit required for cremation.
Status: in_force

When the body of any dead person who died in the county is to be cremated, the person who has requested the cremation must secure a permit for the cremation from the coroner, deputy coroner, medical examiner, or deputy medical examiner. A person who wilfully fails to secure a permit for cremation is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty dollars and not more than five hundred dollars. A permit for cremation promptly must be acted upon by the coroner or medical examiner.
S.C. Code Ann. § 17-17-160 — SC Code / Title 17 / Chapter 17 / Section 17-17-160
SECTION 17-17-160. Officers shall execute writ.
Status: in_force

Every sheriff, deputy sheriff or jailer shall give due obedience to the execution of every writ of habeas corpus made or signed by any person by law empowered to grant the writ and shall do and perform any matter or thing which by the writ he may be required to do. And if he shall wilfully neglect, refuse or omit to obey or perform the writ when legally requested and demanded in such case, for each such neglect, refusal, or omission, he shall forfeit the sum of five hundred dollars, to be recovered by indictment.
S.C. Code Ann. § 17-9-10 — SC Code / Title 17 / Chapter 9 / Section 17-9-10
SECTION 17-9-10. Warrant for fugitive charged with crime in another state; temporary confinement; right to bail.
Status: in_force

Any officer in the State authorized by law to issue warrants for the arrest of any person charged with crime shall, on satisfactory information laid before him under the oath of any credible person that any fugitive in the State has committed, out of the State and within any other state, any offense which by the law of the state in which the offense was committed is punishable either capitally or by imprisonment for one year or upwards in any state prison, issue a warrant for such fugitive and commit him to any jail within the State for the space of twenty days, unless sooner demanded by the public authorities of the state wherein the offense may have been committed, agreeable to the act of Congress in that case made and provided. If no demand be made within such time the fugitive shall be liberated, unless sufficient cause be shown to the contrary. Nothing herein contained shall be construed to deprive any person so arrested of the right to release on bail as in cases of similar character of offenses against the laws of this State.
S.C. Code Ann. § 17-22-110 — SC Code / Title 17 / Chapter 22 / Article 1 / Section 17-22-110
SECTION 17-22-110. Fees for application and participation; waiver.
Status: in_force

An applicant to an intervention program or an offender who applies to the chief administrative judge of the court of general sessions for admission to a program pursuant to Section 17-22-100 shall pay a nonrefundable application fee of one hundred dollars and, if accepted into the program, a nonrefundable participation fee of two hundred fifty dollars prior to admission. All fees paid must be deposited into a special circuit solicitor's fund for operation of the pretrial intervention program. All fees or costs of supervision may be waived partially or totally by the solicitor in cases of indigency. The solicitor may also, if he determines necessary, in situations other than indigency allow scheduling of payments in lieu of lump sum payment. In no case shall aggregate fees for application and participation in an intervention program exceed three hundred fifty dollars. However, in cases where the solicitor determines that referral to another agency or program is needed to achieve rehabilitation for a problem directly related to the charge, the defendant may be required to pay his participation in that special program, except that no services may be denied due to inability to pay.
S.C. Code Ann. § 17-9-20 — SC Code / Title 17 / Chapter 9 / Section 17-9-20
SECTION 17-9-20. Record of proceedings; transmission of copy to Governor.
Status: in_force

Every officer committing any person under Section 17-9-10 shall keep a record of the whole proceedings before him and immediately transmit a copy thereof to the Governor of this State for such action as he may deem fit therein under the law.
S.C. Code Ann. § 17-25-150 — SC Code / Title 17 / Chapter 25 / Article 2 / Section 17-25-150
SECTION 17-25-150. Responsibilities of program; mandatory community penalty plan provisions; limitation upon use of funds.
Status: in_force

(A) Each community penalties program is responsible for: (1) targeting offenders who face an imminent and substantial threat of imprisonment; (2) preparing detailed community penalty plans for presentation to the presiding judge by the offender's attorney; (3) contracting or arranging with public or private agencies for services described in the community penalty plan; (4) defining objectives of the Communities Penalties Programs; (5) outlining goals for reduction of offenders committed to prison for each county within the circuit, and a system of monitoring the number of commitments to prison; (6) developing procedures for obtaining services from existing public or private agencies and preparation of a detailed budget for staff, contracted services, and all other costs; (7) developing procedures for cooperation with the probation personnel who have supervisory responsibility for the offender; (8) outlining procedures for evaluating the program's effect on numbers of prison commitments; (9) outlining procedures for returning offenders who do not comply with their community penalty plan to court for action by the court. (B) Every community penalty plan must include the following: (1) notification to the victim of the offender's placement in the program; (2) solicitation of victim response into the offender's proposed community penalty; (3) restitution to the victim by the offender within a specified period of time and in an amount to be determined by the court; (4) payment of such fees and costs of the program by the offender unless the court grants a waiver due to indigency. Procedures for collecting a fee from offenders must be implemented based on a sliding scale according to income and ability to pay; (5) procedures for returning offenders who do not comply with their community penalty plan to court for action by the court. (C) Funds provided for use under the provisions of this article may not be used for the operating cost, construction, or any other cost associated with local jail confinement.
S.C. Code Ann. § 17-30-50 — SC Code / Title 17 / Chapter 30 / Section 17-30-50
SECTION 17-30-50. Penalty for violating Sections 17-30-20 through 17-30-45.
Status: in_force

(A) Except as provided in subsection (B), whoever violates the provisions of Sections 17-30-20 through 17-30-45, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both. (B) If the offense is a first offense under this chapter and is not for any unlawful purpose or for purposes of direct or indirect commercial advantage or private commercial gain, and the wire or electronic communication with respect to which the offense under this chapter was committed is a radio communication that is not scrambled, encrypted, or transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of the communication, then: (1) if the communication is not the radio portion of a cellular telephone communication, a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit, a public land mobile radio service communication, or a paging service communication, and the conduct is not that described in Section 17-30-35(7), the person committing the offense is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than one thousand dollars, or both; (2) if the communication is the radio portion of a cellular telephone communication, a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit, a public land mobile radio service communication, or a paging service communication, the person committing the offense is guilty of a misdemeanor, and must, upon conviction, be fined not more than one thousand dollars for each violation.
S.C. Code Ann. § 17-25-70 — SC Code / Title 17 / Chapter 25 / Article 1 / Section 17-25-70
SECTION 17-25-70. Authority of local officials to require able-bodied convicted persons to perform labor in public interest.
Status: in_force

Notwithstanding another provision of law, a local governing body may authorize the sheriff or other official in charge of a local correctional facility to require any able-bodied convicted person committed to the facility to perform labor in the public interest. This labor may involve public service work or related activities which conform to the provisions of Section 24-13-660. The public service work may include, but is not limited to, maintenance or repair of the drainage systems, highways, streets, bridges, grounds, and buildings and litter control and emergency relief efforts. A convicted person physically capable of performing the labor who refuses to obey a direct order to perform the labor is not entitled to good behavior credits pursuant to Section 24-13-210 or productive duty credits pursuant to Section 24-13-230. An inmate participating in a local work punishment or other public service sentence program must not be removed arbitrarily from the program and required to perform work on the public works or ways. A local governing body may enter into a contractual agreement with another governmental entity for use of inmate labor in the performance of work for a public purpose.
S.C. Code Ann. § 17-9-40 — SC Code / Title 17 / Chapter 9 / Section 17-9-40
SECTION 17-9-40. Sheriff and jailer shall surrender fugitive under order of Governor.
Status: in_force

Every sheriff or jailer, in whose custody any person committed under this chapter shall be, shall, upon the order of the Governor of this State, surrender such person to the person named in such order for that purpose.
S.C. Code Ann. § 17-21-40 — SC Code / Title 17 / Chapter 21 / Section 17-21-40
SECTION 17-21-40. Venue where perpetrator of homicide and victim are in different counties.
Status: in_force

When an injury is inflicted by any person within the bounds of one county of this State on a person within the bounds of another county and death shall ensue therefrom within this State, indictment, trial and punishment shall be the same as if the homicide had been committed altogether within the county in which the injured person dies. And when the injured person dies without the jurisdiction of this State, indictment, trial and punishment shall be the same as if the homicide had been completed in the county in which the injury causing death was received.
S.C. Code Ann. § 17-3-350 — SC Code / Title 17 / Chapter 3 / Article 3 / Section 17-3-350
SECTION 17-3-350. Immunity.
Status: in_force

The members of the commission and the Circuit Public Defender Selection Panel and other policy-making or administrative personnel acting in a policy-making or administrative capacity in connection with the commission or the panel are not subject to civil liability resulting from an act or failure to act in the implementation and carrying out of the purposes of this chapter.
S.C. Code Ann. § 17-19-70 — SC Code / Title 17 / Chapter 19 / Section 17-19-70
SECTION 17-19-70. Indictments against corporations.
Status: in_force

Whenever any corporation doing business in this State, whether incorporated under the laws of this State or not, shall be charged with any offense cognizable by the courts of general sessions the solicitor shall hand out a bill of indictment to the grand jury of the county in which such offense, or some part thereof, has been committed and if the grand jury shall return a true bill the solicitor shall cause a copy of such indictment to be served on such corporation offending in the manner indicated in Section 17-13-80 and upon service of such indictment and the notice required by such section the court of general sessions shall obtain and have jurisdiction of such corporation.
S.C. Code Ann. § 17-13-30 — SC Code / Title 17 / Chapter 13 / Section 17-13-30
SECTION 17-13-30. Officers may arrest without warrant for offenses committed in view.
Status: in_force

The sheriffs and deputy sheriffs of this State may arrest without warrant any and all persons who, within their view, violate any of the criminal laws of this State if such arrest be made at the time of such violation of law or immediately thereafter.
S.C. Code Ann. § 17-19-90 — SC Code / Title 17 / Chapter 19 / Section 17-19-90
SECTION 17-19-90. Objections to defects in indictments.
Status: in_force

Every objection to any indictment for any defect apparent on the face thereof shall be taken by demurrer or on motion to quash such indictment before the jury shall be sworn and not afterwards.
S.C. Code Ann. § 17-23-175 — SC Code / Title 17 / Chapter 23 / Section 17-23-175
SECTION 17-23-175. Admissibility of out-of-court statement of child under twelve; determination of trustworthiness; notice to adverse party.
Status: in_force

(A) In a general sessions court proceeding or a delinquency proceeding in family court, an out-of-court statement of a child is admissible if: (1) the statement was given in response to questioning conducted during an investigative interview of the child; (2) an audio and visual recording of the statement is preserved on film, videotape, or other electronic means, except as provided in subsection (F); (3) the child testifies at the proceeding and is subject to cross- examination on the elements of the offense and the making of the out-of-court statement; and (4) the court finds, in a hearing conducted outside the presence of the jury, that the totality of the circumstances surrounding the making of the statement provides particularized guarantees of trustworthiness. (B) In determining whether a statement possesses particularized guarantees of trustworthiness, the court may consider, but is not limited to, the following factors: (1) whether the statement was elicited by leading questions; (2) whether the interviewer has been trained in conducting investigative interviews of children; (3) whether the statement represents a detailed account of the alleged offense; (4) whether the statement has internal coherence; and (5) sworn testimony of any participant which may be determined as necessary by the court. (C) For purposes of this section, a child is: (1) a person who is under the age of twelve years at the time of the making of the statement or who functions cognitively, adaptively, or developmentally under the age of twelve at the time of making the statement; and (2) a person who is the alleged victim of, or witness to, a criminal act for which the defendant, upon conviction, would be required to register pursuant to the provisions of Article 7, Chapter 3, Title 23. (D) For purposes of this section an investigative interview is the questioning of a child by a law enforcement officer, a Department of Social Services case worker, or other professional interviewing the child on behalf of one of these agencies, or in response to a suspected case of child abuse. (E)(1) The contents of a statement offered pursuant to this section are subject to discovery pursuant to Rule 5 of the South Carolina Rules of Criminal Procedure. (2) If the child is twelve years of age or older, an adverse party may challenge the finding that the child functions cognitively, adaptively, or developmentally under the age of twelve. (F) Out-of-court statements made by a child in response to questioning during an investigative interview that is visually and auditorily recorded will always be given preference. If, however, an electronically unrecorded statement is made to a professional in his professional capacity by a child victim or witness regarding an act of sexual assault or physical abuse, the court may consider the statement in a hearing outside the presence of the jury to determine: (1) the necessary visual and audio recording equipment was unavailable; (2) the circumstances surrounding the making of the statement; (3) the relationship of the professional and the child; and (4) if the statement possesses particularized guarantees of trustworthiness. After considering these factors and additional factors the court deems important, the court will make a determination as to whether the statement is admissible pursuant to the provisions of this section. Editor's Note 2006 Act No. 342, SECTION 1, provides as follows: "This act may be cited as the 'Sex Offender Accountability and Protection of Minors Act of 2006'."
S.C. Code Ann. § 17-19-10 — SC Code / Title 17 / Chapter 19 / Section 17-19-10
SECTION 17-19-10. Offense shall be prosecuted upon grand jury indictment; exceptions.
Status: in_force

No person shall be held to answer in any court for an alleged crime or offense, unless upon indictment by a grand jury, except in the following cases: (1) when a prosecution by information is expressly authorized by statute; (2) in proceedings before a police court or magistrate; and (3) in proceedings before courts martial.
S.C. Code Ann. § 17-30-70 — SC Code / Title 17 / Chapter 30 / Section 17-30-70
SECTION 17-30-70. Orders authorizing interception; application process; agencies and individuals authorized to conduct interception.
Status: repealed

(A) An application for an order authorizing or approving the interception of wire, oral, or electronic communications must be initiated by the Chief of SLED. After reviewing the application, the Attorney General or his designated Assistant Attorney General may authorize the submission of the application to a judge of competent jurisdiction for, and the judge may grant in conformity with this chapter, an order authorizing or approving the interception of wire, oral, or electronic communications by: (1) the South Carolina Law Enforcement Division for the investigation of the offense as to which the application is made when the interception may provide or has provided evidence of the commission of the offenses of murder (Section 16-3-10); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); drug trafficking as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); accessory before the fact to commit any of the above offenses (Section 16-1-40); or attempt to commit any of the above offenses (Section 16-1-80). This interception may also be authorized when it may provide or has provided evidence of any conspiracy or solicitation to commit any violation of the offenses specified in this subsection; (2) the South Carolina Law Enforcement Division for the investigation of the offense as to which the application is made when the interception may provide or has provided evidence of the commission of any offense related to terrorism or the commission of a terrorist act, any offense related to bombs, destructive devices, bacteriological and biological weapons, and weapons of mass destruction as provided for in Article 7, Chapter 23, Title 16 or evidence of any conspiracy or solicitation to commit any crime specifically enumerated in this subsection; or (3) an individual operating under a contract with the South Carolina Law Enforcement Division for the investigation of an offense listed in subsection (1) or (2). Any interception conducted under this chapter by persons authorized by this subsection must conduct the interception under the direct supervision of an agent or officer of the South Carolina Law Enforcement Division. (B) Any person authorized to intercept wire, oral, or electronic communications pursuant to this section must have completed training provided by SLED pursuant to Section 17-30-145. Code Commissioner's Note Section 16-3-620, referenced in subsection (A)(1) was repealed by 2010 Act No. 273, SECTION 5. Editor's Note 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. § 17-30-30 — SC Code / Title 17 / Chapter 30 / Section 17-30-30
SECTION 17-30-30. Interception by employee of Federal Communications Commission, by person acting under color or law, and when party has given prior consent.
Status: in_force

(A) It is lawful under this chapter for an officer, employee, or agent of the Federal Communications Commission, in the normal course of his employment and in discharge of the monitoring responsibilities exercised by the commission in the enforcement of 47 U.S.C. Chapter 5, to intercept a wire, oral, or electronic communication transmitted by radio or to disclose or use the information thereby obtained. (B) It is lawful under this chapter for a person acting under color of law to intercept a wire, oral, or electronic communication, where the person is a party to the communication or one of the parties to the communication has given prior consent to the interception. (C) It is lawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception.
S.C. Code Ann. § 17-24-80 — SC Code / Title 17 / Chapter 24 / Section 17-24-80
SECTION 17-24-80. Release of defendant.
Status: in_force

(A) Should a defendant be released pursuant to SECTIONS 17-24-40(C)(2)(a), 17-24-40(C)(2)(c), or 17-24-70(B) herein, the solicitor shall immediately notify the local probation office and it shall then be the responsibility of the probation office to monitor compliance by the defendant of the terms and conditions of his release. (B) The probation office shall file reports quarterly or more often, if necessary, of the defendant's compliance with the terms of his release with the circuit solicitor, the chief administrative judge of the circuit, the defendant's attorney, and the defendant. (C) In the event the defendant violates any of the terms of his release, notice of the violation shall be immediately given by the probation office to the chief administrative judge of the circuit, the circuit solicitor, the defendant's attorney, and the defendant. Upon the receipt of the notice the chief administrative judge, upon notice to all parties, may order a hearing and order inpatient treatment if he finds the defendant in need of hospitalization pursuant to the standard of SECTION 44-17-580 of the 1976 Code, or order such other action as he may deem appropriate.
S.C. Code Ann. § 17-23-40 — SC Code / Title 17 / Chapter 23 / Section 17-23-40
SECTION 17-23-40. Nolo contendere in misdemeanor cases.
Status: in_force

The defendant in any misdemeanor case in any of the courts of this State may, with the consent of the court, enter a plea of "nolo contendere" thereto and upon so doing such defendant shall be dealt with in like manner as if he had entered a plea of guilty thereto.
S.C. Code Ann. § 17-9-30 — SC Code / Title 17 / Chapter 9 / Section 17-9-30
SECTION 17-9-30. Governor shall inform governor of foreign state.
Status: in_force

The Governor of this State shall immediately inform the governor of the state in which the crime is alleged to have been committed of the proceedings had in such case.
S.C. Code Ann. § 17-11-40 — SC Code / Title 17 / Chapter 11 / Article IX / Section 17-11-40
SECTION 17-11-40. Escape of prisoner in temporary custody.
Status: in_force

Any prisoner released to temporary custody under the provisions of the Agreement on Detainers from a place of imprisonment in South Carolina who shall escape or attempt to escape from such temporary custody, whether within or without the borders of this State, shall be dealt with in the same manner as if the escape or attempt to escape were from the original place of imprisonment.
S.C. Code Ann. § 17-3-370 — SC Code / Title 17 / Chapter 3 / Article 3 / Section 17-3-370
SECTION 17-3-370. Appointment of counsel by court.
Status: in_force

The provisions of this article shall not restrict a court in which an appeal is to be effected, from appointing counsel for indigent persons when the division is disqualified from representation for reasons of conflict or when the division deems it advisable that it not provide representation for the indigent person. Editor's Note Prior laws. 2005 Act No. 103, SECTION 2; 1976 Code SECTION 17-3-350.
S.C. Code Ann. § 17-28-360 — SC Code / Title 17 / Chapter 28 / Article 3 / Section 17-28-360
SECTION 17-28-360. Failure to preserve; cause of action against responsible entity; right to release.
Status: in_force

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, 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 a person 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. § 17-23-100 — SC Code / Title 17 / Chapter 23 / Section 17-23-100
SECTION 17-23-100. Right to object to charge or request additional charge out of presence of jury.
Status: in_force

In all cases tried before a jury, other than cases in a magistrates or municipal court, after the court has delivered to the jury a charge on the law in the case, the court shall temporarily excuse the jury from the presence of counsel and litigants in order to give counsel and litigants an opportunity to express objections to the charge or request the charge of additional propositions made necessary by the charge, out of the presence of the jury.
S.C. Code Ann. § 17-28-40 — SC Code / Title 17 / Chapter 28 / Article 1 / Section 17-28-40
SECTION 17-28-40. Form and contents of application.
Status: in_force

(A) The application must be made on such form as prescribed by the Supreme Court. (B) The application must be verified by the applicant and filed under the original indictment number or petition with the clerk of court of the general sessions court or family court in which the conviction or adjudication took place. Facts within the personal knowledge of the applicant and the authenticity of all documents and exhibits included in or attached to the application must be sworn to affirmatively as true and correct. (C) The application must, under penalty of perjury: (1) identify the proceedings in which the applicant was convicted or adjudicated; (2) give the date of the entry of the judgment and sentence and identify the applicant's current place of incarceration; (3) identify all previous or ongoing proceedings, together with the grounds therein asserted, taken by the applicant to secure relief from his conviction or adjudication; (4) make a reasonable attempt to identify the physical evidence or biological material that should be tested and the specific type of DNA testing that is sought; (5) explain why the identity of the applicant was or should have been a significant issue during the original court proceedings, notwithstanding the fact that the applicant may have pled guilty or nolo contendere or made or is alleged to have made an incriminating statement or admission as to identity; (6) explain why the physical evidence or biological material sought to be tested was not previously subjected to DNA testing, or if the physical evidence or biological material sought to be tested was previously subjected to DNA testing, provide the results of the testing and explain how the requested DNA test would provide a substantially more probative result; (7) explain why if the DNA testing produces exculpatory results, the testing will constitute new evidence that will probably change the result of the applicant's conviction or adjudication if a new trial is granted and is not merely cumulative or impeaching; and (8) provide that the application is made to demonstrate innocence and not solely to delay the execution of a sentence or the administration of justice.
S.C. Code Ann. § 17-28-70 — SC Code / Title 17 / Chapter 28 / Article 1 / Section 17-28-70
SECTION 17-28-70. Preservation and management of physical evidence and biological material; wilful destruction of evidence.
Status: in_force

(A) The court shall order a custodian of evidence to preserve all physical evidence and biological material related to the applicant's conviction or adjudication pursuant to the provisions of Article 3, Chapter 28, Title 17. (B) The custodian of evidence shall prepare an inventory of the physical evidence and biological material and issue a copy of the inventory to the applicant, the solicitor or Attorney General, as applicable, and the court. (C) For physical evidence or biological material that the custodian of evidence asserts has been lost or destroyed, the court shall order a custodian of evidence to locate and provide the applicant and the solicitor or Attorney General, as applicable, with a copy of any document, note, log, or report relating to the physical evidence or biological material. (D) If no physical evidence or biological material is discovered, the court may order a custodian of evidence, in collaboration with law enforcement, to search physical evidence and biological material in the custodian of evidence's possession that would reasonably be expected to produce relevant physical evidence or biological material. The order shall provide that any physical evidence and biological material subject to this search must be adequately protected by the custodian of evidence, in collaboration with law enforcement, from interference by a third party, including, but not limited to, alteration, contamination, destruction, or tampering with the physical evidence and biological material and any chain of custody related to the physical evidence and biological material. (E) 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 section 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 subject to the provisions of Section 17-28-350.
S.C. Code Ann. § 17-22-60 — SC Code / Title 17 / Chapter 22 / Article 1 / Section 17-22-60
SECTION 17-22-60. Standards of eligibility for intervention program.
Status: in_force

Intervention is appropriate only where: (1) there is substantial likelihood that justice will be served if the offender is placed in an intervention program; (2) it is determined that the needs of the offender and the State can better be met outside the traditional criminal justice process; (3) it is apparent that the offender poses no threat to the community; (4) it appears that the offender is unlikely to be involved in further criminal activity; (5) the offender, in those cases where it is required, is likely to respond quickly to rehabilitative treatment; (6) the offender has no significant history of prior delinquency or criminal activity; (7) the offender has not previously been accepted in a pretrial intervention program.
S.C. Code Ann. § 17-22-300 — SC Code / Title 17 / Chapter 22 / Article 3 / Section 17-22-300
SECTION 17-22-300. Citation of article.
Status: in_force

This article may be cited as the "Traffic Education Program Act".
S.C. Code Ann. § 17-5-540 — SC Code / Title 17 / Chapter 5 / Article 7 / Section 17-5-540
SECTION 17-5-540. Coroner or medical examiner to notify Department of Child Fatalities of certain child deaths.
Status: in_force

The coroner or medical examiner, within twenty-four hours or one working day, whichever occurs first, must notify the Department of Child Fatalities when a child dies in the county he serves: (1) as a result of violence; (2) in any suspicious or unusual manner; or (3) when the death is unexpected and unexplained including, but not limited to, possible sudden infant death syndrome. Effect of Amendment 2014 Act No. 281, SECTION 10, added paragraph (1), and redesignated former paragraphs (2) and (3) accordingly; in paragraph (2), deleted ", as a result of violence, when unattended by a physician, and"; and deleted the former last undesignated paragraph, defining "unattended by a physician".
S.C. Code Ann. § 17-3-30 — SC Code / Title 17 / Chapter 3 / Article 1 / Section 17-3-30
SECTION 17-3-30. Affidavit of inability to employ counsel; payment of indigent's assets to state; application fee; waiver or reduction of fee; disposition of fee revenues; fund for screening applicants.
Status: in_force

(A) A person to whom counsel has been provided shall execute an affidavit that he is financially unable to employ counsel and that affidavit must set forth all his assets. If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets to the general fund of the State. (B) A forty dollar application fee for public defender services must be collected from every person who executes an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court or other appropriate official for a waiver or reduction in the application fee. If the clerk or other appropriate official determines that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee is waived or reduced, the clerk or appropriate official shall report the amount waived or reduced to the trial judge upon sentencing and the trial judge shall order the remainder of the fee paid during probation if the person is granted probation. The clerk of court or other appropriate official shall collect the application fee imposed by this section and remit the proceeds to the state fund on a monthly basis. The monies must be deposited in an interest-bearing account separate from the general fund and used only to provide for indigent defense services. The monies shall be administered by the Office of Indigent Defense. The clerk of court or other appropriate official shall maintain a record of all persons applying for representation and the disposition of the application and shall provide this information to the Office of Indigent Defense on a monthly basis as well as reporting the amount of funds collected or waived. (C) Sufficient funds shall be set aside from allocations provided for the defense of indigent to provide for adequate screening of applications for indigent assistance to ensure the applicant is qualified.
S.C. Code Ann. § 17-5-140 — SC Code / Title 17 / Chapter 5 / Article 3 / Section 17-5-140
SECTION 17-5-140. Funding for full-time county coroners; disbursement of remaining funds.
Status: in_force

(A) From the funds appropriated for the implementation of this section, and subject to the provisions of subsection (C), the State Treasurer shall disburse an equal amount to each county treasurer on a monthly basis. These funds must supplement, and not supplant, existing funds utilized for full-time county coroners. (B) From the funds received pursuant to this section, each county treasurer must pay the duly elected full-time coroner at least thirty-five thousand dollars annually. If the funds are not totally expended to pay the duly elected full-time coroner, then at the discretion of the coroner he may use the funds to hire a deputy coroner, administrative personnel, or personnel with forensic training. Also, the coroner may use the funds to provide an office or office equipment. (C) Upon disbursing thirty-five thousand dollars to each county treasurer in a fiscal year, the State Treasurer shall credit any remaining funds pursuant to subsection (D) to the full-time coroners of each county for the performance of their duties. The remaining funds shall be disbursed as follows: (1) For those counties with a population of one hundred fifty thousand and above, according to the latest official United States Decennial Census, each full-time coroner shall receive an equal share of fifty-five percent of the remaining funds. (2) For those counties with a population of at least fifty thousand but not more than one hundred forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, each full-time coroner shall receive an equal share of thirty-five percent of the remaining funds. (3) For those counties with a population of less than fifty thousand, according to the latest official United States Decennial Census, each full-time coroner shall receive an equal share of ten percent of the remaining funds. (D) Implementation of this section is contingent upon the appropriation of state general funds or the availability of financial support from other sources and must be operational within one year of adequate funding becoming available.
S.C. Code Ann. § 17-11-10 — SC Code / Title 17 / Chapter 11 / Section 17-11-10
SECTION 17-11-10. Agreement on detainers enacted into law; terms.
Status: in_force

The Agreement on Detainers is hereby enacted into law and entered into by this State with all other jurisdictions legally joining therein in the form substantially as follows: The contracting states solemnly agree that:
S.C. Code Ann. § 17-7-160 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-160
SECTION 17-7-160. Inquiry in case of suicide.
Status: in_force

If the jury so charged find that the deceased came to his death by his own felony they shall further inquire into the manner, means and instrument and into all the circumstances of the death.
S.C. Code Ann. § 17-5-150 — SC Code / Title 17 / Chapter 5 / Article 3 / Section 17-5-150
SECTION 17-5-150. Coroners and deputy coroners considered public safety officers.
Status: in_force

Coroners and deputy coroners are considered public safety officers under 34 U.S.C. Section 10281, et seq., if killed in the line of duty.
S.C. Code Ann. § 17-30-115 — SC Code / Title 17 / Chapter 30 / Section 17-30-115
SECTION 17-30-115. Interception of communications; requirements relating to specifications of facilities; exceptions.
Status: in_force

The requirements relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if: (1) in the case of an application with respect to the interception of an oral communication the: (a) application is initiated by the Chief of the South Carolina Law Enforcement Division (SLED) and is approved by the Attorney General or his designated Assistant Attorney General; (b) application contains a full and complete statement as to why the specification is not practical and identifies the person committing the offense and whose communications are to be intercepted; and (c) judge finds that the specification is not practical; and (2) in the case of an application with respect to a wire or electronic communication the: (a) application is initiated by the Chief of SLED and is approved by the Attorney General or his designated Assistant Attorney General; (b) application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing that there is probable cause to believe that the person's actions could have the effect of thwarting interception from a specified facility; (c) judge finds that such showing has been adequately made; and (d) order authorizing or approving the interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which the communication will be or was transmitted.
S.C. Code Ann. § 17-5-230 — SC Code / Title 17 / Chapter 5 / Article 5 / Section 17-5-230
SECTION 17-5-230. Medical examiner commission shall employ medical examiner; duties; assistants; facilities.
Status: in_force

The commission must employ a skilled physician or pathologist as medical examiner for the purpose of performing post-mortem examinations, autopsies, and the examination of other forms of evidence as required by this chapter. The medical examiner must, with the approval of the commission, employ such assistants as are necessary to carry out the purposes of this chapter. The commission must provide the medical examiner with facilities for proper pathological, toxicological, and other laboratory examinations as may be required in the performance of the medical examiner's duties. The commission may enter into an agreement for the use of the laboratory facilities as may be necessary.
S.C. Code Ann. § 17-22-150 — SC Code / Title 17 / Chapter 22 / Article 1 / Section 17-22-150
SECTION 17-22-150. Disposition of charges against offenders accepted for intervention program.
Status: in_force

(a) In the event an offender successfully completes a pretrial intervention program, the solicitor shall effect a noncriminal disposition of the charge or charges pending against the offender. Upon such disposition, the offender may apply to the court for an order to destroy all official records relating to his arrest and no evidence of the records pertaining to the charge may be retained by any municipal, county, or state entity or any individual, except as otherwise provided in Section 17-22-130. The effect of the order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest. No person as to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest in response to any inquiry made of him for any purpose. (b) In the event the offender violates the conditions of the program agreement: (1) the solicitor may terminate the offender's participation in the program, (2) the waiver executed pursuant to SECTION 17-22-90 shall be void on the date the offender is removed from the program for the violation and (3) the prosecution of pending criminal charges against the offender shall be resumed by the solicitor.
S.C. Code Ann. § 17-15-37 — SC Code / Title 17 / Chapter 15 / Section 17-15-37
SECTION 17-15-37. Regulations regarding electronic monitoring by SLED; electronic monitoring agency requirements.
Status: in_force

(A) The South Carolina Law Enforcement Division may promulgate regulations to effectuate the intent of Section 17-15-35 and this section, develop standards for the use and approval of active electronic monitoring devices, and shall certify electronic monitoring agencies, including law enforcement agencies, electronic monitoring companies, and bondsmen and bonding companies. SLED must keep a public list of those companies that are certified. (B) The approved electronic monitoring agency must: (1) provide active electronic monitoring devices or mobile phone applications approved by SLED that must provide verifiable identity and location information at regular and random intervals throughout the day, and that timely record and report the person's presence near or within a prohibited area or the person's departure from a specified geographic location; (2) allow any law enforcement agency, including the prosecutor's office, to have access to real-time monitoring, if possible, and any reports requested by law enforcement or the prosecution must be provided within twenty-four hours of the request; (3) notify the solicitor having jurisdiction over the participant and the bondsman within forty-eight hours when he becomes aware or should have become aware that the participant has violated any provision of the court's order for electronic monitoring, or the participant has been surrendered to the custody of law enforcement; and (4) immediately notify local law enforcement and make reasonable attempts to immediately notify the victim if the participant violates any exclusion zones related to the victim. (C) Failure of the electronic monitoring agency to maintain compliance with regulations established by SLED, the order of the court, or any applicable statute shall be reported to SLED by the solicitor for administrative action. SLED may impose a fine, or suspend or revoke the certification for any approved agency who demonstrates a failure to maintain the standards and reporting requirements set forth under the regulations and appropriate statutes. Editor's Note 2023 Act No. 83, SECTION 19, provides as follows: "SECTION 19. This act takes effect upon approval by the Governor; however, the provisions of Sections 17-15-35 and 17-15-37 take effect six months after approval by the Governor, and the provisions of Section 38-53-10(12) take effect July 1, 2024."
S.C. Code Ann. § 17-15-210 — SC Code / Title 17 / Chapter 15 / Section 17-15-210
SECTION 17-15-210. Receipt for deposit given in lieu of bond, recognizance, or undertaking.
Status: in_force

Whenever any sum of money is so deposited in lieu of a bond, recognizance or undertaking the party depositing it shall be entitled to a receipt therefor, stating that the sum of money has been deposited and is held for the same purpose as would have been specified and conditioned in the bond, recognizance or undertaking in lieu whereof the sum of money is so deposited.
S.C. Code Ann. § 17-7-20 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-20
SECTION 17-7-20. Requirement of preliminary examination before formal inquest; issuance of burial permit, conclusion of inquiry or formal inquest.
Status: in_force

Whenever a body is found dead and an investigation or inquest is deemed advisable the coroner or the magistrate acting as coroner, as the case may be, shall go to the body and examine the witnesses most likely to be able to explain the cause of death, take their testimony in writing and decide for himself whether there ought to be a trial or whether blame probably attaches to any living person for the death, and if so and if he shall receive the written request, if any, required by SECTION 17-7-50, he shall proceed to summon a jury and hold a formal inquest as required by law. But if there be, in his judgment, no apparent or probable blame against living persons as to the death he shall issue a burial permit and all further inquiry or formal inquest shall be dispensed with. Provided, however, that the coroner of Charleston County is authorized and empowered to issue a death certificate.
S.C. Code Ann. § 17-17-60 — SC Code / Title 17 / Chapter 17 / Section 17-17-60
SECTION 17-17-60. Service of writ.
Status: in_force

The writ shall be served upon the officer or left at the jail or prison with any of the underofficers, underkeepers or deputies of any such officer or keeper.
S.C. Code Ann. § 17-28-90 — SC Code / Title 17 / Chapter 28 / Article 1 / Section 17-28-90
SECTION 17-28-90. Hearing; factors to be proved; orders relating to DNA samples.
Status: in_force

(A) The application must be heard in, and before a judge of, the general sessions court or family court in which the conviction or adjudication took place. A record of the proceedings must be made and preserved. All rules and statutes applicable in criminal proceedings are available to the applicant and the solicitor or Attorney General, as applicable. (B) The court shall order DNA testing of the applicant's DNA and the physical evidence or biological material upon a finding that the applicant has established each of the following factors by a preponderance of the evidence: (1) the physical evidence or biological material to be tested is available and is potentially in a condition that would permit the requested DNA testing; (2) the physical evidence or biological material to be tested has been subject to a chain of custody sufficient to establish it has not been substituted, tampered with, replaced, or altered in any material aspect, or the testing itself may establish the integrity of the physical evidence or biological material; (3) the physical evidence or biological material sought to be tested is material to the issue of the applicant's identity as the perpetrator of, or accomplice to, the offense notwithstanding the fact that the applicant may have pled guilty or nolo contendere or made or is alleged to have made an incriminating statement or admission as to identity; (4) the DNA results of the physical evidence or biological material sought to be tested would be material to the issue of the applicant's identity as the perpetrator of, or accomplice to, the offense notwithstanding the fact that the applicant may have pled guilty or nolo contendere or made or is alleged to have made an incriminating statement or admission as to identity; (5) if the requested DNA testing produces exculpatory results, the testing will constitute new evidence that will probably change the result of the applicant's conviction or adjudication if a new trial is granted and is not merely cumulative or impeaching; (6) the physical evidence or biological material sought to be tested was not previously subjected to DNA testing, or if the physical evidence or biological material sought to be tested was previously subjected to DNA testing, the requested DNA test would provide a substantially more probative result; and (7) the application is made to demonstrate innocence and not solely to delay the execution of a sentence or the administration of justice. (C) The court shall order that any sample taken of the applicant's DNA for purposes of DNA testing pursuant to this article or for submission to SLED pursuant to subsection (F) be taken by a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, laboratory technician, or other appropriately trained health care worker. The applicant's counsel, if any, and the solicitor or Attorney General, as applicable, must be allowed to observe the taking of any sample. (D) The court shall order that the applicant's DNA sample and the physical evidence or biological material be tested by SLED, a local Combined DNA Index System (CODIS) laboratory, or prior to any testing, any other laboratory approved by SLED, in an effort to ensure that the results may be entered into the State DNA Database and Combined DNA Index System. Any other type of DNA testing ordered by the court shall be conducted in consultation with SLED or a local CODIS laboratory. (E) The court shall order that the applicant pay the costs of the DNA testing. If the applicant is indigent, the costs of the DNA testing shall be paid by the State. (F) The court shall order that a sample of the applicant's DNA be submitted to SLED to compare with profiles in the State DNA Database and any federal or other law enforcement DNA database in compliance with National DNA Index System (NDIS) procedures. The sample must be submitted regardless of any previous samples submitted by the applicant. If the comparison matches a DNA profile for the offense for which the applicant was convicted or adjudicated, the DNA profile may be retained in the State DNA Database. If the comparison does not match a DNA profile for the offense for which the applicant was convicted or adjudicated, but results in a match with a DNA profile for any other offense, the DNA profile may be retained in the State DNA Database. SLED shall notify the appropriate law enforcement agency. If the comparison does not match a DNA profile for any offense, the DNA record must be destroyed. Any previous profiles must be maintained by SLED subject to the State DNA Database Act. SLED shall report to the court, the applicant, and the solicitor or Attorney General, as applicable, the results of all DNA database comparisons. The victim must be notified of the results of all DNA database comparisons pursuant to Article 15, Chapter 3, Title 16. (G) The applicant and the solicitor or Attorney General, as applicable, shall have the right to appeal a final order denying or granting DNA testing by a writ of certiorari to the Court of Appeals or the Supreme Court as provided by the South Carolina Appellate Court Rules.
S.C. Code Ann. § 17-17-10 — SC Code / Title 17 / Chapter 17 / Section 17-17-10
SECTION 17-17-10. Persons entitled to writ of habeas corpus.
Status: in_force

If any person shall be or stand committed or detained for any crime, unless (a) for felony the punishment of which is death or treason, plainly expressed in the warrant of commitment, (b) charged as accessory before the fact to treason or felony the punishment of which is death or (c) charged with suspicion of treason or felony which is punishable with death, which shall be plainly expressed in the warrant of commitment, he shall be entitled to the writ of habeas corpus.
S.C. Code Ann. § 17-3-90 — SC Code / Title 17 / Chapter 3 / Article 1 / Section 17-3-90
SECTION 17-3-90. Vouchers for payment for services by private appointed counsel and for reimbursement of expenses; approval and submission for payment.
Status: in_force

Private, appointed counsel shall submit a voucher to the Office of Indigent Defense setting forth all details of the appointment for purposes of remuneration pursuant to Section 17-3-50 and reimbursement of expenses pursuant to Section 17-3-80, and the public defender shall do likewise pursuant to Section 17-3-80. It is the duty of the Office of Indigent Defense to present the voucher to the trial judge for approval and to transmit the same to the Comptroller General for payment to the appropriate party.
S.C. Code Ann. § 17-25-110 — SC Code / Title 17 / Chapter 25 / Article 1 / Section 17-25-110
SECTION 17-25-110. Suspension of sentence shall run for period of time prescribed by judge.
Status: in_force

When the sentence of any person who has been sentenced by a court of competent jurisdiction of this State shall be suspended by a judge of such court such suspension shall run for the period of time prescribed by such judge in the sentence or order of suspension and no person who has had a sentence so suspended shall be called back and required to do service under such sentence beyond and after the expiration of such period.
S.C. Code Ann. § 17-13-10 — SC Code / Title 17 / Chapter 13 / Section 17-13-10
SECTION 17-13-10. Circumstances when any person may arrest a felon or thief.
Status: in_force

Upon (a) view of a felony committed, (b) certain information that a felony has been committed or (c) view of a larceny committed, any person may arrest the felon or thief and take him to a judge or magistrate, to be dealt with according to law.
S.C. Code Ann. § 17-7-310 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-310
SECTION 17-7-310. Return of inquisition and evidence to clerk.
Status: in_force

The original inquisition and evidence, as taken by him, shall be returned by the coroner within ten days next after the finding thereof to the clerk of the court of general sessions for the county in which it was found.
S.C. Code Ann. § 17-25-530 — SC Code / Title 17 / Chapter 25 / Article 5 / Section 17-25-530
SECTION 17-25-530. Civil action to recover profits; limitations; action by Office of Victim Assistance to recover payments and expenses.
Status: in_force

(A) Notwithstanding any other provision of law or rule of civil procedure, an eligible person has the right to bring a civil action in a court of competent jurisdiction to recover money damages from an offender or the legal representative of that offender within three years of the discovery of the existence of any profits from the crime. Damages awarded in this action are recoverable only up to the value of the profits from the crime. (B) If an action is filed under this article after the expiration of all other applicable statutes of limitation, any other eligible person must file an action for damages as a result of the crime within three years of: (1) the actual discovery of the existence of the profits from the crime; or (2) actual notice received from or notice published by the office of the discovery of the existence of profits, whichever is later. (C) If profits from a crime remain after the payment of all claims made under this article, the office has the right to bring an action in a court of competent jurisdiction against an offender or the legal representative of that offender within two years of the discovery of the existence of any profits to recover payments made by the office pursuant to Article 13, Chapter 3 of Title 16 and expenses incurred by the office pursuant to Article 13, 14, or 15 of Chapter 3 of Title 16 or Section 24 of Article 1 of the South Carolina Constitution with regard to the crime or the offender in question.
S.C. Code Ann. § 17-5-90 — SC Code / Title 17 / Chapter 5 / Article 3 / Section 17-5-90
SECTION 17-5-90. Coroner may not act under appointment of sheriff.
Status: in_force

No coroner may act as jailer or deputy sheriff or under any appointment by a sheriff, and if he accepts or acts under the appointment of the sheriff of his county, the coroner's office must be vacated and must be filled in the manner provided by law in case of vacancy from any other cause.
S.C. Code Ann. § 17-30-60 — SC Code / Title 17 / Chapter 30 / Section 17-30-60
SECTION 17-30-60. Seizure and forfeiture.
Status: in_force

Any electronic, mechanical, or other device used, sent, carried, manufactured, assembled, possessed, or sold in violation of this chapter may be seized and forfeited to the State.
S.C. Code Ann. § 17-3-530 — SC Code / Title 17 / Chapter 3 / Article 5 / Section 17-3-530
SECTION 17-3-530. Chief county public defenders; responsibilities and duties.
Status: in_force

(A) Each circuit public defender may employ, assign, and supervise one or more chief county public defenders in the counties within the circuit to assist in managing, supervising, and providing indigent defense representation in the circuit. (B) Each chief county public defender must be responsible for: (1) managing, supervising, and providing public defender services within the assigned county or counties; (2) performing other duties as assigned by the circuit public defender, including duties that may be assigned throughout the circuit; and (3) keeping a record of public defender and associated services and expenses in the assigned county or counties and submitting the records to the circuit public defender as requested.
S.C. Code Ann. § 17-21-50 — SC Code / Title 17 / Chapter 21 / Section 17-21-50
SECTION 17-21-50. Venue for trial of accessories before the fact.
Status: in_force

A person charged as an accessory before the fact may be indicted, tried and punished in the same court and county in which the principal felon might be indicted and tried, although the offense of counseling, hiring or procuring the commission of such felony is committed on the high seas or on land outside of the county either within or without the limits of this State.
S.C. Code Ann. § 17-19-80 — SC Code / Title 17 / Chapter 19 / Section 17-19-80
SECTION 17-19-80. Person indicted for capital offense shall have copy of indictment.
Status: in_force

Whoever shall be accused and indicted for any capital offense whatsoever shall have a true copy of the whole indictment, but not the names of the witnesses, delivered to him, three days at least before he shall be tried for such offense, whereby to enable him to advise with counsel thereupon, his attorney, agent or any of them requiring the copy, paying the officer his usual fees for the copy of every such indictment.
S.C. Code Ann. § 17-23-130 — SC Code / Title 17 / Chapter 23 / Section 17-23-130
SECTION 17-23-130. Immediate disposition of certain misdemeanors or felonies; waiver of presentment by grand jury and plea of guilty.
Status: in_force

Upon receipt by the solicitor of the warrant forwarded to him pursuant to the provisions of Section 17-23-120, he may forthwith prepare a formal indictment as now provided by law in such cases and shall return it to the clerk of court. The clerk of court shall then notify the sheriff or one of his duly authorized deputies to bring the defendant before the clerk at a time and place to be stated in the notice at which time the clerk shall have the defendant sign a waiver of the presentment by the grand jury and his plea of guilty; provided, that no plea shall be entered or made under this section except by and with the consent of the solicitor of the circuit after investigation by such solicitor.
S.C. Code Ann. § 17-7-170 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-170
SECTION 17-7-170. Coroner's power to issue warrants and to summon and examine witnesses.
Status: in_force

The coroner may issue warrants, summon witnesses and examine before the jury any person present, whether summoned or not, concerning the death. He shall serve a notice of hearing on any person who has been served with an arrest warrant charging him with causing death of the subject of the inquest. The notice of hearing shall be served at least four days prior to the inquest.
S.C. Code Ann. § 17-28-120 — SC Code / Title 17 / Chapter 28 / Article 1 / Section 17-28-120
SECTION 17-28-120. Administration expenditure limitation.
Status: in_force

No more than one hundred fifty thousand dollars may be expended from the general fund in any fiscal year to administer the provisions of this article.
S.C. Code Ann. § 17-22-90 — SC Code / Title 17 / Chapter 22 / Article 1 / Section 17-22-90
SECTION 17-22-90. Agreements required of offender in program.
Status: in_force

An offender who enters an intervention program shall: (1) waive, in writing and contingent upon his successful completion of the program, his right to a speedy trial; (2) agree, in writing, to the tolling while in the program of all periods of limitation established by statutes or rules of court; (3) agree, in writing, to the conditions of the intervention program established by the solicitor; (4) in the event there is a victim of the crime, agree, in writing, to make restitution to the victim within a specified period of time and in an amount to be determined by the solicitor; (5) agree, in writing, that records relating to participation in pretrial intervention or information obtained through pretrial intervention is not admissible as evidence in subsequent proceedings, criminal or civil, and communication between pretrial intervention counselors and defendants shall remain as privileged communication unless a court of competent jurisdiction determines that there is a compelling public interest that the communication be revealed. A written admission of guilt may not be required of a defendant before acceptance or completion of the pretrial intervention program; (6) if the offense is criminal sexual conduct with a minor in the third degree pursuant to Section 16-3-655(C), agree in the agreement between the solicitor's office and the offender as provided in Section 17-22-120 to allow information about the offense to be made available to day care centers, group day care homes, family day care homes, church or religious day care centers, and other facilities providing care to children and related agencies by the State Law Enforcement Division pursuant to regulations which the State Law Enforcement Division shall promulgate; and (7) if the offense is domestic violence pursuant to Section 16-25-20, agree in writing to successful completion of a batterer's treatment program selected and approved by the Circuit Solicitor with jurisdiction over the offense or the Attorney General if the offense is prosecuted by the Attorney General's Office. If the offender moves to a different circuit after entering a treatment program selected by the Circuit Solicitor, the Circuit Solicitor for the county in which the offender resides shall have the authority to select and approve the batterer's treatment program. Effect of Amendment 2015 Act No. 58, SECTION 19, rewrote (7).
S.C. Code Ann. § 17-30-85 — SC Code / Title 17 / Chapter 30 / Section 17-30-85
SECTION 17-30-85. Information to be specified in order.
Status: in_force

Each order authorizing or approving the interception of any wire, oral, or electronic communication must specify: (1) the identity of the person, if known, whose communications are to be intercepted; (2) the nature and location of the communications facilities as to which, or the place where, authority to intercept is granted; (3) a particular description of the type of communication sought to be intercepted and a statement of the particular offense to which it relates; (4) the identity of the agency authorized to intercept the communications and of the person authorizing the application; and (5) the period of time during which the interception is authorized, including a statement as to whether or not the interception automatically terminates when the described communication has been first obtained. An order authorizing the interception of a wire, oral, or electronic communication, upon the request of the applicant, must direct that a provider of wire or electronic communication service, landlord, custodian, or other person must furnish the applicant at once all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that the service provider, landlord, custodian, or person is according the person whose communications are to be intercepted. The obligation of a provider of wire, oral, or electronic communication service under such an order may include, but is not limited to, conducting an in-progress trace during an interception, or providing other assistance to support the investigation as may be specified in the order.
S.C. Code Ann. § 17-28-80 — SC Code / Title 17 / Chapter 28 / Article 1 / Section 17-28-80
SECTION 17-28-80. Preservation of test reports.
Status: in_force

For any physical evidence or biological material previously subjected to DNA testing whether by the applicant or the solicitor or Attorney General, as applicable, the court shall order the production of all written reports and laboratory reports prepared in connection with the DNA testing, including the underlying data and laboratory notes.
S.C. Code Ann. § 17-13-47 — SC Code / Title 17 / Chapter 13 / Section 17-13-47
SECTION 17-13-47. Arrest in State by officer from Georgia or North Carolina; procedure for determining lawfulness of arrest; extradition.
Status: in_force

(A) A law enforcement officer from Georgia or North Carolina who enters this State in fresh pursuit of a person has the same authority to arrest and hold in custody the person within this State as a law enforcement officer of this State has to arrest and hold in custody a person for committing a criminal offense in this State. (B)(1) When an arrest is made in this State by a law enforcement officer of another state pursuant to subsection (A), the law enforcement officer must, without unnecessary delay, take the person arrested before a judicial official of this State. (2) The judicial official must conduct a hearing for the limited purpose of determining whether the arrest meets the requirements of this section unless the person arrested executes a written waiver of his right to a hearing under this section. If the judicial official determines that the arrest was unlawful, he must discharge the person arrested. If the judicial official determines that the arrest was lawful, he must commit the person arrested to imprisonment for twenty days as provided in Section 17-9-10. Once the person is imprisoned pursuant to this section, the provisions of Title 17, Chapter 9 govern the extradition and return of the person to the state in which the criminal offense was committed. (C) For the purpose of this section: (1) "Law enforcement officer" means an appointed officer or employee who is hired by and regularly on the payroll of a state or any political subdivision, who is granted the statutory authority to enforce all or some of the criminal, traffic, or penal laws of their respective state, and who is granted or possesses with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed. (2) "Fresh pursuit" means a pursuit by a law enforcement officer of a person who is in the immediate and continuous flight from the commission of a criminal offense. (D) The authority granted by this section is limited to criminal offenses of the pursuing state that also are criminal offenses under the laws of this State and that are punishable by death or imprisonment in excess of one year under the laws of the pursuing state. (E) This section applies only to a law enforcement officer from Georgia or North Carolina if the officer's employing or appointing state has enacted a provision similar to this section relating to the arrest and custody of a person pursued into a neighboring state.
S.C. Code Ann. § 17-27-80 — SC Code / Title 17 / Chapter 27 / Section 17-27-80
SECTION 17-27-80. Hearing on application; final judgment.
Status: in_force

The application shall be heard in, and before any judge of, a court of competent jurisdiction in the county in which the conviction took place. A record of the proceedings shall be made and preserved. All rules and statutes applicable in civil proceedings are available to the parties. The court may receive proof by affidavits, depositions, oral testimony or other evidence and may order the applicant brought before it for hearing. If the court finds in favor of the applicant, it shall enter an appropriate order with respect to the conviction or sentence in the former proceedings, and any supplementary orders as to rearraignment, retrial, custody, bail, discharge, correction of sentence or other matters that may be necessary and proper. The court shall make specific findings of fact, and state expressly its conclusions of law, relating to each issue presented. This order is a final judgment.
S.C. Code Ann. § 17-22-10 — SC Code / Title 17 / Chapter 22 / Article 1 / Section 17-22-10
SECTION 17-22-10. Short title.
Status: in_force

This article may be cited as the "Pretrial Intervention Act."
S.C. Code Ann. § 17-15-270 — SC Code / Title 17 / Chapter 15 / Section 17-15-270
SECTION 17-15-270. Additional offense for persons violating bond; violent crimes.
Status: in_force

(A) It is unlawful for a person to commit a violent crime while under a bond order or other pretrial release order for a previous violent crime. If the person is convicted of the subsequent violent crime, and is thereafter convicted of a violation of this section, the person is guilty of a felony and must be imprisoned not more than five years. The sentence may be imposed concurrently or consecutively to the punishment for the principal offense. (B) For purposes of this section: (1) a violent crime is defined as those contained in Section 16-1-60; (2) a subsequent violent crime is one that occurs at a later date and time than the offense that resulted in the imposition of the bond order or other pretrial release order.
S.C. Code Ann. § 17-5-530 — SC Code / Title 17 / Chapter 5 / Article 7 / Section 17-5-530
SECTION 17-5-530. Duty to notify coroner's or medical examiner's office of certain deaths and stillbirths; inquiry; findings; notification of next-of-kin; consent for certain actions.
Status: in_force

(A) If a person dies: (1) as a result of violence; (2) as a result of apparent suicide; (3) when in apparent good health; (4) when unattended by a physician; (5) in any suspicious or unusual manner; (6) while an inmate of a penal or correctional institution; (7) as a result of stillbirth when unattended by a physician; or (8) in a health care facility, as defined in Section 44-7-130(10) other than nursing homes, within twenty-four hours of entering a health care facility or within twenty-four hours after having undergone an invasive surgical procedure at the health care facility; a person having knowledge of the death immediately shall notify the county coroner's or medical examiner's office. This procedure also must be followed upon discovery of anatomical material suspected of being or determined to be a part of a human body. (B) The coroner or medical examiner shall make an immediate inquiry into the cause and manner of death and shall reduce the findings to writing on forms provided for this purpose. If the inquiry is made by a medical examiner, the medical examiner shall retain one copy of the form and forward one copy to the coroner. In the case of violent death, one copy must be forwarded to the county solicitor of the county in which the death occurred. (C) The coroner or medical examiner shall notify in writing the deceased person's next-of-kin, if known, that in the course of performing the autopsy, body parts may have been retained for the purpose of investigating the cause and manner of death. (D) In performing an autopsy or post-mortem examination, no body parts, as defined in Section 44-43-305, removed from the body may be used for any purpose other than to determine the cause or manner of death unless the person authorized to consent, as defined in Section 44-43-315, has given informed consent to the procedure. The person giving the informed consent must be given the opportunity to give informed consent and authorize the procedure on a witnessed, written consent form using language understandable to the average lay person after face-to-face communication with a physician, coroner, or medical examiner about the procedure. If the person authorizing the procedure is unable to consent in person, consent may be given through a recorded telephonic communication. (E) If the coroner or medical examiner orders an autopsy upon review of a death pursuant to item (8) of subsection (A), the autopsy must not be performed: (1) at the health care facility where the death occurred; (2) by a physician who treated the patient; or (3) by a physician who is employed by the health care facility in which the death occurred; unless the coroner or medical examiner certifies that no reasonable alternative exists.
S.C. Code Ann. § 17-9-70 — SC Code / Title 17 / Chapter 9 / Section 17-9-70
SECTION 17-9-70. Governor shall approve accounts; payment.
Status: in_force

Upon presentation to the Governor of the accounts of such agents, itemized and duly verified by their affidavits thereto annexed, the Governor, if he approve such accounts as correct, shall endorse his approval thereon and, upon presentation of the accounts so endorsed to the Comptroller General, he shall draw his warrants on the State Treasurer for the amount thereof, payable out of the regular contingent fund of the Governor.
S.C. Code Ann. § 17-3-55 — SC Code / Title 17 / Chapter 3 / Article 1 / Section 17-3-55
SECTION 17-3-55. Carry-forward of unpaid obligations.
Status: in_force

Notwithstanding any other provision of law, the Commission on Indigent Defense is authorized to carry forward unpaid obligations incurred and received for payment in one fiscal year and to pay, to the extent possible, these obligations from funds appropriated in the next year's budget.
S.C. Code Ann. § 17-3-45 — SC Code / Title 17 / Chapter 3 / Article 1 / Section 17-3-45
SECTION 17-3-45. Affidavit of assets of persons seeking appointed counsel; application fee; claim against assets and estate of person provided counsel.
Status: in_force

(A) A person to whom counsel has been provided in any court in this State shall execute an affidavit that the person is financially unable to employ counsel and that affidavit shall set forth all of the person's assets. If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets or a portion thereof to the Office of Indigent Defense. (B) A forty dollar application fee for appointed counsel services must be collected from every person who executes an affidavit that they are financially unable to employ counsel. The person may apply to the court, the clerk of court, or other appropriate official for a waiver or reduction in the application fee. If it is determined that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee is waived or reduced, the clerk or appropriate official shall report the amount waived or reduced to the trial judge and the trial judge shall order the remainder of the fee paid during probation if the person is granted probation or by a time payment method if probation is not granted or appropriate. The clerk of court or other appropriate official shall collect the application fee imposed by this section and remit the proceeds to the Public Defender Application Fund on a monthly basis. The monies must be deposited in an interest-bearing account separate from the general fund and used only to provide for indigent defense services. The monies shall be administered by the Office of Indigent Defense. The clerk of court or other appropriate official shall maintain a record of all persons applying for representation and the disposition of the application and shall provide this information to the Office of Indigent Defense on a monthly basis as well as reporting the amount of funds collected or waived. (C) In matters in which a juvenile is brought before a court, the parents or legal guardian of such juvenile shall execute the above affidavit based upon their financial status and shall be responsible for paying any fee. In juvenile matters, the parents or legal guardians of the juvenile, must be advised in writing of this requirement at the earliest stage of the proceedings against the juvenile. (D) Nothing contained in this section restricts or hinders a court from appointing counsel in any emergency proceedings or where there is not sufficient time for an individual to complete the application process. (E) The appointment of counsel creates a claim against the assets and estate of the person who is provided counsel or the parents or legal guardians of a juvenile in an amount equal to the costs of representation as determined by a voucher submitted by the appointed counsel and approved by the court, less that amount that the person pays either to the appointed counsel or defender corporation of the county or counties where he is represented or to the Office of Indigent Defense. The claim shall be filed in the office of the clerk of court in the county where the person is assigned counsel, but the filing of a claim shall not constitute a lien against real or personal property of the person unless, in the discretion of the court, part or all of such claim is reduced to judgment by appropriate order of the court, after serving the person with at least thirty days' notice that judgment will be entered. When a claim is reduced to judgment, it shall have the same effect as judgments, except as modified by this chapter. (F) The court may, in its discretion, order any claim or judgment waived, modified, or withdrawn.
S.C. Code Ann. § 17-5-590 — SC Code / Title 17 / Chapter 5 / Article 7 / Section 17-5-590
SECTION 17-5-590. Disposition of remains of unidentified dead bodies.
Status: in_force

(A) If the body of a dead person is unidentifiable, the remains may not be cremated for at least thirty days. The coroner or medical examiner must have the remains buried or interred in a cemetery in the county in which the remains were found. (B) If a coroner has possession of human remains that have been identified and the deceased person has been determined to be an unclaimed veteran, then the coroner must release the remains to a funeral home, funeral establishment, or mortuary for disposition pursuant to the provisions of Chapter 12, Title 25. Effect of Amendment 2024 Act No. 142, SECTION 4, inserted the (A) designator and added (B).
S.C. Code Ann. § 17-23-162 — SC Code / Title 17 / Chapter 23 / Section 17-23-162
SECTION 17-23-162. Presence of affiant or arresting officer to testify at preliminary hearing.
Status: in_force

The affiant listed on an arrest warrant or the chief investigating officer for the case must be present to testify at the preliminary hearing of the person arrested pursuant to the warrant.
S.C. Code Ann. § 17-7-230 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-230
SECTION 17-7-230. Coroner shall take testimony in writing and bind over or commit witnesses.
Status: in_force

The testimony of all witnesses examined upon an inquest shall be taken down in writing by the coroner and signed by the witnesses. If the testimony given tends to incriminate any person as concerned in the death of the deceased the coroner shall bind over the witness who gave it, in recognizance, with sufficient surety, to appear at the next court of general sessions to be holden for the county to give evidence concerning the death and such witness, for refusing to enter into such recognizance, shall be committed by the coroner to the jail of the county, by warrant under his hand and seal, there to be kept until the session of the court or until he shall enter into recognizance as required.
S.C. Code Ann. § 17-25-140 — SC Code / Title 17 / Chapter 25 / Article 2 / Section 17-25-140
SECTION 17-25-140. Definitions.
Status: in_force

For purposes of this article the following definitions apply: (1) "Targeted offenders" means criminal defendants not previously convicted of a violent crime as defined in SECTION 16-1-60 and who have not yet been convicted in a pending indictment and are determined by the community penalties program staff to face an imminent and substantial threat of imprisonment, with the exception of criminal defendants charged with a violent crime as defined in SECTION 16-1-60; provided, a targeted offender shall not mean a criminal defendant who has previously participated in a community penalties program or a pretrial intervention program. (2) "Community penalty plan" means a plan presented in writing to the solicitor and presiding judge after an adjudication of guilt which provides a detailed description of the targeted offender's proposed specific plan for sentencing in the case; (3) "Community penalties program" means an agency or individual within the judicial circuit which shall prepare community penalty plans and arrange or contract with public or private agencies for necessary services for offenders.
S.C. Code Ann. § 17-30-75 — SC Code / Title 17 / Chapter 30 / Section 17-30-75
SECTION 17-30-75. Disclosure of content of intercepted communication.
Status: in_force

(A) Any SLED agent who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived from it may disclose the contents to an attorney authorized by law to investigate and institute any action on behalf of the State of South Carolina or political subdivision of the State, or to another SLED agent, investigative, or law enforcement officer to the extent that the disclosure is appropriate to the proper performance of the official duties of the officer or person making or receiving the disclosure. (B) Any SLED agent, investigative, or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived from it may use the contents to the extent the use is appropriate to the proper performance of his official duties. (C) Any person who has received, by any means authorized by this chapter, or by the laws of any other state or the United States, any information concerning a wire, oral, or electronic communication or evidence derived from it, intercepted in accordance with the provisions of this chapter, may disclose the contents of that communication or the derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court of the State or of the United States or in any grand jury proceedings. (D) No otherwise privileged wire, oral, or electronic communication intercepted in accordance with or in violation of the provisions of this chapter loses its privileged character. (E) When a SLED agent, while engaged in intercepting wire, oral, or electronic communications in the manner authorized by this chapter, intercepts wire, oral, or electronic communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof and evidence derived from it may be disclosed or used as provided in subsections (A) and (B). The contents and any evidence derived from it may be used under subsection (C) when authorized or approved by a judge of competent jurisdiction when the judge finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of this chapter. The application must be made as soon as practicable.
S.C. Code Ann. § 17-1-50 — SC Code / Title 17 / Chapter 1 / Section 17-1-50
SECTION 17-1-50. Interpreters in criminal proceedings.
Status: in_force

(A) As used in this section: (1) "Certified interpreter" means an interpreter who meets the standards contained in subitem (A)(4) and is certified by the administrative office of the United States courts, by the office of the administrator for the state courts, or by a nationally recognized professional organization. (2) "Legal proceeding" means a proceeding in which a nonEnglish speaking person is a party or a witness. (3) "NonEnglish speaking person" means a party or a witness participating in a legal proceeding who has limited ability to speak or understand the English language. (4) "Qualified interpreter" means a person who: (a) is eighteen years of age or older; (b) is not a family member of a party or a witness; (c) is not a person confined to an institution; and (d) has education, training, or experience that enables him to speak English and a foreign language fluently, and is readily able to interpret simultaneously and consecutively and to sight-translate documents from English into the language of a nonEnglish speaking person, or from the language of that person into spoken English. (5) "Victim" means a victim as defined in Section 16-3-1110. (6) "Witness" means a person who testifies in a legal proceeding. (B)(1) Notwithstanding any other provision of law, whenever a party, witness, or victim in a criminal legal proceeding does not sufficiently understand or speak the English language to comprehend the proceeding or to testify, the court must appoint a certified or otherwise qualified interpreter to interpret the proceedings to the party or victim or to interpret the testimony of the witness. (2) However, the court may waive the use of a certified or otherwise qualified interpreter if the court finds that it is not necessary for the fulfillment of justice. The court must first make a finding on the record that the waiver of a certified or otherwise qualified interpreter is requested by a nonEnglish speaking party, witness, or victim in a legal proceeding; that the waiver has been made knowingly, voluntarily, and intelligently; and that granting the waiver is in the best interest of justice. (C) The selection, use, and reimbursement of interpreters must be determined under such guidelines as may be established by the Chief Justice of the Supreme Court. All fees for interpreting services must be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly. (D) The Division of Court Administration must maintain a centralized list of certified or otherwise qualified interpreters to interpret the proceedings to a party and testimony of a witness. A party or a witness is not precluded from using a qualified interpreter who is not on the centralized list as long as the interpreter meets the requirements of subitem (A)(4) and submits a sworn affidavit to the court specifying his qualifications or submits to a voir dire by the court.
S.C. Code Ann. § 17-25-160 — SC Code / Title 17 / Chapter 25 / Article 2 / Section 17-25-160
SECTION 17-25-160. Funds for implementing program.
Status: in_force

The funds for implementing the provisions of the Community Penalties Program established in this article must be provided by the General Assembly in the annual general appropriations act from funds available pursuant to SECTION 14-1-210 of the 1976 Code.
S.C. Code Ann. § 17-25-323 — SC Code / Title 17 / Chapter 25 / Article 3 / Section 17-25-323
SECTION 17-25-323. Continuing jurisdiction over court-ordered payments; default; hearing to show cause; enforcement; entry in records; satisfaction of judgment.
Status: in_force

(A) The trial court retains jurisdiction of the case for the purpose of modifying the manner in which court-ordered payments are made until paid in full, or until the defendant's active sentence and probation or parole expires. (B) When a defendant is placed on probation by the court or parole by the Board of Probation, Parole and Pardon Services, and ordered to make restitution, and the defendant is in default in the payment of them or any installment or any criminal fines, surcharges, assessments, costs, and fees ordered, the court, before the defendant completes his period of probation or parole, on motion of the victim or the victim's legal representative, the Attorney General, the solicitor, or a probation and parole agent, or upon its own motion, must hold a hearing to require the defendant to show cause why his default should not be treated as a civil judgment and a judgment lien attached. The court must enter: (1) judgment in favor of the State for the unpaid balance, if any, of any fines, costs, fees, surcharges, or assessments imposed; and (2) judgment in favor of each person entitled to restitution for the unpaid balance if any restitution is ordered plus reasonable attorney's fees and cost ordered by the court. (C) When a defendant is ordered to make restitution by a magistrate or municipal court, and the defendant is in default in the payment of restitution or of any installment or any criminal fines, surcharges, assessments, costs, and fees ordered, the magistrate or municipal court, within one year of the imposition of the sentence, on motion of the victim or the victim's legal representative, the Attorney General, the solicitor, or the prosecuting law enforcement agency, or upon its own motion, must hold a hearing to require the defendant to show cause why his default should not be treated as a civil judgment and a judgment lien attached. The magistrate or municipal court must enter: (1) judgment in favor of the State for the unpaid balance, if any, of any fines, costs, fees, surcharges, or assessments imposed; and (2) judgment in favor of each person entitled to restitution for the unpaid balance if any restitution is ordered plus reasonable attorney's fees and cost ordered by the court. Notwithstanding the provisions of Section 14-25-65, municipal courts shall have the authority and jurisdiction to convert unpaid restitution, fines, costs, fees, surcharges, and assessments to civil judgments. The magistrate or municipal court, upon a conversion to a judgment, must transmit the judgment to the clerk of the circuit court in the county for entry pursuant to subsection (F). Judgments entered and docketed pursuant to this subsection must be handled in the same manner and have the same force and effect as judgments entered and docketed pursuant to Sections 22-3-300, 22-3-310, and 22-3-320. (D) The judgments may be enforced as a civil judgment. (E) A judgment issued pursuant to this section has the force and effect of a final judgment and may be enforced by the judgment creditor in the same manner as any other civil judgment with enforcement to take place in the court of common pleas. (F) The clerk of the circuit court must enter a judgment issued pursuant to this section in the civil judgment records of the court. A judgment issued pursuant to this section is not effective until entry is made in the civil judgment records of the court as required pursuant to this subsection. (G) A filing or other fee may not be required for seeking or for the filing of a civil judgment obtained or issued pursuant to this section. (H) Upon full satisfaction of a judgment entered pursuant to this section, the judgment creditor must record the satisfaction on the margin of the copy of the judgment on file in the civil judgment records of the court. (I) Any funds resulting from the collection of a judgment for unpaid fines, costs, fees, surcharges, or assessments must be distributed in the same manner and proportion as fines, costs, fees, surcharges, or assessments are distributed as otherwise set forth by law. Effect of Amendment The 2013 amendment rewrote the section.
S.C. Code Ann. § 17-23-150 — SC Code / Title 17 / Chapter 23 / Section 17-23-150
SECTION 17-23-150. Immediate disposition of certain misdemeanors or felonies; powers of circuit judges.
Status: in_force

Except as otherwise provided in SECTION 17-23-140, as to such cases as are herein referred to in SECTIONS 17-23-120 to 17-23-140 the circuit judges shall have the same powers at chambers as they have in open court.
S.C. Code Ann. § 17-7-80 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-80
SECTION 17-7-80. Duties of coroner concerning motor vehicle, swimming, or boating accident deaths.
Status: in_force

Every coroner or other official responsible for performing the duties of coroner shall examine the body within eight hours of death of any driver and any pedestrian, sixteen years old or older, who dies within four hours of a motor vehicle accident or any swimmer or boat occupant who dies within four hours of a boating accident, and take or cause to have taken by a qualified person such blood or other fluids of the victim as are necessary to a determination of the presence and percentages of alcohol or drugs. Such blood or other fluids shall be forwarded to the South Carolina Law Enforcement Division within five days after the accident in accordance with procedures established by the Law Enforcement Division.
S.C. Code Ann. § 17-19-30 — SC Code / Title 17 / Chapter 19 / Section 17-19-30
SECTION 17-19-30. Allegations sufficient for indictment for murder.
Status: in_force

Every indictment for murder shall be deemed and adjudged sufficient and good in law which, in addition to setting forth the time and place, together with a plain statement, divested of all useless phraseology, of the manner in which the death of the deceased was caused, charges that the defendant did feloniously, wilfully and of his malice aforethought kill and murder the deceased.
S.C. Code Ann. § 17-25-10 — SC Code / Title 17 / Chapter 25 / Article 1 / Section 17-25-10
SECTION 17-25-10. No person shall be punished until legally convicted.
Status: in_force

No person shall be punished for an offense unless duly and legally convicted thereof in a court having competent jurisdiction of the cause and of the person.
S.C. Code Ann. § 17-22-960 — SC Code / Title 17 / Chapter 22 / Article 9 / Section 17-22-960
SECTION 17-22-960. Expungement; employer immunity.
Status: in_force

Any employer that employs a worker who has had an expungement shall not, at any time, be subject to any administrative or legal claim or cause of action related to the worker's expunged offense. Except for criminal justice agencies, employers shall not use expunged information adversely against an employee. No information related to an expungement shall be used or introduced as evidence in any administrative or legal proceeding involving negligent hiring, negligent retention, or similar claims.
S.C. Code Ann. § 17-22-1010 — SC Code / Title 17 / Chapter 22 / Article 10 / Section 17-22-1010
SECTION 17-22-1010. Completion of South Carolina Youth Challenge Academy and the South Carolina Jobs Challenge Program; expungement; records.
Status: in_force

(A) A person who is eligible for expungement of his criminal record pursuant to the provisions of Sections 22-5-910, 22-5-920, 34-11-90(e), and 56-5-750(F) may apply to have his record expunged pursuant to the procedures provided in Article 9 if he graduates and successfully completes the South Carolina Youth Challenge Academy and the South Carolina Jobs Challenge Program administered by the South Carolina Army National Guard. Notwithstanding another provision of law, such person may apply for expungement immediately upon graduation and successful completion of the South Carolina Youth Challenge Academy and the South Carolina Jobs Challenge Program. (B) If the person has had no other conviction during the approximately one-year period as provided in subsection (A), the circuit court may issue an order expunging the records including any associated bench warrant. No person may have his records expunged under this section more than once. (C) If the expungement order is granted by the court, the records must be destroyed or retained by any law enforcement agency or municipal, county, or state agency or department pursuant to the provisions of Section 17-1-40. (D) The effect of the expungement order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest or indictment or information. No person as to whom the order has been entered may be held pursuant to another provision of law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest, or indictment or information, or trial in response to an inquiry made of him for any purpose. (E) After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release pursuant to Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once. (F) As used in this section, "conviction" includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail. 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."
S.C. Code Ann. § 17-22-40 — SC Code / Title 17 / Chapter 22 / Article 1 / Section 17-22-40
SECTION 17-22-40. Pretrial intervention coordinator; staff; funding.
Status: in_force

There is established the office of Pretrial Intervention Coordinator whose responsibility is to assist the solicitor in each judicial circuit in establishing and maintaining a pretrial intervention program. The office of Pretrial Intervention Coordinator must be within the South Carolina Commission on Prosecution Coordination. The coordinator and such staff as is necessary to assist in the implementation of the provisions of this article must be employed by the South Carolina Commission on Prosecution Coordination. The office of the coordinator must be funded by an appropriation to the Commission on Prosecution Coordination in the state general appropriation act.
S.C. Code Ann. § 17-5-40 — SC Code / Title 17 / Chapter 5 / Article 3 / Section 17-5-40
SECTION 17-5-40. Term.
Status: in_force

A coroner shall serve a term of office for four years and until his successor is elected or appointed and qualifies.
S.C. Code Ann. § 17-19-40 — SC Code / Title 17 / Chapter 19 / Section 17-19-40
SECTION 17-19-40. Special count for carrying concealed weapons in case of murder and certain other crimes; jurisdiction.
Status: repealed

In every indictment for murder, manslaughter, assault and assault and battery of a high and aggravated nature and assault and assault and battery with intent to kill and in every case when the crime is charged to have been committed with a deadly weapon of the character specified in Section 16-23-460, there shall be a special count in the indictment for carrying concealed weapons and the jury shall be required to find a verdict on such special count. All cases embraced in this section, including the carrying of the weapons, shall be in the exclusive jurisdiction of the court of general sessions, except in cases where other courts have been given concurrent jurisdiction. Editor's Note 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. § 17-22-130 — SC Code / Title 17 / Chapter 22 / Article 1 / Section 17-22-130
SECTION 17-22-130. Reports and identification as to offenders accepted for intervention program.
Status: in_force

Notwithstanding the provisions of Section 17-1-40, in all cases where an offender is accepted for intervention a report must be made and retained on file in the solicitor's office, regardless of whether or not the offender successfully completes the intervention program. All reports must be retained on file in the solicitor's office for a period of two years after successful completion, two years after rejection, or two years after unsuccessful completion of the program. After the retention of these reports for two years, they may be destroyed. The circuit solicitor shall furnish to the South Carolina Law Enforcement Division personal identification information on each person who applies for intervention, is subsequently accepted or rejected and successfully or unsuccessfully completes the program. This information may only be used by the division and the State Coordinator's Office in those cases where a circuit solicitor inquires as to whether a person has previously been accepted in an intervention program. However, that information may be confidentially released to the State Coordinator's Office to assist in compiling annual reports. The identification information on any defendant must not be under any circumstances released as public knowledge.
S.C. Code Ann. § 17-22-50 — SC Code / Title 17 / Chapter 22 / Article 1 / Section 17-22-50
SECTION 17-22-50. Persons not to be considered for intervention.
Status: in_force

(A) A person must not be considered for intervention if: (1) he previously has been accepted into an intervention program; or (2) the person is charged with: (a) blackmail; (b) driving under the influence or driving with an unlawful alcohol concentration; (c) a traffic-related offense which is punishable only by fine or loss of points; (d) a fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1120; (e) a crime of violence as defined in Section 16-1-60; or (f) an offense contained in Chapter 25 of Title 16 if the offender has been convicted previously of a violation of that chapter or a similar offense in another jurisdiction. (B) However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge. Code Commissioner's Note In 2014, at the direction of the Code Commissioner, in subsection (A)(2)(d), the reference to Section 50-9-1020 was changed to Section 50-9-1120, to correct a typographical error.
S.C. Code Ann. § 17-25-500 — SC Code / Title 17 / Chapter 25 / Article 5 / Section 17-25-500
SECTION 17-25-500. Title of act.
Status: in_force

This article may be known as the "South Carolina Notoriety for Profit Act".
S.C. Code Ann. § 17-3-5 — SC Code / Title 17 / Chapter 3 / Article 1 / Section 17-3-5
SECTION 17-3-5. Definitions.
Status: in_force

As used in this chapter, the term: (1) "Commission" means the Commission on Indigent Defense. (2) "Division of Appellate Defense" includes all attorneys and employees in the division. (3) "Assistant public defender" means an attorney who is employed by a circuit public defender office. (4) "Circuit public defender" means the head of a public defender office providing indigent defense representation within a given judicial circuit of this State. (5) "Circuit public defender office" means the office of one of the several circuit public defenders. (6) "Public defender" means an attorney who is employed in a circuit public defender office or who represents an indigent person pursuant to a contractual arrangement with a circuit public defender office. (7) "Administering county" means the county within each circuit with which the circuit public defender has an agreement for the administering of indigent defense funds distributed from the State and the counties within the circuit for the provision of indigent defender services within each circuit. (8) "Chief county public defender" means a public defender appointed by the circuit public defender to assist in managing, supervising, and providing indigent defense representation in one or more assigned counties within the circuit.
S.C. Code Ann. § 17-21-10 — SC Code / Title 17 / Chapter 21 / Section 17-21-10
SECTION 17-21-10. Venue where person causes injury within limits of State and death occurs elsewhere.
Status: in_force

When any person shall be struck, wounded, poisoned or otherwise injured or ill-treated within the limits of this State and shall die thereof beyond the limits of this State, whether on the high seas or elsewhere, the person so striking, wounding, poisoning or otherwise causing death as aforesaid shall be subject to indictment, trial and punishment in the county in which the stroke, wound, poisoning or other injury or ill-treatment was committed, in all respects the same as if the death had occurred in such county.
S.C. Code Ann. § 17-24-60 — SC Code / Title 17 / Chapter 24 / Section 17-24-60
SECTION 17-24-60. Petition by attorney of defendant found not guilty by reason of insanity.
Status: in_force

Two years from the date of commitment the defendant's attorney may petition the chief administrative judge to be relieved as counsel.
S.C. Code Ann. § 17-28-310 — SC Code / Title 17 / Chapter 28 / Article 3 / Section 17-28-310
SECTION 17-28-310. Definitions.
Status: in_force

(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 17-28-320, and that is in the possession of a custodian of evidence.
S.C. Code Ann. § 17-15-100 — SC Code / Title 17 / Chapter 15 / Section 17-15-100
SECTION 17-15-100. Power to punish for contempt not affected.
Status: in_force

Nothing contained in Sections 17-15-10 through 17-15-60 shall affect the power of any court of the State to punish for contempt.
S.C. Code Ann. § 17-23-10 — SC Code / Title 17 / Chapter 23 / Section 17-23-10
SECTION 17-23-10. Plea of autrefois acquit or convict.
Status: in_force

In any plea of autrefois acquit or autrefois convict it shall be sufficient for any defendant to state that he has been lawfully acquitted or convicted, as the case may be, of the offense charged in the indictment.
S.C. Code Ann. § 17-7-220 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-220
SECTION 17-7-220. Oath of witnesses.
Status: in_force

The witnesses examined upon the inquest shall be sworn as follows, by the coroner, who may administer the oath, that is to say: "The evidence you shall give to this inquest concerning the death of A B, here lying dead, shall be the truth, the whole truth, and nothing but the truth. So help you God."
S.C. Code Ann. § 17-29-40 — SC Code / Title 17 / Chapter 29 / Section 17-29-40
SECTION 17-29-40. Issuance of court order authorizing installation of pen register or trap and trace device.
Status: in_force

(A) Upon an application made under Section 17-29-30, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within that political subdivision, or within the State if the applicant is the attorney for the State or a law enforcement officer thereof, if the court finds that the attorney or the law enforcement officer of this State or a political subdivision thereof has certified to the court that the information likely to be obtained by the installation and use is relevant to an ongoing criminal investigation, and that the probable cause required by Section 17-29-30 (B)(2) exists. (B) An order issued under this section must specify: (1) the identity, if known of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached; (2) the identity, if known, of the person who is the subject of the criminal investigation, and to whom the probable cause requirement of Section 17-29-30(B)(2) applies; (3) the number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and (4) a statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates. The order must also direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under Section 17-29-50. (C)(1) An order issued under this section must authorize the installation and use of a pen register or a trap and trace device for a period not to exceed sixty days. (2) Extensions of such an order may be granted, but only upon an application for an order under Section 17-29-30 and upon the judicial finding required by subsection (A) of this section. The period of extension may be for a period not to exceed sixty days. (D) An order authorizing or approving the installation and use of a pen register or a trap and trace device must direct that: (1) the order be sealed until otherwise ordered by the court; and (2) the person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person, unless otherwise ordered by the court.
S.C. Code Ann. § 17-7-300 — SC Code / Title 17 / Chapter 7 / Article 1 / Section 17-7-300
SECTION 17-7-300. Form of attestation clause; signature to inquisition.
Status: in_force

After the conclusion as prescribed in Sections 17-7-250 to 17-7-290, according to the facts, the inquisition shall end in this form:. "In witness whereof, I __________, coroner aforesaid, and the jurors aforesaid, to this inquisition have interchangeably put our hands and seal, the day and year above mentioned. A B (L. S.), Coroner __________ County. C D, etc. (L. S.), Foreman of Jury of Inquest. E F, etc. (L. S.), Jurors."
S.C. Code Ann. § 17-27-40 — SC Code / Title 17 / Chapter 27 / Section 17-27-40
SECTION 17-27-40. Commencement of proceedings by filing of application.
Status: in_force

A proceeding is commenced by filing an application verified by the applicant with the clerk of the court in which the conviction took place. Facts within the personal knowledge of the applicant and the authenticity of all documents and exhibits included in or attached to the application must be sworn to affirmatively as true and correct. The clerk shall docket the application upon its receipt and promptly bring it to the attention of the court and deliver a copy to the solicitor of the circuit in which the applicant was convicted and a copy to the Attorney General.
S.C. Code Ann. § 17-11-30 — SC Code / Title 17 / Chapter 11 / Article IX / Section 17-11-30
SECTION 17-11-30. State courts, departments, agencies, officers, and employees shall enforce and cooperate in enforcement of agreement.
Status: in_force

All courts, departments, agencies, officers and employees of this State and its political subdivisions are hereby directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
S.C. Code Ann. § 17-7-660 — SC Code / Title 17 / Chapter 7 / Article 5 / Section 17-7-660
SECTION 17-7-660. Report by county coroner to Governor in certain homicide cases.
Status: in_force

Each county coroner, whenever a homicide has been committed in his county and the party committing such homicide has not been arrested or, having been arrested, has escaped custody before bill found, shall forward a report to the Governor within three days after the holding of an inquest by him or, in cases of escape, within three days after notice of such escape. The report shall embrace the name of the person killed and the name of the person, if known, charged with committing such homicide, together with a copy of the evidence taken before the jury of inquest and the verdict rendered thereupon. In case of escape the sheriff, or other officer having custody of the party, shall notify the coroner of the escape promptly.