Bill Text: SC H5492 | 2019-2020 | 123rd General Assembly | Introduced

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Bill Title: Citizens' Arrest

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2020-05-12 - Referred to Committee on Judiciary [H5492 Detail]

Download: South_Carolina-2019-H5492-Introduced.html

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A BILL

TO AMEND SECTION 17-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES WHEN CITIZENS MAY ARREST, SO AS TO LIMIT THE CIRCUMSTANCES IN WHICH A CITIZEN MAY ARREST, INCLUDING TAKING THE LIFE OF THE PERSON, TO ARREST OF A PERSON WHO HAS ENTERED A DWELLING HOUSE WITHOUT EXPRESS OR IMPLIED PERMISSION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 17-13-20 of the 1976 Code is amended to read:

    "Section 17-13-20.    A citizen may arrest a person in the nighttime by efficient means as the darkness and the probability of escape render necessary, even if the life of the person should be taken, when the person:

    (a)    has committed a felony;

    (b)    has entered a dwelling house without express or implied permission;

    (c)    has broken or is breaking into an outhouse with a view to plunder;

    (d)    has in his possession stolen property; or

    (e)    being under circumstances which raise just suspicion of his design to steal or to commit some felony, flees when he is hailed."

SECTION    2.    This act takes effect upon approval by the Governor.