reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-550. Assisting or harboring unregistered sex offender; penalty.

(A) A person who has reason to believe that a person required to register pursuant to the provisions of this article is not complying or has not complied with the requirements of this article, with the intent to assist or harbor the person required to register in eluding a law enforcement agency, is guilty of the offense of assisting or harboring an unregistered sex offender, if the person:
(1) withholds information from or does not notify the law enforcement agency of the noncompliance of the provisions of this article by the person required to register, and, if known, the location of this person;
(2) harbors, attempts to harbor, or assists another person in harboring or attempting to harbor the person required to register;
(3) conceals, attempts to conceal, or assists another in concealing or attempting to conceal the person required to register; or
(4) provides information known to be false to a law enforcement agency regarding the person required to register.
(B) A person who knowingly and wilfully violates the provisions of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years.
HISTORY: 2005 Act No. 141, Section 9; 2006 Act No. 342, Section 7, eff July 1, 2006.
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'."
Effect of Amendment
The 2006 amendment added subsection (A) and designated the existing text as subsection (B), substituting "violates the provisions of subsection (A)" for "protects, harbors, or conceals an offender who the person knows is not in compliance with the requirements of this article".
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-610. State DNA Database established; purpose.

There is established in the South Carolina Law Enforcement Division (SLED) the State Deoxyribonucleic Acid (DNA) Identification Record Database (State DNA Database). The State Law Enforcement Division shall develop DNA profiles on samples for law enforcement purposes and for humanitarian and nonlaw enforcement purposes, as provided for in Section 23-3-640(B).
HISTORY: 1994 Act No. 497, Part II, Section 131A.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-615. Definitions.

As used in this article:
(A) "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.
(B) "DNA profile" means the results of any testing performed on a DNA sample.
(C) "DNA record" means the tissue or saliva samples and the results of the testing performed on the samples.
HISTORY: 2008 Act No. 413, Section 4.B, eff January 1, 2009.
Editor's Note
2008 Act No. 413, Section 4.A provides as follows:
"This SECTION may be cited as the 'South Carolina Protection from Violence Against Women and Children Act'."
2008 Act No. 413, Section 4.I provides as follows:
"This SECTION takes effect on January 1, 2009. However, the implementation of the procedures provided for in this SECTION is contingent upon the State Law Enforcement Division's receipt of funds necessary to implement these provisions. Until the provisions of this SECTION are fully funded and executed, implementation of the provisions of this SECTION shall not prohibit the collection and testing of DNA samples by the methods allowed prior to the implementation of this SECTION from persons convicted, adjudicated delinquent, or on probation or parole for those crimes listed in Section 23-3-620. Upon this SECTION taking effect, a South Carolina law enforcement agency, which has in its possession any DNA samples that have been included in the State DNA Database, immediately must destroy and dispose of the DNA samples in accordance with regulations promulgated by SLED pursuant to Section 23-3-640."
2008 Act No. 413, Section 7 provides as follows:
"The provisions of Section 17-28-350 become effective upon the signature of the Governor. All other provisions become effective January 1, 2009. The enactment of these provisions prior to the effective date indicates the intent of the General Assembly that statewide laws or practices shall exist to ensure additional procedures for post-conviction DNA testing, and proper preservation of biological evidence connected to murder, rape, and nonnegligent homicide in order that application for available federal funds shall be made by the appropriate agencies and considered by the appropriate federal agencies prior to the effective date."
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-625. DNA samples of missing persons.

Family members of a missing person may submit DNA samples to the State Law Enforcement Division (SLED). If the person is missing thirty days after a missing person report has been submitted to the Missing Person Information Center, SLED must conduct DNA identification, typing, and testing on the family members' samples. SLED may, within its discretion, conduct DNA identification, typing, and testing on the family members' samples prior to thirty days if SLED determines that such DNA identification, typing, and testing is necessary. If SLED does not have the technology necessary for a particular method of DNA identification, typing, or testing, SLED may submit the DNA samples to a Combined DNA Indexing System (CODIS) laboratory that has the appropriate technology. The results of the identification, typing, and testing must be entered into CODIS.
HISTORY: 2008 Act No. 413, Section 3.B, eff October 21, 2008.
Editor's Note
2008 Act No. 413, Section 3.A provides as follows:
"This SECTION may be referred to and cited as the 'Unidentified Human Remains DNA Database Act'."
SECTION 3A This SECTION may be referred to and cited as the "Unidentified Human Remains DNA Database Act".
2008 Act No. 413, Section 7 provides as follows:
"The provisions of Section 17-28-350 become effective upon the signature of the Governor. All other provisions become effective January 1, 2009. The enactment of these provisions prior to the effective date indicates the intent of the General Assembly that statewide laws or practices shall exist to ensure additional procedures for post-conviction DNA testing, and proper preservation of biological evidence connected to murder, rape, and nonnegligent homicide in order that application for available federal funds shall be made by the appropriate agencies and considered by the appropriate federal agencies prior to the effective date."
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-630. Persons authorized to take DNA sample; immunity from liability.

(A) Only an appropriately trained person may take a sample from which DNA may be obtained.
(B) A person taking a sample pursuant to this article is immune from liability if the sample was taken according to recognized procedures. However, no person is relieved from liability for negligence in the taking of a sample.
HISTORY: 1994 Act No. 497, Part II, Section 131A; 2004 Act No. 230, Section 2; 2008 Act No. 413, Section 4.D, eff January 1, 2009.
Editor's Note
2008 Act No. 413, Section 4.A provides as follows:
"This SECTION may be cited as the 'South Carolina Protection from Violence Against Women and Children Act'."
2008 Act No. 413, Section 4.I provides as follows:
"This SECTION takes effect on January 1, 2009. However, the implementation of the procedures provided for in this SECTION is contingent upon the State Law Enforcement Division's receipt of funds necessary to implement these provisions. Until the provisions of this SECTION are fully funded and executed, implementation of the provisions of this SECTION shall not prohibit the collection and testing of DNA samples by the methods allowed prior to the implementation of this SECTION from persons convicted, adjudicated delinquent, or on probation or parole for those crimes listed in Section 23-3-620. Upon this SECTION taking effect, a South Carolina law enforcement agency, which has in its possession any DNA samples that have been included in the State DNA Database, immediately must destroy and dispose of the DNA samples in accordance with regulations promulgated by SLED pursuant to Section 23-3-640."
2008 Act No. 413, Section 7 provides as follows:
"The provisions of Section 17-28-350 become effective upon the signature of the Governor. All other provisions become effective January 1, 2009. The enactment of these provisions prior to the effective date indicates the intent of the General Assembly that statewide laws or practices shall exist to ensure additional procedures for post-conviction DNA testing, and proper preservation of biological evidence connected to murder, rape, and nonnegligent homicide in order that application for available federal funds shall be made by the appropriate agencies and considered by the appropriate federal agencies prior to the effective date."
Effect of Amendment
The 2008 amendment, in subsection (A), substituted "an appropriately trained person" for "a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, laboratory technician, or other appropriately trained health care worker"; and, in subsection (B), in the first sentence deleted "medical" preceding "procedures", and in the second sentence substituted "a sample" for "any blood sample".
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-635. DNA identification, typing, and testing of unidentified person's tissue and fluid samples.

Upon notification by the Medical University of South Carolina or other facility preserving the body of an unidentified person that the body remains unidentified after thirty days, the State Law Enforcement Division (SLED) must conduct DNA identification, typing, and testing of the unidentified person's tissue and fluid samples provided to SLED pursuant to Section 17-7-25. SLED may, within its discretion, conduct DNA identification, typing, and testing of the unidentified person's tissue and fluid samples prior to thirty days if SLED determines that such DNA identification, typing, and testing is necessary. The results of the identification, typing, and testing must be entered into the Combined DNA Indexing System.
HISTORY: 2008 Act No. 413, Section 3.C, eff October 21, 2008.
Editor's Note
2008 Act No. 413, Section 3.A provides as follows:
"This SECTION may be referred to and cited as the 'Unidentified Human Remains DNA Database Act'."
2008 Act No. 413, Section 7 provides as follows:
"The provisions of Section 17-28-350 become effective upon the signature of the Governor. All other provisions become effective January 1, 2009. The enactment of these provisions prior to the effective date indicates the intent of the General Assembly that statewide laws or practices shall exist to ensure additional procedures for post-conviction DNA testing, and proper preservation of biological evidence connected to murder, rape, and nonnegligent homicide in order that application for available federal funds shall be made by the appropriate agencies and considered by the appropriate federal agencies prior to the effective date."
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-640. Specifications, procedures, and equipment; use of DNA profiles; disposition of samples.

(A) Samples must be taken and submitted to SLED pursuant to specifications and procedures developed by SLED in regulation. SLED must conduct DNA identification testing, typing, and analysis in accordance with regulations promulgated by the State Law Enforcement Division on samples received for the purpose of developing a DNA profile, and SLED must use procedures, equipment, supplies, and computer software that are compatible with those used by the Federal Bureau of Investigation.
(B) The DNA profile on a sample may be used:
(1) to develop a convicted offender database to identify suspects in otherwise nonsuspect cases;
(2) to develop a population database when personal identifying information is removed;
(3) to support identification research and protocol development of forensic DNA analysis methods;
(4) to generate investigative leads in criminal investigations;
(5) for quality control or quality assurance purposes, or both;
(6) to assist in the recovery and identification of human remains from mass disasters;
(7) for other humanitarian purposes including identification of missing persons.
(C) The disposition of all samples obtained pursuant to this article is at the discretion of SLED.
(D) SLED must securely store DNA samples. The samples are confidential and must remain in the custody of SLED or a private laboratory designated by SLED if the laboratory's standards for confidentiality and security are at least as stringent as those of SLED.
HISTORY: 1994 Act No. 497, Part II, Section 131A; 2004 Act No. 230, Section 3.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-690. Promulgation of regulations for processes regarding samples.

SLED shall promulgate regulations for sample testing and analysis and for sample collection, identification, handling, transporting, and shipment which must be complied with by the agency having jurisdiction over the offender.
HISTORY: 1994 Act No. 497, Part II, Section 131A.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-700. Implementation of article contingent on funding and regulations; implementation of DNA sample collection.

Implementation of this article and the requirements under this article are contingent upon annual appropriations of sufficient funding and upon promulgation of regulations. However, the State Law Enforcement Division shall begin collecting DNA samples for analysis for crimes outlined in this article no later than July 30, 2000.
HISTORY: 1994 Act No. 497, Part II, Section 131B; 2000 Act No. 396, Section 5.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-810. Vulnerable Adults Investigations Unit established; duties.

(A) The Vulnerable Adults Investigations Unit is established within the South Carolina Law Enforcement Division.
(B) In accordance with Article 1, Chapter 35, Title 43, the unit shall receive and coordinate the referral of all reports of alleged abuse, neglect, or exploitation of vulnerable adults in facilities operated or contracted for operation by the Department of Mental Health or the Department of Disabilities and Special Needs. The unit shall establish a toll-free number, which must be operated twenty-four hours a day, seven days a week, to receive the reports.
(C) The unit shall investigate or refer to appropriate law enforcement those reports in which there is reasonable suspicion of criminal conduct. The unit also shall investigate vulnerable adult fatalities as provided for in Article 5, Chapter 35, Title 43.
(D) The unit shall refer those reports in which there is no reasonable suspicion of criminal conduct to the appropriate investigative entity for investigation in accordance with Article 1, Chapter 35, Title 43.
(E) Upon conclusion of a criminal investigation of abuse, neglect, or exploitation of a vulnerable adult, the unit or other law enforcement shall refer the case to the appropriate prosecutor when further action is necessary.
(F) The South Carolina Law Enforcement Division may develop policies, procedures, and memorandum of agreement with other agencies to be used in fulfilling the requirements of this article. However, the South Carolina Law Enforcement Division must not delegate its responsibility to investigate criminal reports of alleged abuse, neglect, and exploitation to the agencies, facilities, or entities that operate or contract for the operation of the facilities. Nothing in this article precludes the Department of Mental Health, the Department of Disabilities and Special Needs, or their contractors from performing administrative responsibilities in compliance with applicable state and federal requirements.
(G) The definitions provided in Section 43-35-10 shall apply to this section.
HISTORY: 2006 Act No. 301, Section 1, eff May 23, 2006; 2010 Act No. 223, Section 12, eff June 7, 2010.
Effect of Amendment
The 2010 amendment in subsection (E) substituted "when" for "to determine if".
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-1010. National Crime Prevention and Privacy Compact ratified; State Law Enforcement Division to administer.

(A) In order to facilitate the authorized interstate exchange of criminal history information for noncriminal justice purposes including, but not limited to, background checks for the licensing and screening of employees and volunteers under the National Child Protection Act of 1993, and to implement the National Crime Prevention and Privacy Compact, 42 U.S.C. Section 14616, the General Assembly approves and ratifies the compact.
(B) The State Law Enforcement Division is the repository of criminal history records for purposes of the compact and must do all things necessary or incidental to carry out the compact.
(C) The Chief of SLED, or his designee, is the state's compact officer and must administer the compact within the State. SLED may adopt rules and establish procedures for the cooperative exchange of criminal history records between the State and federal government and between the State and other party states for use in noncriminal justice cases.
(D) The state's ratification of the compact remains in effect until legislation is enacted which specifically renounces the compact pursuant to Article IX of 42 U.S.C. Section 14616.
(E) The compact and this section do not affect or abridge the obligations and responsibilities of SLED under other provisions of law and do not alter or amend the manner, direct or otherwise, in which the public is afforded access to criminal history records under state law.
HISTORY: 2000 Act No. 387, Part II, Section 31A.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-1400. Blue alert program established; adoption of guidelines and procedures.

(A) The "Blue Alert Program" is established within the South Carolina Law Enforcement Division (SLED). The purpose of the program is to assist law enforcement in the apprehension of a suspect who allegedly kills, seriously injures, or abducts a law enforcement officer by rapidly disseminating information regarding the suspect, and to reduce the suspect's ability to flee thereby posing a serious threat to the safety of others.
(B) SLED shall adopt guidelines and establish procedures for issuing a blue alert, including the rapid dissemination of information regarding a suspect through the use of the South Carolina Department of Transportation's electronic traffic signage system and other law enforcement mechanisms. The Chief of SLED shall act as the program's statewide coordinator.
(C) To aid in hindering a suspect's ability to flee and threaten citizens, communities, and other law enforcement personnel, SLED shall encourage and recruit television and radio broadcasters and other organizations to assist in the program by quickly disseminating information regarding the suspect.
(D) A blue alert may be issued if:
(1) a local, state, or federal law enforcement officer is killed, seriously injured, or abducted; and
(2) the law enforcement agency of jurisdiction:
(a) determines that a suspect poses a serious risk or threat to the public and other law enforcement personnel;
(b) possesses sufficient information that could assist in locating the suspect, including information regarding the suspect's vehicle; and
(c) recommends the issuance of a blue alert to SLED.
(E) SLED may issue a blue alert upon confirmation of the requirements of subsection (D). Upon issuance of a blue alert, information that could assist in locating a suspect may be displayed across the State via the South Carolina Department of Transportation's electronic traffic signage system and other law enforcement mechanisms. Also, the information may be disseminated to organizations assisting with the program.
(F) A blue alert may be canceled at the request of the law enforcement agency of jurisdiction or by the Chief of SLED when appropriate.
HISTORY: 2012 Act No. 124, Section 1, eff February 27, 2012.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 3 - South Carolina Law Enforcement Division › Section 23-3-1500. Center for School Safety and Targeted Violence established.

(A) The Center for School Safety and Targeted Violence is established within the South Carolina Law Enforcement Division (SLED). The purpose of the center is to provide extensive training, education, and expertise in the fields of school safety and targeted violence.
(B) SLED shall adopt guidelines and establish procedures for training and educating local and state law enforcement, teachers, administrators, bus drivers, other school personnel, parents and the public on school safety and targeted violence.
(C) SLED may incorporate existing and new personnel from its Homeland Security Department, Investigative Services Department, Behavioral Science Unit and any other unit or department as assigned by the Chief of SLED as defined in Section 23-3-25.
HISTORY: 2023 Act No. 79 (H.3360), Section 1, eff June 19, 2023.
Editor's Note
2023 Act No. 79, Section 2, provides as follows:
"SECTION 2. This act takes effect upon approval by the Governor and is contingent upon funding in the general appropriations act."
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 4 - Criminal Justice Committee And Programs › Section 23-4-10. Legislative findings.

The General Assembly finds that the increasing incidence of crime threatens the peace, security and general welfare of the State and its citizens. To prevent crime, to insure the maintenance of peace and good order, and to assure the greater safety of the people, it is necessary for law enforcement, judicial administration and corrections to be better coordinated, intensified and made more effective at all levels of government.
HISTORY: 1978 Act No. 443, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 4 - Criminal Justice Committee And Programs › Section 23-4-20. Definitions.

As used in this chapter:
(A) "Committee" means the Governor's Committee on Criminal Justice, Crime and Delinquency.
(B) "Advisory Council" means the Juvenile Justice Advisory Council.
(C) "J.P.C." means the Judicial Planning Committee.
(D) "Office" means the Division of Public Safety Programs, Office of the Governor.
(E) "Criminal justice system and agencies" shall encompass all state, local, and private nonprofit agencies and organizations involved in law enforcement including line police agencies, adult and juvenile corrections, adult and juvenile courts, prosecution and defense, as well as private eleemosynary organizations of professional or citizen membership involved in the system including organizations directly related to crime and delinquency prevention.
HISTORY: 1978 Act No. 443, Section 1; 1988 Act No. 607, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 4 - Criminal Justice Committee And Programs › Section 23-4-110. Creation of committee; members and officers.

There is created the Governor's Committee on Criminal Justice, Crime and Delinquency. The committee must be composed of persons named by the Governor from the State at large who are representative of agencies and organizations comprising the state's criminal justice system as defined by this chapter. In addition to the gubernatorially-appointed members, the following criminal justice agency heads are ex officio voting members:
(A) Commissioner, South Carolina Department of Corrections;
(B) Executive Director, South Carolina Department of Probation, Parole, and Pardon Services;
(C) Chief, State Law Enforcement Division;
(D) State Attorney General;
(E) Commander, State Highway Patrol;
(F) Commissioner, South Carolina Department of Youth Services;
(G) Director, South Carolina Office of Court Administration;
(H) Chief Justice, South Carolina Supreme Court;
(I) Director, South Carolina Commission on Alcohol and Drug Abuse;
(J) Executive Director, South Carolina Criminal Justice Academy;
(K) Chairman, Governor's Juvenile Justice Advisory Council.
The Governor shall appoint the at-large members who shall serve at his pleasure. The number of appointed at-large voting members on the committee shall not exceed twenty-eight. The Governor shall appoint the chairman of the committee. The Director of the Division of Public Safety Programs shall serve as the executive secretary of the committee but may not vote. Support staff for the committee must be provided by the Division of Public Safety Programs.
HISTORY: 1978 Act No. 443, Section 1; 1988 Act No. 607, Section 2.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 4 - Criminal Justice Committee And Programs › Section 23-4-120. Duties of committee.

The committee shall advise the Governor and the General Assembly on criminal justice policy matters and shall further serve as the supervisory board for the Juvenile Justice Advisory Council in accordance with the mandates of the Juvenile Justice and Delinquency Prevention Act of 1974.
HISTORY: 1978 Act No. 443, Section 1; 1988 Act No. 607, Section 3.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 4 - Criminal Justice Committee And Programs › Section 23-4-130. Reports.

The committee shall file with the Governor by December thirty-first of each year an annual report of its activities and progress, citing its recommendations for changes and legislative initiatives relating to the improvement of the criminal justice system in South Carolina. The Governor shall review the report and may adopt these recommendations and findings in presenting his annual legislative proposals to the General Assembly.
HISTORY: 1978 Act No. 443, Section 1; 1988 Act No. 607, Section 4.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 4 - Criminal Justice Committee And Programs › Section 23-4-140. Meetings; quorum; proxies.

The committee shall meet as soon as practical after appointment and at this meeting organize and adopt rules for governing its proceedings. The committee shall meet at those other times as may be designated by the chairman or the Governor. A majority of the members at any regular meeting or called meeting constitutes a quorum. Both appointed at-large members and ex officio members of the committee may be represented by proxy, but only ex officio proxies have voting rights and must be included in determining a quorum.
HISTORY: 1978 Act No. 443, Section 1; 1988 Act No. 607, Section 5.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 4 - Criminal Justice Committee And Programs › Section 23-4-210. Creation of council; members.

There is hereby created a Juvenile Justice Advisory Council. The council shall consist of not less than twenty-one and no more than thirty-three members who have training, experience, or a special knowledge concerning the prevention and treatment of juvenile delinquency or in the administration of juvenile justice. The council shall be established separate from the committee. The membership of the council shall be selected by the Governor and shall include representation of units of local government, law enforcement, and juvenile justice agencies, and shall be in accord with Section 223(A)(3) of the Juvenile Justice and Delinquency Prevention Act of 1974 so long as it is in effect.
HISTORY: 1978 Act No. 443, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 4 - Criminal Justice Committee And Programs › Section 23-4-220. Duties of council.

The advisory council shall advise the committee and the office on all matters referred to it relevant to juvenile justice; shall participate in the development of the juvenile justice component of the State's comprehensive plan; shall recommend priorities for the improvement of juvenile justice services and shall offer technical assistance to state and local agencies in the planning and implementation of programs for the improvement of juvenile justice.
HISTORY: 1978 Act No. 443, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 4 - Criminal Justice Committee And Programs › Section 23-4-310. Creation of committee; members; terms.

There is hereby established a Judicial Planning Committee whose membership shall be appointed by the Supreme Court in accordance with the Crime Control Act of 1976 (P.L. 94-503) so long as it is in effect. The Chief Justice or his designee shall serve as chairman of the committee. The members of the J.P.C. shall serve at the pleasure of the Supreme Court.
HISTORY: 1978 Act No. 443, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 4 - Criminal Justice Committee And Programs › Section 23-4-320. Duties of committee.

The J.P.C. shall establish court improvement priorities, consider court improvement programs and projects and develop an annual judicial plan which shall be in accordance with the Crime Control Act of 1976 (P.L. 94-503) so long as it is in effect; shall advise the committee on all matters referred to it relevant to the courts; shall recommend priorities for the improvement of judicial services and shall offer technical assistance to state and local agencies in the planning and implementation of programs contemplated for the improvement of judicial services.
HISTORY: 1978 Act No. 443, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 4 - Criminal Justice Committee And Programs › Section 23-4-330. Consultation with committee by other agencies.

The Office of Criminal Justice Programs shall consult with and seek the advice of the Judicial Planning Committee in carrying out its functions under Article 9 of the chapter insofar as they affect the state court system. In addition, any grant of federal or other funds made or approved by the committee which is to be implemented in the court system and related functions such as prosecution and public defense shall be submitted to the Judicial Planning Committee for its review and recommendations before being presented to the committee for its action.
HISTORY: 1978 Act No. 443, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 4 - Criminal Justice Committee And Programs › Section 23-4-340. Staff support.

Staff support for the J.P.C. shall be provided by the Office of Court Administration, but the cost of staff support shall be reimbursed by the Office of Criminal Justice Programs to the extent that federal funds can be made available for that purpose.
HISTORY: 1978 Act No. 443, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 4 - Criminal Justice Committee And Programs › Section 23-4-350. Meetings; rules.

The J.P.C. shall meet at such times as may be established by the Chief Justice or his designated chairman. The rules for the purpose of governing the J.P.C. and determining a quorum shall be established by the Supreme Court.
HISTORY: 1978 Act No. 443, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 4 - Criminal Justice Committee And Programs › Section 23-4-520. Duties of office.

The office in conjunction with the Governor's Committee on Criminal Justice, Crime and Delinquency has the duties:
(A) In cooperation with other agencies, to collect and disseminate information concerning crime and criminal justice for the purpose of assisting the General Assembly and of enhancing the quality of criminal justice at all levels of government in this State;
(B) To analyze South Carolina's activities in the administration of criminal justice and the nature of the problems confronting it and to make recommendations and to develop comprehensive plans of action for the improvement of criminal justice for crime and delinquency control and related matters for consideration and implementation by the appropriate agencies of state and local government. In developing such plans, the office shall draw upon the planning capabilities of other agencies such as the Judicial Department, the Department of Corrections, the Department of Youth Services, the Office of the Attorney General and the State Law Enforcement Division;
(C) To advise and assist law enforcement agencies in the State to improve their law enforcement systems and their relationship with other agencies and the statewide system;
(D) To act as the state planning agency under the "Omnibus Crime Control and Safe Streets Act" of 1968 (Public Law 90-351);
(E) To do all things necessary to apply for, qualify for, accept, and distribute state, federal, or other funds made available or allotted under Public Law 90-351 and under any other law or program designed to improve the administration of criminal justice, court systems, law enforcement, prosecution, corrections, probation and parole, juvenile delinquency programs and related fields;
(F) To conduct evaluation studies on the programs and activities assisted through the office.
HISTORY: 1978 Act No. 443, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 4 - Criminal Justice Committee And Programs › Section 23-4-530. Executive director.

The office shall be administered by an executive director, who shall be appointed by, and be responsible to, the Governor, and hold office at the pleasure of the Governor. The executive director shall be in sole charge of the administration of the office.
HISTORY: 1978 Act No. 443, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 4 - Criminal Justice Committee And Programs › Section 23-4-540. Appointment of employees; policies for governing office; employees as subject to laws applicable to state employees.

The executive director may appoint and prescribe the duties for such deputies, assistants, other officers, employees and consultants as he may deem necessary. The executive director shall establish policies and procedures for governing the office and coordinating with local planning agencies, grant recipients and federal, state and local officials. All employees of the office except the executive director shall be subject to the laws applicable to other state employees.
HISTORY: 1978 Act No. 443, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 4 - Criminal Justice Committee And Programs › Section 23-4-550. Obtaining information by executive director.

The executive director may request and receive from any department or agency of the State or any political subdivision thereof such assistance, information and data as will enable him to carry out his duties.
HISTORY: 1978 Act No. 443, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 4 - Criminal Justice Committee And Programs › Section 23-4-710. Compensation of members of committee, advisory council and J.P.C.

The members of the committee, the advisory council and the J.P.C. shall receive no salary but shall be allowed the usual mileage, subsistence and per diem as authorized by law for commissions, committees and boards.
HISTORY: 1978 Act No. 443, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-10. Definitions.

For the purposes of this title, the following words, phrases, and terms are defined as follows:
(1) "Department" means the Department of Public Safety.
(2) "Director" means the chief administrative officer of the Department of Public Safety.
HISTORY: 1993 Act No. 181, Section 343(A); 1996 Act No. 459, Section 246A.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-20. Department of Public Safety established; divisions comprising Department; transfer of functions, powers, duties, responsibilities and authority; rules, standards, etc., of former entities remain in effect.

(A) The Department of Public Safety is established as an administrative agency of state government which is comprised of a South Carolina Highway Patrol Division, a South Carolina State Police Division, and a Division of Training and Continuing Education.
(B) The functions, powers, duties, responsibilities, and authority statutorily exercised by the following offices, sections, departments, or divisions of the following state agencies as existing on the effective date of this act are transferred to and devolved on the department to include the South Carolina Highway Patrol and the Safety Office Section of the Division of Finance and Administration of the South Carolina Department of Highways and Public Transportation; the Safety Enforcement Officers of the Office of Enforcement within the Transportation Division of the South Carolina Public Service Commission and the Governor's Office of Public Safety, together with all assets, liabilities, records, property, personnel, unexpended appropriations, and other funds shall be transferred to the control of the department. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act, or otherwise provided.
HISTORY: 1993 Act No. 181, Section 343(A); 1996 Act No. 459, Section 34; 2003 Act No. 51, Section 9.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-30. Duties and powers of department.

The department shall have the following duties and powers:
(1) carry out highway and other related safety programs;
(2) engage in driver training and safety activities;
(3) enforce the traffic, motor vehicle, commercial vehicle, and related laws;
(4) enforce size, weight, and safety enforcement statutes relating to commercial motor vehicles;
(5) operate a comprehensive law enforcement personnel training program;
(6) promulgate such rules and regulations in accordance with the Administrative Procedures Act and Article 7 of this chapter for the administration and enforcement of the powers delegated to the department by law, which shall have the full force and effect of law;
(7) operate such programs and disseminate information and material so as to continually improve highway safety;
(8) receive and disburse funds and grants, including any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments, for the purpose of carrying out the programs and objectives of this chapter; and
(9) do all other functions and responsibilities as required or provided for by law.
HISTORY: 1993 Act No. 181, Section 343(A); 1996 Act No. 459, Section 35; 2003 Act No. 51, Section 10.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-40. Director; appointment; duties; deputy directors.

(A) The Governor, with the advice and consent of the Senate, shall appoint the director of the department who shall serve a term of four years. The director may only be removed pursuant to the provisions of Section 1-3-240(C). He shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the annual general appropriation act. The term of office for the first appointment under the provisions of this section shall be February 1, 1994 for a term of two years. The Governor shall submit the name of his appointee to the Senate by December first of the year prior to the date on which the term begins. A person appointed by the Governor with the advice and consent of the Senate to fill a vacancy shall serve for the unexpired term only. This shall not prohibit the Governor from reappointing a person who is appointed to fill a vacancy as director of the department. All subsequent appointments shall be made in the manner of the original appointment for a term of four years.
(B) The director must administer the affairs of the department and must represent the department in its dealings with other state agencies, local governments, special purpose districts, and the federal government. The director must appoint a deputy director for each division and employ such other personnel for each division and prescribe their duties, powers, and functions as he considers necessary and as may be authorized by statute and for which funds have been authorized in the annual general appropriation act.
(C) The deputy director for each division shall serve at the pleasure of the director and the director shall recommend the salary for each deputy director as allowed by statute or applicable law.
HISTORY: 1993 Act No. 181, Section 343(A); 1995 Act No. 145, Part II, Section 4.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-90. Security of government facilities; employment, equipment, and provision of officers.

The department may employ, equip, and provide such officers as may be necessary to maintain the security of the Governor's Mansion Compound, and other governmental facilities, including the State Capitol Building, the facilities of the Capitol Complex, and other state buildings. The director must determine the most efficient and effective method of placing these officers within a law enforcement division in the department.
HISTORY: 1996 Act No. 459, Section 37.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-110. Existing uniforms and emblems continued in use during transition.

In order to carry out the provisions of Section 23-6-100 in an orderly and economical manner it is intended that all serviceable uniforms be continued in use until such time as the director considers it necessary for them to be replaced. These provisions shall also apply to the emblems for motor vehicles.
HISTORY: 1993 Act No. 181, Section 343(A).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-120. Troopers and officers to file, or be covered by, bond.

Every officer and trooper commissioned pursuant to this chapter shall file a bond, or be covered by a surety bond, with the department in the amount of not less than two thousand dollars, subscribed by a duly licensed surety company, which shall be conditioned on the faithful performance of his duties. The duties include but are not limited to the prompt and proper accounting of all funds coming into his hands, the payment of any judgment recovered against him in any court of competent jurisdiction upon a cause of action arising out of breach or abuse of official duty or power, or the payment of damages sustained by any member of the public from any unlawful act of such officer or trooper. Coverage under such bond shall not include damage to persons or property arising out of the negligent operation of a motor vehicle. Such bond may be individual, schedule or blanket and on a form approved by the Attorney General. The premiums on such bonds shall be paid by the department.
HISTORY: 1993 Act No. 181, Section 343(A).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-130. Violations of Section 23-6-100 may be enjoined; notice, petition, hearing.

Any violation of Section 23-6-100 may be enjoined by the court of common pleas upon petition of the director after due notice to the person violating the provisions of Section 23-6-100 and after a hearing on the petition.
HISTORY: 1993 Act No. 181, Section 343(A).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-140. Powers, duties and responsibilities of officers and troopers.

The patrol of the highways of the State and the enforcement of the laws of the State relative to highway traffic, traffic safety, and motor vehicles shall be the primary responsibility of the troopers and officers of the South Carolina Highway Patrol. The troopers and officers of the State Police shall have the primary responsibility for the enforcement of laws relating to commercial motor carriers relating to size, weight, permits, licensing, and inspections for size and weight tolerance and safety. All officers and troopers shall have the same power to serve criminal processes against offenders as sheriffs of the various counties and also the same power as such sheriffs to arrest without warrants and to detain persons found violating or attempting to violate any laws of the State relative to highway traffic, motor vehicles or commercial motor carriers. These officers and troopers shall also have the same power and authority held by deputy sheriffs for the enforcement of the criminal laws of the State.
HISTORY: 1993 Act No. 181, Section 343(A).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 6 - Department Of Public Safety › Section 23-6-145. Traffic stop by commissioned officer or uniformed officer; requirement of reasonable belief of violation of law.

A commissioned officer or a uniformed officer of the department may, upon reasonable belief that any vehicle is being operated in violation of any provision of statutory law, require the driver thereof to stop and exhibit the registration card issued for the vehicle, the individual's driver's license, and submit to an inspection of such vehicle and license.
HISTORY: 1996 Act No. 459, Section 38; 2000 Act No. 252, Section 2.