Posts Tagged ‘Criminal’

March 9, 2017

Opinion on crime of moral turpitude.

Requested by Thomas Limehouse, Legal Counsel, Office of the Governor.

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December 2, 2016

Opinion on whether a conviction of misconduct in office can be considered a crime of moral turpitude.

Requested by Gwendolyn F. McGriff, Deputy Director and General Counsel, South Carolina Department of Insurance.

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November 17, 2016

Opinion on whether the SC Dept. of Natural Resources or other state agency, county or local government have the authority to limit, restrict or close waterfowl hunting on navigable waters during statewide waterfowl seasons.

Requested by The Honorable Stephen Goldfinch, Member, South Carolina House of Representatives.

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September 6, 2016

Opinion on Sections 30-1-10C and D and 30-1-90A (approval process for Records Retention Schedules by the SC Department of Archives & History.

Requested by W. Eric Emerson, Ph.D., Director and SHPO, SC Department of Archives & History.

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May 19, 2016

Opinion regarding Senate Bill 229.

Requested by The Honorable Jeffrey A. Bradley, Member, South Carolina House of Representatives.

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April 20, 2016

Opinion regarding Nov. 16, 2015 opinion to the Town of Irmo’s Chief of Police, Joe Nates.

Requested by The Honorable Hardy King, Mayor of Irmo; The Honorable Julius Waites, Irmo Town Council Member; and The Honorable Mark Pouliot, Irmo Town Council Member.

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April 12, 2016

Opinion pertaining to the Charleston County School District.

Requested by The Honorable Joseph K. Bowers, III, Member of the Board of Trustees, St. James-Santee Constituent School District.

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March 16, 2016

Opinion on whether the Governor possesses the authority to suspend or remove individuals from office.

Requested by Holly Pisarik, Chief Legal Counsel, Office of the Governor.

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March 15, 2016

Opinion on whether two DUI courts are operating in conformity with Sec. 44-53-450 and conditional pleas.

Requested Warren Ganjehsani, General Counsel, S.C. Department of Public Safety.

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March 15, 2016

Opinion regarding S.C. Code § 44-53-450.

Requested by Warren V. Ganjehsani, Esquire, General Counsel, S.C. Department of Public Safety.

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March 4, 2016

Opinion regarding the regulation of firearms in the Greenville Arena District.

Requested by Dante Russo, Vice Chairman, Greenville Arena District.

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February 24, 2016

Follow-up opinion to the November 24, 2015 opinion regarding School Resource Officers.

Requested by The Honorable Paul Thurmond, Member, South Carolina Senate, District No. 41.

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February 5, 2016

Opinion regarding “investigations and arrests made by private security officers.”

Requested by The Honorable Steve Loftis, Sheriff, Greenville County.

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February 3, 2016

Opinion regarding suspended sentences in juvenile adjudications.

Requested by Caroline F. Fox, Senior Assistant Solicitor, Fifteenth Judicial Circuit Office of the Solicitor.

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December 11, 2015

Opinion on the State Ethics Act.

Requested by The Honorable David Pascoe, Solicitor, First Judicial Circuit.

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November 24, 2015

Opinion concerning use of Dorchester County property taxes for school resource officers (SROs), and regarding the authority of SROs.

Requested by The Honorable Paul Thurmond, Member, South Carolina Senate, District No. 41.

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November 16, 2015

Opinion regarding the authority of town council to have an elected member of council removed by vote.

Requested by The Honorable Joe Nates, Chief of Police, Irmo Police Department.

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November 13, 2015

Opinion regarding criminal conspiracy, specifically whether a defendant is guilty of a felony when he is convicted of conspiracy to commit a crime classified as a misdemeanor.

Requested by Tonya K. Kohn, Staff Attorney, South Carolina Court Administration.

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November 12, 2015

Opinion regarding whether being declared a disaster area affects the use of public funds and equipment on private property.

Requested by Paul M. Fata, Lee County Attorney.

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November 2, 2015

Opinion on police officers signing other officers’ warrants.

Requested by The Honorable Dana Turner, Chief Administrative Judge, City of Columbia Municipal Court.

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October 20, 2015

Opinion regarding an interpretation of the Ethics Act.

Requested by Kenneth A. Bingham, Chairman, House Legislative Ethics Committee.

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October 14, 2015

Opinion regarding S.C. Code Ann. 17-7-175 (2014) which provides coroners with the power to issue a subpoena duces tecum to aid in the investigation of an individual’s cause of death.

Requested by The Honorable Gary Watts, Coroner, Richland County.

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September 24, 2015

Opinion regarding whether one can be employed as a constable for a magistrate court and run for sheriff at the same time.

Requested by Kayla Buchanan, SCTR – Bates Township Summary Court.

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September 17, 2015

Opinion regarding 30-9-30(B)(2) of the Code of Laws of South Carolina.

Requested by Marvin C. Jones, Esq., Office of the Jasper County Attorney.

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September 15, 2015

Opinion regarding the release of vehicles confiscated pursuant to Section 56-5-6240.

Requested by The Honorable Charles E. McNair, Chief, Cayce Department of Public Safety.

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September 3, 2015

Opinion regarding whether the Tourism Expenditure Review Committee is obliged to review expenditures of state accommodations tax funds by tourism promotion organizations which have received distributions from municipalities and counties from the special fund for tourism created by S.C. Code 6-4-10(3).

Requested by Edward W. Riggs, Sr. Chairman, South Carolina Tourism Expenditure Review Committee.

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August 27, 2015

Opinion regarding Section 16-23-50 of the South Carolina Code.

Requested by Sheriff Rick Clark, Pickens County Sheriff’s Office.

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August 7, 2015

Opinion regarding the interpretation of Section 17-13-40 of the South Carolina code, known to some as the “hot pursuit statute.”

Requested by The Honorable Dennis K. Tyndall, Chief of Police, West Columbia Police Department.

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July 20, 2015

Opinion on Columbia City Council ordinance banning weapons within 250 feet of the State House.

Requested by The Honorable Ronnie W. Cromer, Member, South Carolina Senate.

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July 13, 2015

Opinion regarding the legality of hiring private security guards to protect a public school.

Requested by Jarrod M. Bruder, Executive Director, South Carolina Sheriff’s Association.

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June 17, 2015

Opinion regarding South Carolina’s Preservation of Evidence Act, and how it pertains to toxicological, wet blood, and tissue samples.

Requested by James Fulcher, M.D., Deputy Medical Examiner, Greenville County.

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June 11, 2015

Opinion regarding prosecutorial discretion and the limits the law places on the exercise of prosecutorial discretion.

Requested by Mary C. McCormac, Esq., Attorney for Town of Iva.

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June 2, 2015

Opinion regarding whether criminal defense attorneys are permitted to contact victims of crime directly on behalf of their defendant/clients during the pendency of a criminal matter despite [a court order prohibiting contact [by the Defendant].

Requested by Veronica Swain Kunz, Crime Victims’ Ombudsman, Office of the Crime Victims’ Ombudsman.

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May 22, 2015

Opinion on whether 911 operators must be United States citizens to be certified as Class 4 telecommunications officers.

Requested by Brandy A. Duncan, Chief General Counsel, South Carolina Criminal Justice Academy.

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May 20, 2015

Opinion on whether a licensed presentment lender may legally accept debit card payments for deferred presentment transactions under the Deferred Presentment Services Act.

Requested by The Honorable Edward R. Tallon, Sr., Member, South Carolina House of Representatives.

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May 7, 2015

Opinion regarding the interpretation of Section 23-31-235 and Section 23-31-215(M)(9) of the South Carolina Code.

Requested by Chief Joel B. Huggins, Director, Lexington Medical Center, Department of Public Safety.

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April 24, 2015

Opinion on what is considered a crime of moral turpitude.

Requested by Michael Beauford Jr., Chief Investigator, South Carolina Department of Insurance.

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April 17, 2015

Opinion regarding Section 17-13-60, persons are not arrested, but may be served process, precludes law enforcement officers from serving outstanding arrest warrants and/or bench warrants on persons or traveling to/from court for roll call and other proceedings except for treason, felony or breach of the peace.

Requested by Sheriff Anthony Dennis, Sumter.

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March 11, 2015

Opinion regarding the right against self-incrimination – provided by both the Fifth Amendment to the United States Constitution and Article I, Section 12 of the South Carolina Constitution – in relation to a witness’ apparent prohibition from invoking this right on certain grounds in a supplementary proceeding.

Requested by The Honorable Joseph M. Strickland, Master in Equity for Richland County.

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February 19, 2015

Opinion regarding Freedom of Information Act requests made by a constituent.

Requested by The Honorable Bill Herbkersman, Representative, District No. 118.

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February 17, 2015

Opinion regarding the constitutionality of Goose Creek Ordinance No. 13-009, and whether revenue from the Local Hospitality Tax established by the City of Goose Creek pursuant to S.C. Code §6-1-720 et seq. and the ordinance may be used to pay for a recreational facility.

Requested by The Honorable Joe Daning, Representative, District No. 92.

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February 9, 2015

Opinion regarding the provisions of Section 43-33-20 as it relates to the rights of physically disabled persons to use public facilities and public spaces in South Carolina.

Requested by The Honorable Larry A. Martin, Chairman, Senate Judiciary Committee.

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February 4, 2015

Opinion related to the expungement of criminal records of an individual arrested for driving under the influence on three occasions.

Requested by Chief Mark A. Keel, South Carolina Law Enforcement Division.

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February 2, 2015

Opinion regarding whether a defendant who has demanded a jury trial in summary court can waive such a demand by conduct.

Requested by Rosalyn W. Frierson, Director, South Carolina Court Administration.

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January 14, 2015

Opinion regarding the authority of a County Board of Education to suspend or remove an appointed school board member after the member has been arrested and charged with a crime.

Requested by David W. Epperson, Esq., Clarendon County Administrator.

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December 23, 2014

Opinion request regarding Senate Bill 839 (“S.839”) dealing with “Industrial Hemp Cultivation.”

Requested by Hugh E. Weathers, South Carolina Commissioner of Agriculture.

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November 25, 2014

Opinion regarding the suitability of implementing a land-use regulation permitting the Anderson Soil and Water Conservation District and each watershed director of the watersheds within the Anderson Soil and Water Conservation District the authority to issue and enforce criminal trespass notices to protect against “malicious trespass, damage and pollution to the watersheds, structures, and easements thereof.”

Requested by Captain Leonardo Ortiz, Anderson Soil and Water Commissioner.

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November 18, 2014

Opinion regarding the constitutionality and legality of Oconee County Ordinance No. 2014-24.

Requested by Thomas L. Martin, Esquire, Oconee County Attorney.

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November 6, 2014

Opinion regarding whether the South Carolina Coroners Association has authority pursuant to section 17-5-130 of the South Carolina Code to submit to the Governor a list of coroners who have not completed their required annual in-service training hours.

Requested by Lloyd B. Ward, Barnwell County Coroner.

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November 4, 2014

Opinion regarding the admissibility of certain evidence relating to computer privacy as well as the privacy of electronic communications in a family court proceeding.

Requested by The Honorable Timothy L. Brown, 13th Circuit Family Court Judge, Retired.

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October 1, 2014

Opinion regarding the validity and enforcement of Town Ordinance 224, which “restricts all electronic communication in a. . . school zone.”

Requested by Chief H. Harold Brown, Chief of Police, Elgin Police Department.

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September 22, 2014

Opinion regarding a county’s authority to establish additional requirements for landowners seeking to have timberland classified and assessed as agricultural real property.

Requested by The Honorable Daniel B. Verdin, S.C. Senate, District 9.

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September 16, 2014

Opinion regarding whether a proposed amendment, as contained in pending legislation, H. 3925 in particular, can retroactively amend a savings clause from a prior act, specifically Act 198 of 2012, “to eliminate the Savings Clause included in the original version of Act 198 without violation of the State Constitution.”

Requested by the Honorable James E. Smith, Jr., House District 72.

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September 11, 2014

Opinion regarding the legal status of Mr. Robert W. Harrell, both as Speaker of the House and as a member of the House, following the recent indictment of Mr. Harrell.

Requested by The Honorable James E. Smith, Jr., Richland County Judiciary Committee, and The Honorable Todd Rutherford, House Minority Leader.

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August 26, 2014

Opinion regarding whether a properly filed Rule 5 discovery motion, and applicable case law pertaining to discovery in criminal cases, would permit the disclosure of tax related information without violating Section 12-54-240.

Requested by Joe. S. Dusenbury, Jr., General Counsel, SC Department of Revenue.

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August 19, 2014

Opinion regarding the interpretation of Section 7-5-120(B)(3) of the South Carolina Code. Specifically, pursuant to the terms of Section 7-5-120(B)(3), a Fairfield County resident who was convicted of a felony was removed from the active voting rolls.

Requested by: John E. James, Esq., Fairfield County Attorney

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August 14, 2014

Opinion regarding the Comptroller General “has received a request from the South Carolina Retirement Systems Investment Commission (“RSIC”) to process payment pursuant to South Carolina Code Annotated Section 9-16-370, for reimbursement of legal fees incurred by an RSIC Commission member.

Requested by: Mr. William E. Gunn, Chief of Staff, Office of the Comptroller General

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August 4, 2014

Opinion regarding “[a] County Clerk of Court recently received a request pursuant to the S.C. Freedom of Information Act (“FOIA”) from a citizen asking for names and contact information of County grand jurors.”

Requested by: Mr. Robert L. McCurdy, Assistant Director, South Carolina Court Administration, South Carolina Supreme Court

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July 14, 2014

Opinion answering multiple questions in regards to charging and prosecuting the DUI on the designated ticket.

Requested by: The Honorable Steve Loftis, Greenville County Sheriff’s Office

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July 3, 2014

Opinion concerning whether or not Oconee County may continue to utilize late tax penalties collected by the county on ad valorem taxes.

Requested by: The Honorable Gregorie W. Nowell, Oconee County Treasurer

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June 30, 2014

Opinion asking several questions regarding mandatory reporting when an adult discloses that they were abused as a child.

Requested by: The Honorable Mike Fair, SC Senate

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May 20, 2014

Opinion on whether section 40-80-20(B) of the South Carolina Code applies to convictions of arson which occurred prior to June 30, 2001.

Requested by: Chief David W. Jennings, Flint Hill Fire Department

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May 12, 2014

Opinion regarding whether a former elected county official who pled guilty to misconduct in office pursuant to South Carolina Code § 8-1-80 et seq. pursuant to a State Grand Jury indictment would be guilty of a crime of moral turpitude for using state property for his own personal and pecuniary gain.

Requested by:  Mark A. Keel, Chief, S.C. Law Enforcement Division

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April 28, 2014

Opinion asking several questions regarding taxes and receipt of funds in the Town of James Island and James Island Public Service District.

Requested by: The Honorable Bill Woolsey, Mayor, Town of James Island

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April 17, 2014

Opinion as to whether a staff member at the South Carolina Criminal Justice Academy (the “Academy”) may lawfully engage in a private business during his or her free time.

Requested by: Brandy A. Duncan, Esquire, General Counsel, South Carolina Criminal Justice Academy

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April 14, 2014

Opinion concerning the training required of magistrates’ constables in order for them to carry a handgun while performing their duties in such capacity, referencing the language of S.C. Code §§ 22-9-180 and -190, as well as two prior opinions from 1976 and 1978.

Requested by: The Honorable Joshua R. Edwards, Magistrate, Darlington County

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April 10, 2014

Opinion concerning several issues related to the expungement of criminal records.

Requested by: The Honorable Steve Loftis, Sheriff, Greenville County

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March 18, 2014

Opinion asking can a member of an organized fire department who has risen to the point that his duties may include those of a local fire marshal, but who is not certified by the State Fire Marshal and not acting under that state authority, be commissioned by a Police Chief or Sheriff as a law enforcement officer then be considered not to hold two public office in violation of the State Constitution.

Requested by: Mark A. Keel, Chief, South Carolina Law Enforcement Division

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March 12, 2014

Opinion “on an issue that could impact the ability of the State of South Carolina to hold elections during the current election cycle.”

Requested by: The Honorable Larry A. Martin, Senator, District No. 2

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March 3, 2014

Opinion regarding the proper interpretation of Sections 6 and 7 of Act 69 of 2011, now codified at S.C. Code Ann. § 17-13-170 and 23-3-1100 respectively.

Requested by: The Honorable Richard M. Gergel, Judge, United States District Court

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March 3, 2014

Opinion asking, is an individual who has been granted Deferred Action for Childhood Arrivals (“DACA” or “deferred Action”) status eligible for a South Carolina professional or occupational license?

Requested by: Melina Mann, General Counsel, South Carolina Department of Labor, Licensing and Regulation

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February 24, 2014

Opinion asking does Rule 29(a) of the South Carolina Rules of Criminal Procedure allowing post-trial motions without a hearing permit a sentence reduction by a judge without prior notification to the Victim or opportunity for the Victim to be heard concerning such reduction?

Requested by: Veronica Swain Kunz, Crime Victims’ Ombudsman, Office of the Crime Victims’ Ombudsman

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February 18, 2014

Opinion concerning the potential use of radar speed measurement devices by private security officers on the properties they are hired to protect.

Requested by: Mark Keel, Chief, South Carolina Law Enforcement Division

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February 3, 2014

Opinion as to whether the developer of a “safety-related” smartphone application (the “Developer”) and certain employees would be subject to licensing and registration requirements of Chapter 18 Title 40 of the S.C. Code concerning private security agencies if the application is made available for use in this State.

Requested by: Mark Keel, Chief, South Carolina Law Enforcement Division

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December 30, 2013

Opinion concerning a request under the Freedom of Information Act (FOIA) for an incident report concerning an alleged assault committed by one minor child against another that took place at a local middle school.

Requested by: Paige E. Tiffany, Esquire, City of Aiken

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December 2, 2013

Opinion as to whether the insurance requirements for school buses set forth in S.C. Code § 59-67-710 apply to a school district’s contracts with parents to transport their own children to and from school by virtue of S.C. Code § 59-67-740.

Requested by: The Honorable Mick Zais, State Superintendent of Education

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November 25, 2013

Opinion regarding the fabrication, transport and display of working water distillation units.

Requested by: The Honorable Murrell Smith, District No. 67-Sumter-Clarendon Counties

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November 18, 2013

Opinion concerning the legality of municipalities setting their own fines for speeding violations as opposed to the penalties set forth in the Uniform Act Regulating Traffic on Highways (the “UTA”), S.C. Code §§ 56-5-10 et seq.

Requested by: The Honorable Jimmy C. Bales, Ed.D, Member, House of Representatives

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November 18, 2013

Opinion on the legality of counties and municipalities issuing tickets for traffic and other offenses under local ordinances.

Requested by The Honorable Curtis M. Loftis, Jr., South Carolina State Treasurer.

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November 5, 2013

Opinion concerning the delegation of SLED’s authority to enforce the laws and regulations concerning alcoholic beverages under Title 61 of the S.C. Code to local law enforcement officers.

Requested by: Mark Keel, Chief, State Law Enforcement Division

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November 4, 2013

Opinion clarifying the five days hold of impounded animals at a county/municipal shelter prior to disposition which is provided for in section 47-3-60(B) of the South Carolina Code.

Requested by:  The Honorable David Hogue, Mayor, Town of Blacksburg

Read full opinion here.

October 29, 2013

Opinion regarding a law enforcement officer purchasing time from the State toward his police retirement.

Requested by:  The Honorable Glenn Reese, Senator, District No. 11

Read more here.

October 29, 2013

Opinion regarding expungement of criminal records.

Requested by Chief Mark Keel, SC Law Enforcement Division

Read full opinion here.

October 24, 2013

Opinion concerning the release of “dual arrest” incident reports under the Freedom of Information Act (FOIA) where one arrestee has had the records pertaining to his or her charge expunged but the other has not.

Requested by:  Chief Gregory C. Mullen, City of Charleston Police Department

Read full opinion here. 

October 10, 2013

Opinion concerning the Humane Society of McCormick County

Requested by:  G.P. Callison, Jr., Esquire, McCormick County Attorney

Read full opinion here. 

October 10, 2013

Opinion as to whether the Governor has the power to appoint someone to replace a magistrate who resigned in April of this year when the Legislature was in session, but the Governor’s Office did not receive notice of the resignation until the legislative session had ended.

Requested by:  The Honorable Floyd Nicholson, Senator, District No. 10

Read full opinion here.

October 8, 2013

Opinion concerning the authority of a magistrate to set bond for a defendant who is charged with, or has prior convictions for, several offenses classified as serious or most serious offenses under S.C. Code § 17-25-45.

Requested by:  The Honorable Kenneth H. Dover, Magistrate, Spartanburg County

Read full opinion here. 

October 8, 2013

Opinion concerning the College of Charleston’s policies concerning allegations of sexual harassment or misconduct against employees.

Requested by:  P. George Benson, President, College of Charleston

Read full opinion here.

October 4, 2013

Opinion concerning the legality of a “casino night” under State law.

Requested by: Stirling Halversen, City Attorney, Isle of Palms

Read full opinion here. 

September 18, 2013

Opinion concerning the collection of fines by the State Transport Police for certain violations of the Uniform Act Regulating Traffic on Highways, S.C. Code §§ 56-5-10 et seq.

Requested by:  The Honorable Scott D. Whittle, Magistrate, Lexington County

Read full opinion here.

September 17, 2013

Opinion concerning the process for having a magistrate removed from office for incapacity or misconduct as well as the process by which the number of magistrates in a county is decreased.

Requested by:  Joan Elizabeth Winters, Esquire, Chester County Attorney

Read full opinion here. 

August 20, 2013

Opinion regarding the Victim’s Bill of Rights.  The Victim of a crime in South Carolina has a constitutional right to access the documents relating to the crime in which they were involved in before trial.

Requested by:  Debbie D. Curtis, Crime Victims’ Ombudsman, Office of Crime Victims’ Ombudsman

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August 20, 2013

Opinion as to whether a municipal judge may sign arrest and search warrants at his or her residence which is located outside the boundaries of the municipality over which he or she has jurisdiction.

Requested by:  The Honorable Gene T. Janikowski, Municipal Judge, Goose Creek Municipal Court

Read full opinion here. 

August 14, 2013

Opinion regarding the interpretation of Section 5-7-110 of the South Carolina Code, which deals with, among other things, the authority of a municipal police force to contract with private businesses to provide police protection beyond a municipality’s corporate limits.

Requested by Chief Christopher Garner, Pelion Police Department

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August 6, 2013

Opinion as to whether a campus police department may authorize its officers to use their personal vehicles for law enforcement purposes and install blue lights on such vehicles.

Requested by:  Mark Keel, Chief, State Law Enforcement Division

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August 2, 2013

Opinion as to whether an individual who was required to register as a sex offender but was pardoned for the underlying offense in 2004 is entitled to have his information removed from the Sex Offender Registry.

Requested by: Mark Keel, Chief, State Law Enforcement Division

Read full opinion here.

July 11, 2013

Opinion regarding the interpretation of Section 16-17-680, which , as pointed out in your letter, deals with the purchase, transportation and sale of nonferrous metals.

Requested by: Jeffrey B. Moore, Executive Director, South Carolina Sheriffs’ Association

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July 9, 2013

Opinion as to who may properly prosecute a courtesy summons charge issued pursuant to S.C. Code § 22-5-115 in summary court.

Requested by: The Honorable C. Ryan Johnson, Magistrate, Greenwood County

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June 20, 2013

Opinion as to whether an individual certified as a law enforcement officer in North Carolina can maintain such certification if he or she is also certified as a Class 2 law enforcement officer as a jailer in South Carolina.

Requested by: Brandy A. Duncan, Esquire, General Counsel, South Carolina Criminal Justice Academy

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June 14, 2013

Opinion asking do the 2013 amendments to Sections 61-2-180 and 61-4-580 of the South Carolina Code of Laws mean; any place licensed to serve alcohol may now have bingo, casino nights and poker nights as long as they are for a charitable purpose? And, may holders of beer and wine permits have game promotions including contests, games of chance, or sweepstakes in which the elements of chance and prize are present and which comply with specified requirements contained in subsection 3 [of S.C. Code Section 61-4-580] as long as the game or sweepstakes does not use a “poker machine?”

Requested by: The Honorable Barry J. Barnette, Solicitor, Seventh Judicial Circuit

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June 13, 2013

Opinion as to whether fines imposed in magistrates court for violations of county ordinances may be retained entirely by the county.

Requested by: John E. James, III, Esquire, Fairfield County Attorney

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June 5, 2013

Opinion concerning placing individuals on trepass notice with regards to apartment complexes and government housing.

Requested by: The Honorable Danny Singleton, Municipal Judge, City of Seneca

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June 3, 2013

Opinion concerning the disposition of weapons seized by law enforcement for offenses other than those covered by the Preservation of Evidence Act.

Requested by: Crystal Moore, Chief of Police, Latta Police Department

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May 29, 2013

Opinion as to whether a proposed traffic ordinance conflicts with State law.

Requested by: Kenneth E. Gaines, Esquire, City Attorney, City of Columbia

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May 21, 2013

Opinion concerning the expungement of records pertaining to criminal charges in summary courts.

Requested by: Robert L. McCurdy, Assistant Director, South Carolina Court Administration

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April 19, 2013

Opinion regarding investigations by the South Carolina Law Enforcement Division (“SLED”) of shootings involving law enforcement officers.

Requested by: Mark Keel, Chief, State Law Enforcement Division

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April 18, 2013

Opinion regarding the authority of National Park Service Rangers (“Rangers”) at a National Park site to issue South Carolina Uniform Traffic Tickets (“UTT”) for violations on federal property.

Requested by: Mark Keel, Chief, State Law Enforcement Division

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April 18, 2013

Opinion addressing “social host” criminal liability as it pertains to the consumption of alcohol by minors.

Requested by: The Honorable James Lee Foster, Office of the Sheriff, County of Newberry

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April 4, 2013

Opinion regarding the appointment of reserve police officers by the Grenville-Spartanburg Airport District (“GSP”).

Requested by: Brandy A. Duncan, Esquire, General Counsel, South Carolina Criminal Justice Academy

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April 2, 2013

Opinion asking whether a commissioned South Carolina Department of Public Safety (“DPS”) Special Constable who presently works at a local school district may carry his weapon onto school property.

Requested by: The Honorable Michael A. Pitts, Member, House of Representatives

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March 26, 2013

Opinion asking whether you, as the elected auditor of Georgetown County, may present a case before the magistrate’s court as a representative of the county so that you may perform your duties?

Requested by: The Honorable Linda Mock, Georgetown County Auditor

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March 20, 2013

Opinion asking if the vehicles of the Greenwood County Sheriff’s Office [“Sherriff’s Office”] and [South Carolina] Department of Public Safety/[South Carolina] Highway Patrol [“DPS/Highway Patrol”] collide in an incorporated or unincorporated jurisdiction, where the Sheriff’s office vehicle is registered, which law enforcement agency should investigate the collision?

Requested by: The Honorable Michael A. Pitts, Member, House of Representatives

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March 5, 2013

Opinion regarding the Blacksburg Police Department (the “Department”) seeking to utilize forfeited funds seized pursuant to S.C. Code Ann. §§44-53-520, 530 to purchase specific items for the Department.

Requested by: Jamie P. Ham, Chief of Police, Blacksburg Police Department

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March 1, 2013

Opinion regarding a magistrate’s general contempt authority.

Requested by: The Honorable Ernest M. O’Brien, Magistrate, Greenville County Board Court

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February 26, 2013

Opinion addressing whether the Hanahan Police Department (“Department”) is required to reimburse Folly Beach for the expenses related to a police safety officer’s fire academy training.

Requested by: Michael A. Cochran, Ed.D., Chief of Police, Hanahan Police Department

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February 22, 2013

Opinion regarding the establishment of agricultural district programs by counties in South Carolina. Specifically, whether local governments have the authority to establish, through ordinance, voluntary agricultural district programs without enabling legislation.

Requested by: The Honorable Daniel B. Verdin, III, Senator, District No. 9

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February 11, 2013

Opinion on Section 16-11-780(C) of the S.C. Code of Laws (definition of prehistoric or historical site).

Requested by The Honorable C. Ryan Johnson, Magistrate, Greenwood County.

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February 6, 2013

Opinion questioning if a process server in South Carolina violate any trespass laws (specifically S.C. Code § 16-11-620) when serving court papers (a summons, complaint, petition, or subpoena) when the property posts a “No trespassing” sign or the property owner tells the process server to leave the property and not return.

Requested by: Mr. John M. “Jake” Knotts

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January 31, 2013

Opinion regarding procedures to be followed when a magistrate or municipal court judge finds no probable cause at a preliminary hearing on a general sessions charge.

Requested by: Robert L. McCurdy, Assistant Director, S.C. Court Administration

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January 28, 2013

Opinion regarding the authority of the Kershaw County Sheriff’s Department (the “Department”) to enforce federal gun laws.

Requested by: The Honorable Jim Matthews, Sheriff, Kershaw County

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January 14, 2013

Opinion regarding whether a person convicted of false imprisonment in North Carolina would be required to register his name on the South Carolina Sex Offender Registry (the “Registry”).

Requested by: Mark Keel, Chief, South Carolina Law Enforcement Division

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December 31, 2012

Opinion as to whether an individual employed by the South Carolina Department of Mental Health (the “SCDMH”) Division of Public Safety as a cadet pending certification as a law enforcement officer is a “public officer” as defined in S.C. Code § 8-1-10 and as used in S.C. Code § 8-1-80 concerning official misconduct.

Requested by: The Honorable Todd Rutherford, Member, House of Representatives

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December 13, 2012

Opinion concerning volunteer firemen driving their private vehicles, which are equipped with red lights and sirens, to fire calls.

Requested by: The Honorable David H. Taylor, Sheriff, Union County

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November 28, 2012

Opinion concerning a request under the Freedom of Information Act (“FOIA”) for certain financial records related to the Camden City Drug Fund.

Requested by: W. Kevin Bronson, City Manager, City of Camden

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October 19, 2012

Opinion regarding the enforcement of beach regulations on Fripp Island, a gated community in Beaufort County.

Requested by: The Honorable Tom Davis, Senator, District No. 46

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October 8, 2012

Opinion regarding civil contempt being transmitted to SLED via live scan for placement on the National Crime Information Center (“NCIC”).

Requested by: Mark Keel, Chief, South Carolina Law Enforcement Division

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October 2, 2012

Opinion asking whether an instructor at the South Carolina Criminal Justice Academy (CJA) who, by virtue of that position, holds a state constable commission and is certified as a Class 3 law enforcement officer may also work part-time performing the duties of a deputy coroner.

Requested by: The Honorable Gary Watts, Coroner, Richland County

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September 25, 2012

Opinion questioning whether a private security guard has the right to sign an arrest warrant on a suspect that has committed an offense on the property the security guard is contracted to protect, and whether he has authority off the protected property, such as providing security for an arrestee at a medical facility or while booking an arrestee into jail.

Requested by: The Honorable Chuck Wright, Sheriff, Spartanburg County

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September 20, 2012

Opinion as to whether the Cherokee County Sheriff’s Department (“Department”) is required to reimburse the previous law enforcement agency for non-mandatory training.

Requested by: The Honorable Steve Mueller, Sheriff, Cherokee County

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September 12, 2012

Opinion asking whether a court would likely find that UFCW’s activity constitutes solicitation of “business” prohibited by §56-5-3180(b).

Requested by: Warren V. Ganjehsani, General Counsel, S.C. Department of Public Safety

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August 3, 2012

Opinion addressing the geographical limits applicable to lawful gambling ship activity along South Carolina’s coast pursuant to South Carolina’s Gambling Cruise Act [“Act’], as codified at S.C. Code Ann. §§3-11-100 et seq.

Requested by: The Honorable Glenn F. McConnell, Lieutenant Governor

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July 19, 2012

Opinion regarding dual office holding. Specifically, you request that we advise as to whether members of fire departments, including fire/arson investigators, are exempted from the dual office holding prohibition.

Requested by: Brandy A. Duncan, Esquire, General Counsel, SC Criminal Justice Academy

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July 17, 2012

Opinion regarding whether the Governor has the authority to suspend a public official who was indicted for a violation of the State Ethics Act (the “Ethics Act”).

Requested by: Swati S. Patel, Esquire, Chief Legal Counsel, Office of the Governor

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July 11, 2012

Opinion regarding the power of a municipality to disband its police department.

Requested by: Benjamin F. Thomas, III, Assistant Chief, South Carolina Law Enforcement Division

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July 2, 2012

Opinion regarding several questions related to the appointment and terms as Municipal Court Judge.

Requested by: The Honorable Vanessa C. Hollins, Municipal Judge, Town of Winnsboro

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June 25, 2012

Opinion regarding the validity of a Spartanburg County ordinance that, in addition to a fine of not more than five hundred dollars, imposes a jail sentence of up to thirty days imprisonment for a violation of a drug paraphernalia ordinance even though State law only imposes a civil fine for such a violation.

Requested by: Terry W. Richards, Chief, Lyman Police Department

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June 6, 2012

Opinion regarding the use of underage youth (ages 15 to 17) by the South Carolina Department of Alcohol and Other Drug Abuse Services (“DAODAS”) while working with the United States Food and Drug Administration (“FDA”)  to enforce federal regulations against the sale of tobacco products to individuals under the age of eighteen.

Requested by: Robert C. Toomey, Director, S.C. Department of Alcohol and Other Drug Abuse

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May 16, 2012

Opinion concerning eligibility requirements for members of the Saluda County Water and Sewer Authority (the “Authority”).

Requested by: Brian L. Burgess, Manager, Saluda County Water and Sewer Authority

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May 2, 2012

Opinion concerning the handling of shoplifting cases by the City of Columbia Police Department (the “Department”).

Requested by: Steven A. Gantt, City Manager, City of Columbia

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April 19, 2012

Opinion regarding procedures for issuing a replacement Uniform Traffic Ticket (“UTT”).

Requested by: Thomas E. Ellenburg, City Attorney,  City of Myrtle Beach

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April 12, 2012

Opinion regarding the authority of a deputy coroner to carry a firearm.

Requested by: The Honorable Lloyd B. Ward, Coroner, Barnwell County

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April 5, 2012

Opinion concerning the recent decision of the United States Supreme Court (“USSC”) in United States v. Jones, 565 U.S. ___, 132 S.Ct. 945 (2012) as it pertains to S.C. Code Ann. §17-30-140 and the use of Global Positioning System (“GPS”) tracking devices.

Requested by: Brian Buck, Chief of Police, Irmo Police Department

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April 2, 2012

Opinion concerning whether an elected official, who has a concealed weapons permit, may at any time and specifically, during meetings of city council, lawfully carry a concealable weapon inside a building that also houses City Hall, the Police Department, and the Courthouse.

Requested by: M. Bryan Turner, Chief of Police, Mauldin Police Department

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March 21, 2012

Opinion regarding the authority of a registered private security officer employed in an enclosed and/or gated residential enclave to pursue and stop vehicles, and detain and issue uniform traffic tickets or administrative traffic tickets to violators on streets within the enclave.

Requested by: Mark Keel, Chief, State Law Enforcement Division

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March 20, 2012

Opinion concerning Cherokee County Council’s authority to fund a scholarship program proposed by community members of the County that would provide tuition assistance to students who attend a local technical college and meet certain qualifications.

Requested by: Joseph L. Mathis, Esquire

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March 16, 2012

Opinion regarding the Honorable James A. Preacher, Jr., mayor of the Town of Norway (“Mayor”).

Requested by: Hubert F. Harrell, Director, SC Criminal Justice Academy

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February 28, 2012

Opinion concerning the right of an individual who receives a judgment or sentence in municipal court to obtain a transcript or tape recording of the proceeding for purposes of an appeal.

Requested by: The Honorable William R. Johnson, Mayor, Town of Holly Hill

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February 14, 2012

Opinion concerning whether Defendant is required to register as a sex offender.
Requested by Mark Keel, Chief, State Law Enforcement Division

February 6, 2012

An opinion regarding whether the Family Educational Rights and Privacy Act (“FERPA”) prohibits a school district from sharing information on crimes committed in the schools with the sheriff’s department.
Requested by:  The Honorable Leon Lott, Sheriff, Richland County

January 18, 2012

Opinion regarding our interpretation of S.C. Code Ann. §50-11-310(B). Specifically, whether or not §50-11-310(B) prohibits hunting or taking over bait, or simply prohibits baiting for deer.

Requested by: Buford S. Mabry, Jr., Chief Counsel, South Carolina Department of Natural Resources

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January 6, 2012

Opinion regarding the Policies and Procedures Manual for South Carolina State Constables (the “Manual”), which was updated on September 8, 2011, by the Constable Advisory Council (the “Council”) of the State Carolina Law Enforcement Division (“SLED”). Specifically, whether SLED has authority to require commissioned Group III constable to perform this additional service.

Requested by: The Honorable Glenn G. Reese, Senator, District No. 11

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December 9, 2011

Opinion regarding the constitutional validity of proposed “Sheriffs First” legislation.

Requested by: Jeffrey B. Moore, Executive Director, South Carolina Sheriff’s Association

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November 18, 2011

Opinion regarding county veterans’ affairs officers. Specifically, asking for clarification as to whether the county veterans’ affairs officer is thus subject to State personnel policies. And if not, whether the delegation may then adopt a grievance policy for the veterans’ affairs officer.

Requested by:  The Honorable Mike Forrester, Member, House of Representatives

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November 7, 2011

Opinion concerning “[u]nder what authority, if any, does a county council have the authority to enact an ordinance requiring elected officials residing in that county, including the county legislative delegation, to submit to a drug screen as a condition for holding office?”

Requested by:  The Honorable Mike Forrester, Member, House of Representatives

October 27, 2011

Opinion concerning what criminal offenses and penalties are applicable to the designation of Three Synthetic Cathinones (Bath Salts) and Five Synthetic Cannabinoids (K2 and Spice) as Schedule I(d) Controlled Substances

Requested by: Mark Keel, Chief, State Law Enforcement Division

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October 26, 2011

Opinion concerning the validity of Proviso 76.14 as proposed in the Conference Committee Report concerning the 2011-2012 Appropriations Act.

Requested By: The Honorable Curtis M. Loftis, Jr., South Carolina State Treasurer

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October 11, 2011

Opinion concerning the validity of municipal ordinances regulating fireworks. Specifically, whether such regulation is preempted by State law providing for the regulation of fireworks in S.C. Code §§ 23-35-10 et seq., and if the “Fireworks Prohibited Zones” established in § 23-35-175 constitute the only areas where the discharge of Fireworks can be banned.

Requested by: H. Fulton Ross, Jr., Esquire

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October 11, 2011

Opinion regarding whether a sheriff’s department may compete against private businesses for the contract to provide drug-sniffing dogs to the school districts.

Requested by: The Honorable Glenn G. Reese, Member, SC Senate

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October 6, 2011

Opinion regarding “solicitation” by bail bondsmen or runners pursuant to S.C. Code Ann. §38-53-170 (f). Specifically, whether a bail bond licensee’s display of the name of the bonding company and telephone number on his vehicle when the vehicle is left on the premises of a detention center, or a bondsman wearing clothing which displays similar information, constitutes “solicitation?”

Requested by:  David E. Belton, Esquire

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September 28, 2011

Opinion regarding the authority of the South Carolina Department of Health and Environmental Control (“DHEC”) to alter drug schedules.

Requested by: Carlisle Roberts, Jr., Esquire

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August 29, 2011

Opinion concerning the validity of a county or municipal ordinance permitting animal shelters to dispose of unclaimed animals after they have been impounded for only three days, which you note is less than the five day statutory holding period set forth in S.C. Code Ann. § 47-3-60(b).

Requested by: The Honorable David A. Hogue, Mayor, Town of Blacksburg

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August 25, 2011

Opinion regarding the policy of Spartanburg School District Three (the “School District”) requiring visitors to produce identification for scanning when entering a public school.

Requested by: The Honorable Shane Martin, Senator, District No. 13

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August 16, 2011

Opinion asking (1) whether a person must pursue a cause of action in a specific magistrate court within that person’s district or can the person elect to file in another district, and (2) does a magistrate court have jurisdiction to hear cases for violations of the Fair Credit Reporting Act, Fair Debt Collections Practices Act and Defamation of Character?

Requested by: The Honorable J. Roland Smith, Member, House of Representatives

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August 16, 2011

Opinion concerning a provision in the recently enacted legislation, H.3003, or commonly known as the “Photo ID” or “Voter ID” legislation.

Requested by: Marci Andino, Executive Director, SC Election Commission

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August 8, 2011

Opinion regarding expungement orders. Specifically, whether “an order for expungment requires destruction of all or part of [DPPPS’s] offender file?”

Requested by: Kela E. Thomas, Director, Department of Probation, Parole and Pardon Services

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July 22, 2011

Opinion concerning the duties of the Native American Indian Advisory Committee (the “Committee”) and its membership requirements pursuant to regulations promulgated by the State Commission for Minority Affairs (the” Commission”).

Requested by: Thomas J. Smith, Executive Director, SC Commission for Minority Affairs

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July 21, 2011

Opinion regarding the South Carolina Law Enforcement Division (“SLED”) working to become compliant with the Federal Sex Offender Registration and Notification Act (“SORNA”). Specifically, asking for advice regarding the proper Tier classification for the offense of “Committing or attempting lewd act upon child under sixteen.”

Requested by: Susan O. Porter, Esquire, General Counsel, SC Law Enforcement Division

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July 15, 2011

Opinion addressing when evidence becomes “physical evidence” or “biological material” under S.C. Code Ann. §§17-28-300 et seq., the “Preservation of Evidence Act.”

Requested by: Captain Garland Major, Jr., Anderson County Sheriff’s Department

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July 14, 2011

Opinion concerning the burning practices used by the US Forest Service in South Carolina.

Requested by: The Honorable Joe H. Jefferson, Jr., SC House of Representatives

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July 8, 2011

Opinion asking whether one would be prohibited “from holding his commission as a State Trooper while simultaneously serving on the WEOC [Waccamaw Economic Opportunity Council] Board of Directors.”

Requested by: F.K. Lancaster, Jr., Interim Director, S.C. Department of Public Safety

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July 7, 2011

Opinion regarding the South Carolina Law Enforcement Division (“SLED”) working to become compliant with the Federal Sex Offender Registration and Notification Act (“SORNA”). Specifically, asking for assistance on the classification of certain offenses.

Requested by: Susan O. Porter, Esquire, General Counsel, SC Law Enforcement Division

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June 28, 2011

Opinion concerning a person giving a false police report as proscribed by South Carolina law.

Requested by: The Honorable Raymond E. Cleary, III, Senator, District No. 34

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June 28, 2011

Opinion regarding S. 592 (R. 63) (also “the Act”), which was approved by the Governor on June 7, 2011, and amends Title 25 with respect to the South Carolina Military Code.

Requested by: Colonel Barry Bernstein, State Judge Advocate and General Counsel, Office of the Adjunct General

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June 21, 2011

Opinion questioning whether pursuant to South Carolina’s Freedom of Information Act (“FOIA”), S.C. Code Ann. §§ 30-4-10 et seq., are inmates’ personal telephone calls subject to disclosure; and…. , is security footage from a jail’s booking area and/or other areas within a jail subject to disclosure.

Requested by: Larry W. Powers, Director, Spartanburg County Detention Facility

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June 6, 2011

Opinion concerning the legality of placing Sweepstakes Promotional electronic games in a restaurant on Hilton Head Island.

Requested by: The Honorable P. J. Tanner, Sheriff, Beaufort County

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May 25, 2011

Opinion concerning Standards of Judicial Conduct. Specifically, whether a magistrate judge can serve in the same county in which the judge’s spouse is employed by the Solicitor.

Requested by: The Honorable Raymond E. Cleary, III, Senator, District No. 34

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May 25, 2011

Opinion regarding the legality of a County Tax Auditor to hire a full-time non-law enforcement employee whose principal duties are to issue Courtesy Summonses, as the Affiant, to potential violators of the motor vehicle tax and registration statutes.

Requested by: The Honorable Deborah A. Long, Member, House of Representatives

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May 24, 2011

Opinion concerning the pending resentencing trial of a defendant in a capital murder case in your judicial circuit.

Requested by: The Honorable Barry J. Barnette, Solicitor, Seventh Judicial Circuit, Spartanburg County Courthouse

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May 17, 2011

Opinion regarding any possible liability of the State. Specifically, asking “[i]f the General Assembly were to prohibit the completion of the project through a joint resolution similar to the one proposed in S.800, would the State be liable for the funding of the project?”

Requested by: The Honorable Larry A. Martin, Senator, District No. 2

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May 12, 2011

Opinion concerning the “Preservation of Evidence Act” and the length of time the evidence must be preserved pursuant to a Conviction by Plea.” Specifically, asking whether, “[u]nder subsection (C) of Section 17-28-328, can we – the Anderson County Sheriff’s Office – dispose of the Evidence without court order after the seven years have expired?”

Requested by: Sergeant J. Thomas Clamp, Jr., Anderson County Sheriff’s Office

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May 9, 2011

Opinion regarding the legality involving confiscations of students’ personal cell phones by school staff/administration, and the subsequent “searching, reading and looking at the contents of the cell phone.” Specifically following an incident where school staff/administration observed “sexting,” inappropriate adult photographs (not pornographic), and inappropriate conversations.

Requested by: Corporal Ricarda M. Fowler, Summerville Police Department

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April 26, 2011

Opinion as to whether a trial judge may suspend a fine imposed pursuant to S.C. Code Ann. § 56-1-460.

Requested by: The Honorable J. Lawrence Duffy, Jr., Municipal Judge, Town of Mount Pleasant

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April 26, 2011

Opinion regarding whether S.C. Code Ann. § 50-21-148 allows an authorized law enforcement officer to charge a recreational swimmer with obstructing access to a boat ramp and its facilities.

Requested by: The Honorable William E. Sandifer, III, Member, House of Representatives

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April 20, 2011

Opinion regarding the minimum level of law enforcement services provided in the Town of Pendleton, a municipality in Anderson County.

Requested by: Daniel L. Draisen, Esquire

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April 7, 2011

Opinion regarding a partnership between the Orangeburg Department of Public Safety and Claflin University creating a forensics laboratory and the operation of this laboratory.

Requested by: Captain Thad Turner, Orangeburg Department of Public Safety

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April 6, 2011

Opinion concerning a “rash of catalytic converters stolen (sawed off under the carriage) from vehicles” in Greenwood County and other counties throughout South Carolina. Specifically, asking “as to whether this crime falls under the jurisdiction of Section 16-13-160 of the South Carolina Code of Laws.”

Requested by: The Honorable Tony Davis, Sheriff, Greenwood County

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April 6, 2011

Opinion concerning the applicability of the Drivers’ Privacy Protection Act with a data request by the South Carolina Court System.

Requested by: Mr. Kevin A. Shwedo, Executive Director, SC Department of Motor Vehicles

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March 30, 2011

Opinion concerning registered sex offenders living within the City of Darlington.  Specifically, “whether or not there is any reason law enforcement cannot check on registered sex offenders who live in a municipality.”

Requested by: Captain Daniel Watson, Darlington City Police

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March 29, 2011

Opinion concerning information requests from individuals who are incarcerated by the South Carolina Department of Corrections (SCDC). Specifically, whether the State Library has “the legal right to refuse information requests initiated by incarcerated citizens,” or “does the legal right to restrict information requests from inmates reside with the [SCDC]?”.

Requested by: David S. Goble, Director, South Carolina State Library

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March 29, 2011

Opinion clarifying Act No. 277, 2010, requiring the surrender of one’s driver’s license to the Department of Mother Vehicles (DMV) when that person has been convicted of a “crime of violence.”

Requested by: Ms. Rosalyn W. Frierson, Director, SC Court Administration

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March 16, 2011

Opinion concerning obligations of the Lancaster County Sheriff’s Office regarding an arrest on private property by a private security agency.

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Requested by: Thomas W. Holland, Sr., Esquire

March 11, 2011

Opinion concerning the application of S.C. Code Ann. §16-17-470(B) (2003).

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Requested by: The Honorable Larry A. Martin, Member, SC Senate

March 3, 2011

Opinion questioning whether members of the Anderson Fire Department are “able to obtain search warrants, collect evidence, question witnesses (take statements), receive tips through Crime stoppers and run background checks” relating to fire investigations.

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Requested by: Chief R. Dale Horne, Anderson Fire Department

February 23, 2011

Opinion questioning the authority of the Coroner, Fire Chief and law enforcement during an investigation.

Requested by: The Honorable Richard Carter, Chief Deputy Coroner, Colleton County

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February 3, 2011

Opinion concerning the Jasper County Board of Zoning Appeals.

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Requested by: Marvin C. Jones, Esquire

December 15, 2010

Opinion concerning the use of cell phones by inmates within the South Carolina Department of Corrections (SCDC) and SCDC’s access to information about the phone calls illegally made by the inmates.

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Requested by: Jon Ozmint, Director, SC Department of Corrections

December 6, 2010

Opinion concerning the definition of the “unlawful use of a controlled substance” within the context of the regulations promulgated by the Department of Public Safety pertaining to the certification of law enforcement officers.

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Requested by: Hubert F. Harrell, Director, SC Criminal Justice Academy

November 23, 2010

Opinion regarding the application of child support statutes across the state. Specifically, “the constitutionality of our state’s child support statutes not being applied consistently across our state agencies (in particular, our Family Court System and the Dept. of Social Services).”

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Requested by: The Honorable Luke A. Rankin, Member, SC Senate

November 10, 2010

Opinion on the Preservation of Evidence Act (S.C. Code, Sections 17-28-300 et seq.).

Requested by The Honorable Gary Watts, Richland County Coroner.

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November 9, 2010

Opinion regarding “Preservation of Evidence Act”, S.C. Code Ann. §§ 17-28-300 et seq.

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Requested by: The Honorable Gary Watts, Coroner, Richland County

November 9, 2010

Opinion questioning whether there is any criminal or civil liability would be created by the return of this evidence to the victim by the city police department.

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Requested by: The Honorable G. Murrell Smith, Jr., Member, House of Representatives

November 4, 2010

Opinion concerning the South Carolina Board of Paroles and Pardons voting procedures. And questioning “what the correct procedures are for the board to re-vote on a case which has already been decided by a previous vote.”

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Requested by: The Honorable Chip Huggins, SC House of Representatives, Dist. No. 85

October 27, 2010

Opinion questioning and seeking clarification concerning whether a coroner can legally issue a cremation permit authorizing the cremation of a victim’s body or must that body be released as authorized for burial only.

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Requested by: The Honorable Gary Watts, Coroner, Richland County

October 25, 2010

Opinion concerning dual office holding. Specifically, whether service as a Commissioner County Aviation Authority would violate the prohibition against dual office holding.

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Requested by: J. Hugh Ryan, III, Esquire, Deputy Director and General Counsel, South Carolina Commission on Indigent Defense

October 14, 2010

Opinion questioning whether individuals who formerly only had to register biannually can now be required every ninety days if they come within the referenced classification.

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Requested by: Ms. Natalie H. Spires, Sex Offender Registry Coordinator, SC Law Enforcement Division

October 12, 2010

Opinion requesting clarification of previous opinion dated August 11, 2010. That opinion questioned whether the coroner’s office “…is required to release a biological specimen collected from a decedent to any outside party by order of any court for the purposes of establishing paternity.”

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Requested by: The Honorable Gary Watts, Coroner, Richland County

October 1, 2010

Opinion concerning the effect of the Omnibus Crime Reduction and Sentencing Reform Act of 2010 on S.C. Code §§ 63-19-820 and 63-19-1210. Specifically, whether the references to “assault and battery of a high an aggravated nature’ in [S.C. Code Ann. §§ 63-19-820 and 63-19-1210 have] changed to ‘assault and battery with intent to kill’ or ‘attempted murder?'”

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Requested by: Hubert F. Harrell, Director, SC Criminal Justice Academy

September 16, 2010

Opinion regarding the Administrative Procedures Act (“the APA”)and the establishment of an agency level due process hearing (contested case hearing) procedure with regard to law enforcement officer certification decisions. And “whether having such a due process hearing at the agency level would comply with the requirement of the APA if the hearing panel was made up with representatives for the Training Council members or other individuals who are not Training Council members or representatives of Training Council members”.

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Requested by: Hubert F. Harrell, Director, SC Criminal Justice Academy

September 15, 2010

Opinion questioning whether a coroner can legally issue a cremation permit authorizing the cremation of a victim’s body or must that body be released as authorized for burial only.

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Requested by: The Honorable Gary Watts, Coroner, Richland County

September 10, 2010

Opinion as to whether the performance of those duties pursuant to a management contact would constitute dual office holding in violation of the State Constitution.

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Requested by: Kenneth E. Gaines, Esquire

August 30, 2010

Opinion concerning South Carolina Nursing Board’s authority to require current nurses licensed in South Carolina to submit to a state and federal finger-print based criminal background check.

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Requested by: The Honorable David L. Thomas, Member, SC Senate

August 26, 2010

Opinion questioning whether “deputies” of the Department may prosecute violations of the Department’s laws, particularly violations within the jurisdiction of the magistrates’ courts.

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Requested by: Mr. H. W. Funderburk, Jr., Deputy Executive Director, Appeals Division, SC Dept of Employment and Workforce

July 27, 2010

Opinion questioning State Constitutional provisions and State statutes relating to S.C. Code Ann. § 17-15-15 and bail bonds generally.

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Requested by: David E. Belton, Esquire

July 19, 2010

Opinion questioning whether copies of arrest warrants and incident reports maintained at the Spartanburg County Detention Center must be made available for walk-in inspection by the media.

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Requested by: William McBee Smith, Esquire

June 28, 2010

Opinion regarding the use of a municipal summons to enforce its code provisions regarding nuisances within Florence. Specifically, questioning whether or not constables meet the requirement that the summons be served by a law enforcement officer having such jurisdiction.

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Requested by: James W. Peterson, Jr., Esquire, Florence City Attorney

June 28, 2010

Opinion questioning whether a school district is required to report all suspected crimes to law enforcement and whether a school district has the authority to limit law enforcement in the investigation of crimes on school grounds.

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Requested by: Sam W. White, Chief, Public Safety Department

May 26, 2010

Opinion regarding the constitutionality of S.1446.

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Requested by: Larry A. Martin, Member, SC Senate

May 25, 2010

Opinion concerning the Rural Fire Board entering into the executive session

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Requested by: Domenic Manera, Fire Chief, York Fire Department

May 18, 2010

Opinion questioning whether in circumstances where a member of the fire department is also a commissioned law enforcement officer, and is instructed to perform a regularly scheduled fire inspection, does the fact that they are a law enforcement officer require that the individual obtain a search warrant prior to making the inspection.

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Requested by: Jeff Allen, Fire Marshal, Irmo Fire District

May 17, 2010

Opinion questioning whether information relating to EMS calls are subject to confidentiality pursuant to S.C. Code Ann. §§ 44-61-160(A) and 40-71-20.

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Requested by: The Honorable Joel Lourie, Member, SC Senate

April 22, 2010

Opinion regarding the applicability of the Nonresident Violators Compact (NRVC) when a driver appears in court, is fined, but subsequently fails to pay the fine.

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Requested by: The Honorable Veronica G. Small, Municipal Court Judge, City of Charleston

April 15, 2010

Opinion concerning dealers in precious metals. Specifically, whether S.C. Code § 40-54-20 “prohibit[s] the referenced business from buying precious metals at these ‘in house’ parties, rather than exclusively at their place of business (their home or office).”

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Requested by: R. Allen Young, Esquire

March 16, 2010

Opinion questioning whether there are any statutory or constitutional prohibitions to instituting, reinstituting or enlargement of prisoner work programs more commonly referred to as “chain gangs.”

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Requested by: The Honorable Trey Gowdy, Solicitor, Seventh Judicial Circuit, and The Honorable Chuck Wright, Sheriff, Spartanburg County

February 1, 2010

Opinion questioning whether a private security guard has jurisdiction to direct traffic on a public roadway.

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Requested by: Jamie P. Ham, Chief of Police, Blacksburg Police Department

January 28, 2010

Opinion regarding the constitutionality of your city’s ordinance concerning loitering.

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Requested by: Chief S.W. White, City of Union, Public Safety Department

January 27, 2010

Opinion questioning whether an individual whose law enforcement experience is limited to serving as a reserve police officer pursuant to S.C. Code Ann. §§ 23-28-10 et seq. would qualify as a “certified law enforcement officer” for purposes of being qualified to be elected sheriff.

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Requested by: The Honorable V. Stephen Moss, Member, House of Representatives

January 14, 2010

Opinion questioning four things, if a fire inspector can complete and sign, as the affiant, a criminal search warrant? Is there an administrative search warrant and who issues the type warrant? If there is an administrative search warrant, can a fire inspector complete and sign this type of search warrant as the affiant? And may a fire inspector serve an administrative search warrant?

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Requested by: Randy S. Thompson, Fire Marshal, Department of Fire Safety, York County

December 15, 2009

Opinion questioning whether the Fourteenth Judicial Circuit Public Defender is required to provide indigent defense services to defendants charged with misdemeanors tried in the Hilton Head Municipal Court.
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Requested by: Brian E. Hulbert, Esquire

December 2, 2009

Opinion concerning what a person or entity has the authority “to impose sanctions for misbehavior and poor performance in office by the veterans’ affairs officer.”
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Requested by: Jonathan W. Bryan, Esquire

September 10, 2009

Opinion questioning whether a municipality may constitutionally impose a jail sentence of up to thirty days imprisonment for a violation of a drug paraphernalia ordinance even though state law only imposes a civil fine for such a violation.
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Requested by: R. Brent Thompkins, Esquire

September 1, 2009

Opinion concerning dual office holding. Specifically, asking whether an individual may serve simultaneously as a State constable and a part-time county magistrate.
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Requested by: The Honorable Shane Martin, Member, SC Senate

August 26, 2009

Opinion on Section 47-1-40 (animal cruelty).

Requested by Tiffany B. Raines, Staff Attorney, South Carolina court Administration.

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August 25, 2009

Opinion regarding the Municipal Association’s Setoff Debt Collection Program pursuant to this State’s Setoff Debt Collection Act, S.C. Code Ann. §§ 12-56-10 et seq.
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Requested by: John B. Williams, Esquire

August 25, 2009

Opinion referencing S.C. Code Ann. § 23-23-20. Specifically, is “the training facility” wherever I or the Law Enforcement Training Council deem it to be for particular classes, whether at the Academy building in Columbia, or in another building in the field.
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Requested by: Hubert F. Harrell, Director, South Carolina Criminal Justice Academy

August 25, 2009

Opinion questioning whether a “civil fine” imposed for a conviction for possession of drug paraphernalia pursuant to S.C. Code Ann. § 44-23-391 may constitute an “other conviction” for purposes of the expungement of a criminal record pursuant to S.C. Code Ann. § 22-5-910(B).
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Requested by: Todd Hagins, General Counsel, South Carolina Law Enforcement Division

August 25, 2009

Opinion questioning whether you should continue to invoice the Department of Homeland Security as S.C. Code Ann. §23-3-1100 provides or discontinue this practice.
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Requested by: Philip A. Foot, Director, Detention Center, Beaufort County

August 19, 2009

Opinion referencing S.C. Code Ann. concerning § 44-61-160 and regarding the breadth of the confidentiality of data collected which is related to the opinion of the emergency services system in Beaufort County.
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Requested by: Ladson F. Howell, Esquire

August 12, 2009

Opinion questioning whether language added by Act No. 36 of 2009 requires summary court judges to expunge criminal records that arise out of cases involving Title 56, which deal with motor vehicle violations, and Title 50, which deal with Natural Resources or wildlife violations of the Code of Laws.
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Requested by: The Honorable Garry R. Smith, Member, House of Representatives

August 12, 2009

Opinion questioning whether newly enacted Act No. 36, the “Uniform Expungement of Criminal Records Act” applies to traffice offenses or offenses involving the operation of a motor vehicle.
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Requested by: The Honorable Glenn G. Reese, Member, SC Senate

August 10, 2009

Opinion questioning the arrest powers of security guards licensed in this State.
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Requested by: The Honorable John M. Knotts, Jr., Member, SC Senate

July 7, 2009

Opinion as to whether recent legislation allowing a particular school district to levy an impact fee circumvents state law.
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Requested by: The Honorable Tracy R. Edge, Member, House of Representatives

June 23, 2009

Opinion addressing the policies of procedures of the Cherokee County Animal Shelter being in compliance with the Humane Society of Cherokee County.
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Requested by: The Honorable David Hogue, Mayor, Town of Blacksburg

June 4, 2009

Opinion questioning whether “law enforcement has the new responsibility of including this ‘new fifth right’ when Mirandizing a person being arrested, and should such a case be dismissed in the absence of this…(claimed right)?”
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Requested by: Jeffrey B. Moore, Executive Director, South Carolina Sheriff’s Association

May 8, 2009

Opinion regarding the requirement of a sheriff to provide courtroom security for the court of general sessions. And if security could be contracted to a private security company….or other options outside of sworn deputy sheriffs.
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Requested by: The Honorable P.J. Tanner, Sheriff, Beaufort County

May 6, 2009

Opinion questioning whether a Class 3 officer has “full police custodial arrest powers and would the arrest be legal?
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Requested by: James A. Preacher, Jr., Chief of Police, Town of Ehrhardt

April 29, 2009

Opinion questioning whether Charleston Branch Pilot’s Associations (“Pilots”) vessels are considered to be law enforcement vessels of the State of South Carolina.
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Requested by: David M. Hay, Commissioners of Pilotage, Lower Coastal Area

April 1, 2009

Opinion regarding proposed legislation creating a Middle Court in the Fifth Judicial Circuit as to possible violation of equal protection.
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Requested by: The Honorable R. Keith Kelly, Member, House of Representatives

April 30, 2009

Opinion questioning whether or not the practices of “adjustment” and “manipulation” as performed by a licensed physical therapist, is the practice of medicine pursuant to the South Carolina Physical Therapy Practice Act.
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Requested by: The Honorable James H. Harrison, Member, House of Representatives

March 2, 2009

Opinion regarding circumstances in which commissioned law enforcement officers who are also employed by and are members of the fire department that originally responded to a fire remains at the fire scene to conduct an origin and cause investigation.
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Requested by: Jeff Allen, Fire Marshal, Irmo Fire District

February 26, 2009

Opinion regarding the authority of a municipal police officer to act outside his jurisdiction.
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Requested by: Michael D. Martin, Chief of Police, Timmonsville Police Department

January 12, 2009

Opinion questioning whether you may cite for violations of Greenville County ordinances along with State statutory offenses.

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Requested by: Sergeant Rick Masters, Greenville Technical College Campus Police Department

January 22, 2009

Opinion questioning, S.C. Code Ann. § 16-9-320 and various situations in which an individual could be charged with resisting arrest.

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Requested by: Michael D. Owens, Investigator/General Counsel, Pickens County Sheriff’s Office

January 21, 2009

Opinion concerning conflicts with other law enforcement agencies as to who has authority and/or command at various crime and traffic accident scenes.

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Requested by: Chris Guy, Chief of Police, Wellford Police Department

January 2, 2009

Opinion concerning the forfeiture of seized gambling money.

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Requested by: The Honorable W. Glenn Campbell, Sheriff, Darlington County

December 16, 2008

Opinion questioning the applicability of S.C. Code Ann. § 22-5-115 to licensed security guards.

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Requested by: The Honorable Mike Fair, Member, SC Senate

October 31, 2008

Opinion regarding the provisions of Act No. 333 of 2008, the Sex Offender Residency Registration Act. Specifically, questioning the restrictions on local governments implementing a distance requirement regarding the residency requirements of sex offenders either more or less than one thousand feet provided for by the Act.

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Requested by: The Honorable Joan Brady, Member, House of Representatives

October 28, 2008

Opinion regarding an economic development project Laurens County is considering funding.

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Requested by: A. Sandy Cruickshanks IV, Esquire

October 27, 2008

Opinion questioning whether magistrates who do National Guard or Army Reserves duty and training for a consecutive period of four to ten weeks, still draw full-time pay while they are absent from work.

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Requested by: The Honorable Glenn G. Reese, Member, SC Senate

October 20, 2008

Opinion concerning an interpretation of S.C. Code Ann. Section 12-54-240.

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Requested by: Ray N. Stevens, Director, Department of Revenue

October 8, 2008

Opinion regarding the banning of smoking on a beach.

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Requested by: The Honorable K. Allen Deaton, Mayor, Town of Surfside Beach

September 30, 2008

Opinion questioning whether an individual can be accepted into a pretrial intervention program without being arrested.

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Requested by: David B. King, Chief of Police, Town of Honea Path

September 25, 2008

Opinion regarding recent amendments to S.C. Code Ann. § 5-7-12(A).

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Requested by: Rosalyn W. Frierson, Director, South Carolina Court Administration

September 25, 2008

Opinion regarding “law enforcement officers who…seize property and money without making arrests and immediately refer these matters to the Federal Government.”

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Requested by: The Honorable Isaac McDuffie Stone III, Solicitor, Fourteenth Judicial Circuit

September 22, 2008

Opinion regarding a proposed Jasper County ordinance prohibiting persons from within the County from wearing their pants more than three inches below their hips.

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Requested by: Marvin C. Jones, Esquire

September 19, 2008

Opinion regarding the propriety of procedures regarding assets forfeiture pursuant to S.C. Code Ann. §§ 44-53-520 et seq.

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Requested by: The Honorable Trey Gowdy, Solicitor, Seventh Judicial Circuit

September 15, 2008

Opinion regarding the interpretation of S.C. Code Ann. § 23-11-110 which deals in part with the years of experience that an individual must have in order to offer his candidacy for the office of sheriff.

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Requested by: Hubert F. Harrell, Director, South Carolina Criminal Justice Academy

September 12, 2008

Opinion regarding “moving the criminal court from the City-County Complex in Florence to a site in Effingham, which is not inside the City of Florence…”.

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Requested by: The Honorable James T. Schofield, Member, Florence County Council

September 8, 2008

Opinion “as to whether school districts that were recipients of funding under the Public Choice Innovation Schools (PCIS) grant program in 2007-08 (funded through proviso 1A.69)…may carry forward those funds to the current school year.”

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Requested by: The Honorable Jim Rex, Superintendent of Education

August 28, 2008

Opinion regarding S.C. Code Ann. § 47-1-40 as last amended by Act No. 259, specifically, whether agricultural pursuits and activities involving fowl, accepted animal husbandry practices of farm operations and the training of animals, the practice of veterinary medicine, agricultural practices, forestry and silvacultural practices, wildlife management practices, or activity authorized by Title 50 are exempted from prosecution under Section 47-1-40 by the language set forth in subsection (C).

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Requested by: The Honorable J. David Weeks, Member, SC House of Representatives

August 18, 2008

Opinion regarding regarding the amendment to S.C. Code Ann. § 22-5-110 as set forth in Act No. 346 of 2008 and whether State law permits the courtesy summons to be delivered via certified mail.

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Requested by: The Honorable P.J. Tanner, Sheriff , Beaufort County

August 18, 2008

Opinion regarding the amendment to S.C. Code Ann. § 22-5-110 as set forth in Act No. 346 of 2008. Specifically, whether the requirement for a courtesy summons applies to a business when the bad check itself represents prima facie evidence that a crime has been committed. And whether such requirement applies when an individual has been detained for shoplifting.

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Requested by: Jeffrey B. Moore, Executive Director, South Carolina Sheriffs’ Association

August 7, 2008

Opinion regarding the amendment to S.C. Code Ann. § 22-5-110 as set forth in Act No. 346 of 2008. Specifically, whether the courtesy summons authorized by Section 22-5-110 must be used for summary level crimes involving victims when the affiant is non-law enforcement personnel and whether anyone other than a Class 1 law enforcement officer has the authority to request a misdemeanor summary level arrest warrant.

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Requested by: Robert L. McCurdy, Staff Attorney, SC Court Administration

August 5, 2008

Opinion questioning whether serving on the Commission for Lawyer Conduct (the “Commission”) and serving on the Florence/Darlington Technical Center Area Commission (the “Technical Center Commission”) “[w]ould constitute dual office holding?”

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Requested by: Marian D. Nettles, Esquire

June 26, 2008

Opinion concerning a question regarding the age of Bishop Preston Warren Williams, presiding Prelate of the 7th Episcopal District of the African Methodist Episcopal Church.

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Requested by: The Honorable J. Yancey McGill, Member, SC Senate

June 11, 2008

Opinion concerning dual office holding in which a Chester County Sheriff’s Department deputy is also a school resource officer and was elected to the Great Falls Town Council.

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Requested by: Brian T. Grier, Esquire

June 9, 2008

Opinion questioning what felonies would fall within the category of “dishonesty” or “breach of trust” in reference to 18 U.S.C. § 1033(e)(1)(A).

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Requested by: David E. Belton, Esquire

May 30, 2008

Opinion asking this office to advise SLED of the offenses that would be categorized as Tier 3 offenses according to State law.

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Requested by: Major Carlotta C. Stackhouse, South Carolina Law Enforcement Divison

May 23, 2008

Opinion concerning R.D. Anderson Applied Technology Center ( “R.D. Anderson”); specifically, several questioning dealing the with the Board’s ability to finance the capital improvements.

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Requested by: Sherri Yarborough, Director and Melba Banton, Chairperson of the Board, R.D. Anderson Applied Technology Center

May 7, 2008

Opinion concerning the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the rights of the police to disclosed information of a patient and/or patron.

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Requested by: Lance C. Crowe, Chief of Police, Travelers Rest Police Department

May 5, 2008

Opinion requesting the review of S.C. Code Ann. § 22-5-910.

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Requested by: Lieutenant Joe Means, South Carolina Law Enforcement Division

April 17, 2008

Opinion questioning whether a certified deputy officer can operate a business with his wife as a citizen which provides drug sweeps of schools and business using his own personal drug sniffing dog.

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Requested by: Jeffery Moore, Executive Director, South Carolina Sheriffs’ Association

April 7, 2008

Opinion referencing S.C. Code Ann. 56-5-730 and questioning whether such provision establishes a criminal offense, particularly, whether a police officer could issue a ticket under this provision and whether a solicitor could use this statute for plea bargaining.

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Requested by: The Honorable Jane Pittman Modla, Judge, Rock Hill Municipal Court

April 7, 2008

Opinion regarding the special tax district created in Savannah Lakes Village (“SVP”) by McCormick County Ordinance.

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Requested by: G.P. Callison, Jr., Esquire

April 7, 2008

Opinion regarding sentencing after a post conviction relief hearing. Can an individual receive a longer sentence than his original sentence?

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Requested by: The Honorable Gene G. Reese, Member, SC Senate

March 24, 2008

Opinion regarding S.C. Code Ann. 16-17-490 and the propriety of the use by law enforcement officers of a seventeen year old informant to arrange and make a purchase of a controlled substance.

Requested by: Marvin Brown, Commander, York County Multijurisdictional Task Force

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March 17, 2008

Opinion questioning whether a felon or an individual with a CDV conviction may hunt with a muzzleloader in South Carolina.

Requested by: The Honorable John M. Knotts, Jr., Member, SC Senate

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March 14, 2008

Opinion requesting an interpretation of S.C. Code Ann. 23-3-115 with regard to the costs of disseminating criminal history record information (CHRI) at a reduced fee to the South Carolina Association of Personal Care Providers (“ the Association”).

Requested by: Major Mark A. Keel, South Carolina Law Enforcement Division

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March 7, 2008

Opinion concerning whether a state employee whose job responsibilities include supervising forest firefighters and performing law enforcement activities also fulfill responsibilities as a county councilman.

Requested by: Charles H. Smith, South Carolina Forestry Commission

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March 6, 2008

Opinion questioning the legality of police checkpoints and roadblocks.

Requested by: The Honorable William D. Witherspoon, Member, House of Representatives

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March 6, 2008

“Opinion regarding two statutory provisions (S.C. Code Ann. 8-11-30 and 8-11-35) that affect the statewide payroll that [your] …Office processes and …. the Department of Mental Health’s inability to recruit and retain adequate numbers of nursing staff”.

Requested by: The Honorable Richard Eckstrom, Comptroller General, State of South Carolina

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February 15, 2008

Opinion questioning whether a defendant has completed his entire sentence of the court if he served his jail time but did not pay his fine, and if not, what is the proper procedure to ensure that the defendant complies with the entire sentence.

Requested by: The Honorable D. W. Cannon, Judge, Honea Path Municipal Court

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January 24, 2008

Opinion regarding the arrest of out-of-state offenders who are supervised in South Carolina pursuant to the Interstate Compact for Adult Offender Supervision (the Compact).

Requested by: Teresa A. Knox, Esquire

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January 15, 2008

Opinion questioning the authority of the Greenwood County Sheriffs’ office enacting county ordinances.

Requested by: Jeffrey B. Moore, Executive Director, South Carolina Sheriffs’ Association

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January 9, 2008

Opinion whether a bail bondsman from outside South Carolina can arrest an individual in South Carolina on a warrant from another state revoking the bond from that state.

Requested by: Jeffrey B. Moore, Executive Director, South Carolina Sheriffs’ Association

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January 2, 2008

Opinion as to whether merchants can simultaneously bring both civil and criminal charges against shoplifters.

Requested by: The Honorable Danny Verdin, Member, SC Senate

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January 7, 2008

Opinion regarding the constitutionality of an ordinance of the City of Cayce that imposes certain proximity restrictions on residency and loitering of registered sex offenders in relation to schools, churches, daycare centers, parks and other designated facilities frequented by children and young people.

Requested by: Charles E. McNair, Director, Cayce Department of Public Safety

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December 20, 2007

Opinion questioning whether Spartanburg County animal control officers are authorized to issue a county summons to charge a violator for a violation of State law.

Requested by: Don H. Arnold, Director, Spartanburg County Environmental Enforcement Department

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December 18, 2007

Opinion regarding statute section 17-22-110 and the appropriateness of a solicitor turning away a defendant and preventing them from applying to the PTI program until the both the application fee and participation fee are paid.

Requested by: The Honorable C. Ryan Johnson, Magistrate Greenwood County

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December 13, 2007

Opinion referencing S.C. Code section 23-11-110, establishing the qualifications for sheriff and the definition of the term “certified law enforcement officer”.

Requested by: The Honorable Dennis Moss, Member, House of Representatives

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December 12, 2007

Opinion relating to a local jail’s responsibility related to the surrender of a defendant into its custody by a bail bondsman and S.C. Code section 38-53-50.

Requested by: Larry W. Powers, Jail Director, Spartanburg County Detention Facility.

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Welcome to the on-line office for Attorney General Alan Wilson. Please visit the Contact Us page to stay in touch. Schedule a tour or visit.

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

Room 519 | Columbia, S.C. 29201

Phone: 1-803-734-3970 | Fax: (803) 253-6283

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