Posts Tagged ‘Criminal’

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

April 7, 2008

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

 

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

 

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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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December 3, 2007

Review of opinion dated October 9, 2007 which dealt with S.C. Code annotated section 56-5-1538. Whether such provisions apply to a traffic stop with only law enforcement vehicles present and no emergency crews or vehicles present.

Requested by: The Honorable G.T. Ferguson, Magistrate, Abbeville County

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November 30, 2007

Opinion referencing proposed legislation, S480, which would allow inmates to be given good conduct credit by donating human organs or bone marrow and current legislation which allows the Department of Corrections director to approve good conduct credit based on meritorious or humanitarian act.

Requested by: The Honorable Ralph Anderson, Senator, District No. 7

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November 27, 2007

Opinion on knowing if there is “any portion of the South Carolina law that prohibits a person with a doctoral degree who is not a physician from describing themselves as being a doctor in a healthcare setting? Assuming the person does not further clarify that they are not a physician rendering medical services to the patient.”

Requested by: The Honorable Kristopher R. Crawford, M.D., Member, House of Representatives

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October 22, 2007

Opinion regarding whether certain matters before the Greenville Technical College Area Commission must be discussed in an open session of the Commission’s meeting or whether they may be discussed in an executive session.

Requested by: Charles J. Boykin, Esquire

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October 9, 2007

Opinion questioning whether the provisions of S.C. Code Ann. 56-5-1538 applies to a traffic stop with only law enforcement vehicles present and no emergency crews or vehicles present.

Requested by: The Honorable G. T. Ferguson, Magistrate, Abbeville County

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October 2, 2007

Opinion as to whether a conflict of interest would arise if a police chief or a police officer were to serve as clerk of court for a municipal court.

Requested by: M. Scott Wilson, Acting Chief of Police, Prosperity Police Department

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September 27, 2007

Opinion questioning if an expunged record remains on the website of the police department, does it become an official record that should expunged.

Requested by: Donald Wilcox, Chief of Police, City of Hanahan Poice Department

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September 18, 2007

Opinion regarding the use of juvenile adjudication information that is lawfully collected by SLED.

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

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September 10, 2007

Opinion questioning what constitutes “files” in a criminal case pursuant to Section 17-1-40 and whether documents contained in an individual’s certification file must be destroyed pursuant to Section 17-1-40 and, in particular, the 2004 expungement order.

Requested by: William R. Neill, Director, South Carolina Criminal Justice Academy

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September 7, 2007

Opinion questioning the constitutionality of proposed ordinance 07-647, targeting a particular breed of dog as dangerous and the constitutionality targeting the number of animals a citizen can own if they are deemed dangerous.

Requested by: The Honorable Eugene Baten, Vice Chairman, Sumter County Council

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August 22, 2007

Opinion as to whether provisions of Act No. 82 of 2007 (S.141), the Criminal Gang Prevention Act, to be codified as Section 16-11-770, are applicable to individuals incarcerated by the State Department of Corrections or who are in the custody of the State Department of Juvenile Justice. Specifically, whether graffiti on the inside of a prison or juvenile detention hall is “publicly viewable”.

Requested by: The Honorable John L. Scott, Jr., Member, House of Representatives

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August 16, 2007

Opinion questioning the authority of a county to enact an ordinance relating to the offense of resisting arrest which would be within the jurisdiction of a magistrate.

Requested by: Thomas E. Lynn, Esquire

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August 3, 2007

Opinion referencing recent legislation, Act No. 82 of 2007, which amends S.C. Code Annotated section 17-1-40 and fees associated with the expungement process.

Requested by: The Honorable Herb Kirsh, Member, House of Representatives

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July 31, 2007

Opinion questioning whether a chief of police is authorized to enter a nol pros on municipal court level tickets issued by officers within his department.

Requested by: Eric G. Fosmire, Esquire

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June 26, 2007

Opinion as to “whether an increase in the millage rate imposed for fire service areas set forth by the Spartanburg County Annual Budget Ordinance is limited by the provisions of section 6-1-320, Code of Laws of South Carolina, 1976 as amended.”

Requested by: Edwin C. Haskell, III, Esquire

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May 18, 2007

Opinion regarding autopsies and “when, under South Carolina law, may a coroner or other official order that an autopsy be performed in cases where one is not required to be performed (i.e., do certain officials have discretionary authority to order the performance of an autopsy, and if so, under what circumstance)?”

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

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May 9, 2007

Opinion concerning the school resource officer making an arrest at a school he is assigned to outside of his regular city jurisdictional limits.

Requested by: Ivan Randolph, Ph.D., Superintendent, Abbeville County School District

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May 4, 2007

Opinion concerning the new “no smoking” ordinance on Hilton Head Island and whether the sheriff’s department can enforce an ordinance that only has a civil penalty.

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

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May 2, 2007

Opinion concerning the legality of an individual hired full-time by the St. Andrews Fire Department subsequently obtained full-time employment as a firefighter with another fire department within another jurisdiction in South Carolina.

Requested by: Mark Schrade, Fire Chief, St. Andrews P.S.D. Fire Department?

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May 1, 2007

Opinion regarding the possibility of decriminalizing a proposed smoking ban offense in Mount Pleasant municipal court.

Requested by: R. Allen Young, Esquire

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April 23, 2007

Opinion questioning whether S.C. Code Ann. 40-18-20, 40-18-30 and 40-18-70 require an individual or company now selling their services in South Carolina as “computer forensics” experts top secure licenses as private investigators.

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

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April 23, 2007

Opinion inquiring if an individual is arrested on a Friday evening after normal working hours can the municipal judge on weekend duty handle the matter and allow the defendant to pay the fine and be released or must the defendant wait until he can be brought before a judge that actually imposed the sentence. And if the sentencing judge is unavailable for reasons such as vacation, illness, or on personal leave, must the defendant also wait until the sentencing judge returns in order to be brought back before the sentencing judge.

Requested by: The Honorable B. Lee Miller, Municipal Court Judge

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April 11, 2007

Opinion concerning who is responsible for returned checks from the bank, the Register of Deeds or the county treasurer’s office.

Requested by: The Honorable Timothy L. Nanney, Register of Deeds, County of Greenville

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March 28, 2007

Opinion as to the effect of the Cannon v. South Carolina Department of Probation, Parole and Pardon Services on the State’s DNA Identification Record Database Act, S.C. Code Ann. 23-3-600, as to paroled offenders.

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

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March 28, 2007

Opinion as to whether a municipal judge can go to the location to conduct a bond hearing or must the warrant be sent to the county where the defendant is located for a magistrate to conduct the bond hearing.

Requested by: The Honorable B. Lee Miller, Municipal Court Judge

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March 12, 2007

Opinion as to whether notice should be provided to attorneys representing crime victims of judicial proceedings involving their clients.

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

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February 5, 2007

Opinion regarding suspending or removing a West Columbia City Council member for being arrested and charged with driving under the influence and leaving the scene of an accident.

Requested by: The Honorable Bobby E. Horton, Mayor, City of West Columbia

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January 29, 2007

Opinion regarding whether serving as Commissioner on the South Carolina Forestry Commission (“the Commission”) and serving as a member of the Town of Summerville’s Zoning Board of Appeals would constitute as dual office holding.

Requested by: G.E. Muckenfuss

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December 20, 2006

Opinion regarding a proposed contract to provide police protection, such as patrolling roads for speeders and other traffic violators, for an area joining the Town of Bonneau known as the Bonneau Beach Community, also called Lake Moultrie.

Requested by: The Honorable Rembert E. Wrenn, Mayor, Town of Bonneau

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December 15, 2006

Opinion concerning the enforcement of a City of Clinton ordinance. Specifically, a college town dealing with off campus housing, and the number of people that can live in one residence.

Requested by: The Honorable Jeffery D. Duncan, Member, House of Representatives

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November 27, 2006

Opinion questioning whether unsolicited newspapers and advertising circulars placed on driveways constituted “litter” for purposes of the state regulating such.

Requested by: The Honorable James E. Singleton, Sheriff, Oconee County

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November 16, 2006

Opinion questioning whether the provision of S.C. Code Ann. § 56-5-3000 has been suspended by the federal Driver Privacy Protection Act (DPPA) as set forth at 18 U.S.C.A. §§ 2721-2725.

Requested by: Marcia S. Adams, Executive Director, Department of Motor Vehicles

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November 14, 2006

Opinion regarding the use of the uniform traffic ticket by law enforcement officers.

Requested by: Martha E. Johnson, Interim General Counsel, South Carolina Criminal Justice Academy

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November 3, 2006

Opinion referencing that recently a City of Union public safety officer arrested a defendant for trespassing after notice and possession of drug paraphernalia.

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

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October 19, 2006

Opinion questioning the driver’s license requirement for certification of law enforcement officers.

Requested by: William R. Neill, Interim Director, South Carolina Criminal Justice Academy

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October 16, 2006

Opinion concerning the funding of the Central Midlands Regional Transit Authority. Specifically, asking for an opinion as to the “legality of two possible sources of funding for the Central Midlands Regional Transit Authority (CMRTA).”

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

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October 11, 2006

Opinion questioning if serving as Deputy Attorney for the City of Spartanburg and being considered for a position on the South Carolina Public Charter School Board of Trustees would constitute dual office holding.

Requested by: Cathy Hoefer McCabe, Deputy City Attorney, City of Spartanburg

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October 10, 2006

Opinion on whether SLED should automatically classify an out-of-state sexually violent predator as a sexually violent predator when relocating to South Carolina.

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

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October 2, 2006

Opinion questioning a situation where an individual who appears to be an agent of a public school who lawfully operates a motor vehicle has a large sign in the bed of his truck supporting a particular political candidate. Specifically, if this violates S.C. Code Ann. § 16-17-560.

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

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September 29, 2006

Opinion that inquiring the possible means by which the Town of Gray Court could obtain law enforcement services for the Town.

Requested by: The Honorable Garry R. Smith, Member, House of Representative

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September 28, 2006

Opinion is a follow up to opinion issued on July 26, 2006 regarding the constitutional problems encountered by a loitering ordinance.

Requested by: The Honorable Henry B. Fishburne, Jr.; The Honorable Jimmy S. Gallant, III; The Honorable Robert M. Mitchell; and The Honorable James Lewis, Jr., Members, Charleston City Council

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September 25, 2006

Opinion questioning whether a local government is authorized to “structure home detention and utilize it for prisoners that are incarcerated in local jails under ninety days or less.”

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

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September 14, 2006

Opinion questioning the traffic enforcement actions of the Wellford, Lyman and Duncan Police Departments.

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

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September 6, 2006

Opinion as to “whether or not the provisions of S.1138 (R.388) of 2006 and S.1267 (R.447) of 2006 relating to sex offenders and commonly referred to as ‘Jessica’s Law’ have any retroactive effect.’’

Requested by: The Honorable Shirley R. Hinson, Member, House of Representatives

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August 28, 2006

Opinion concerning section 20-7-690 of the South Carolina Code and the privacy of children assigned a volunteer guardian by a court.

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

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August 25, 2006

Opinion questioning whether the Sheriff of Chester County can assume additional duties like assuming police duties in each town. Specifically, questioning whether in assuming additional duties, how may the Sheriff receive additional compensation.

Requested by: The Honorable Jay Hodge, Solicitor, Fourth Judicial Circuit

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August 24, 2006

Opinion concerning whether or not a group of candidates may jointly seek donations.

Requested by: The Honorable Glenn F. McConnell, President Pro Tempore, SC Senate

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August 3, 2006

Opinion questioning whether a private security guard could display a blue light in his car.

Requested by: Dale L. DuTremble, Esquire

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July 26, 2006

Opinion regarding a proposed municipal ordinance.

Requested by: Charleston City Council Members

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July 18, 2006

Opinion requesting driving records for three individuals who have driving under the influence cases pending in general sessions court.

Requested by: L. Mark Moyer, Esquire

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July 14, 2006

Opinion noting “some ‘confusion’ concerning the ‘Romeo’ clause pursuant to ‘Jessica’s Law’ which was contained in Senate 1138.”

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

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July 6, 2006

Opinion concerning financial transaction card fraud and jurisdiction of a court with regard to such offense.

Requested by: Chief Frank J. Zebedis, Winthrop University Police Department

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June 27, 2006

Opinion requesting “the legality of procedures used by the Berkeley County Board of Education in levying property taxes in 2005.”

Requested by: The Honorable Shirley R. Hinson, Member, House of Representatives

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June 14, 2006

Opinion concerning section 20-7-90 of the South Carolina Code.

Requested by: The Honorable Donald V. Myers, Solicitor, Eleventh Judicial Circuit

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June 6, 2006

Opinion regarding the legality of having every vehicle parked in the driveway of a residence having to display a tag and be insured or the vehicle must be disposed or removed.

Requested by: Elizabeth Wright, Chief of Police, Town of Pine Ridge

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June 5, 2006

Opinion regarding legislation R. 311, dealing with the State Law Enforcement Training Council.

Requested by: James K. Schweitzer, Director, South Carolina Department of Public Safety

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May 23, 2006

Opinion regarding disclosure of sheriff’s office internal affairs investigations under the South Carolina Freedom of Information Act (“FOIA”) and the demand by the media for “full disclosure.”

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

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May 15, 2006

Opinion requesting as to “whether S.1205, which is currently pending before the House of Representatives, is valid and not violative of Home Rule since it specifically states that state law has preempted the regulation of agricultural facilities.”

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

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May 12, 2006

Opinion regarding the law enforcement authority and the authority to carry handguns of various university and college law enforcement officers in this State.

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

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May 5, 2006

Opinion questioning the legality of releasing the names of juvenile victims.

Requested by: The Honorable Mike E. Hunt, Sheriff, Aiken County

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May 4, 2006

Opinion concerning the bylaws adopted by the Georgetown County Board of Elections and Registrations (the “Board”).

Requested by: The Honorable Vida O. Miller, Member, House of Representatives

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April 20, 2006

Opinion regarding whether the Dorchester County Sheriff’s Department may maintain a fully independent information technology network separate from the County.

Requested by: The Honorable Ray Nash, Sheriff, Dorchester County

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April 18, 2006

Opinion regarding the prosecution of first and second offense criminal domestic (CDV) cases.

Requested by: The Honorable Robert F. Williams, Jr., Magistrate for Fairfield County

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March 27, 2006

Opinion questioning the legality of an ordinance, which imposed an administrative service fee in the amount of ten dollars on offenders found guilty in the Mount Pleasant municipal court.

Requested by: R. Allen Young, Esquire

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March 22, 2006

Opinion regarding your duties as coroner in Greenwood County.

Requested by: The Honorable James T. Coursey, Coroner, County of Greenwood

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March 15, 2006

Opinion questioning whether an individual charged with the offense of issuing a fraudulent check or any offense for which a uniform traffic ticket may be utilized is required to be brought in for a booking process whereby photographs and fingerprints are obtained.

Requested by: The Honorable B. Lee Miller, Municipal Court Judge

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March 15, 2006

Opinion questioning whether an individual fails to appear in court, can a rule to show cause be issued? And if so, if that individual fails to appear pursuant to the subpoena, can a bench warrant be issued for contempt?

Requested by: The Honorable B. Lee Miller, Municipal Court Judge

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February 3, 2006

Opinion concerning the applicability of § 16-3-20(C)(a)(1)(I) [“the murder was committed while in commission of…(I) dismemberment of a person”] to a situation where the dismemberment occurred more than one month after the victim was killed and buried [ and the purpose of the killing was not for the dismemberment of the body].

Requested by: Barry J. Barnette, Principal Deputy Solicitor, Seventh Judicial Circuit, Spartanburg County Courthouse

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February 1, 2006

Opinion questioning whether a county council is authorized to create an ordinance against speeding along with establishing civil penalties and remedies for that violation. Also whether it is then legal for the law enforcement agency with jurisdiction to send citations to the registers owner by certified mail.

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

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January 26, 2006

Opinion questioning whether a school bus supervisor is required by law to report to the Department of Social Services or law enforcement allegations or evidence of sexual abuse.

Requested by: Michael D. Morin, Assistant Solicitor, Seventh Judicial Circuit, Spartanburg County Courthouse

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January 25, 2006

Opinion questioning whether an individual employed by the Department of Juvenile Justice as the Deputy Director of Community Services may simultaneously serve as a part-time magistrate.

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

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January 24, 2006

Opinion concerning the State Board of Pharmacy’s (the “Pharmacy Board”) interpretation of certain provisions under the Pharmacy Practice Act (the “Act”).

Requested by: The Honorable Darrell Jackson, Member, SC Senate

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January 24, 2006

Opinion regarding two petitions received by Colleton County Council (the “ Council”).

Requested by: Carol L. Clark, Esquire

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January 11, 2006

Opinion regarding “the legal ability of local governments to establish a local housing trust fund that is funded by a permanent dedicated tax or fee on local revenues.”

Requested by: The Honorable Alan D. Clemmons, Member, House of Representatives

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January 4, 2006

Opinion questioning whether a uniform traffic summons can serve as the charging document for the offense of criminal domestic violence (“CDV”), 1st offense.

Requested by: Timothy Ford, Chief of Police, Eastover Police Department

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December 12, 2005

Opinion indicating that a question has arisen concerning the effect of a provision of Act No. 106 of 2005 on STOP formula grant awards received by the State.

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

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December 6, 2005

Opinion questioning the powers and authority of the Lake Wylie Marine Commission.

Requested by: The Honorable Ralph Norman, Member, House of Representatives

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December 1, 2005

Opinion questioning the applicability of the words “as defined in local board policy” as used in the provision of S.C. Code Ann. § 59-24-60. Particularly, whether the referenced phrase modifies the entire provision or just that part of the phrase “his property”.

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

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November 28, 2005

Opinion questioning who prosecutes a fraudulent check case when the solicitor will not.

Requested by: The Honorable Thomas Ed Taylor, Summary Court Judge

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October 3, 2005

Opinion questioning the requirement of the payment of a filing fee when a case is transferred from the federal district court to the state circuit courts.

Requested by: DeShield Smith, Circuit Court Representative, South Carolina Court Adminstration

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September 27, 2005

Opinion questioning whether a state health care facility, The Medical University of South Carolina, hereafter “MUSC”, has the authority to completely ban smoking anywhere on its grounds, to include hospital owned and leased buildings, thoroughfares, parking lots and vehicles parked on MUSC property.

Requested by: The Honorable Ralph E. Hoisington, Solicitor, Ninth Judicial Circuit

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September 16, 2005

Opinion questioning whether the practice of certain newspaper carriers distributing unsolicited newspapers and advertising circulars on driveways constitute “litter” within the meaning of S.C. Code Ann. § 16-11-700.

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

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September 12, 2005

Opinion questioning whether a city solicitor may enter into a “release dismissal” agreement with a defendant regarding charges pending before a municipal court.

Requested by: Christopher E. A. Barton, Esquire

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September 7, 2005

Opinion questioning whether a magistrate is authorized to dismiss a charge.

Requested by: The Honorable Thomas E. Taylor, Summary Court Judge

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August 31, 2005

Opinion regarding alleged abuses in the auto glass industry by the insurance industry.

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

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August 31, 2005

Opinion questioning whether a defendant charged with criminal domestic violence, second offense, in magistrate’s court and an attorney filing a rule to show caase for the violation of an order of the protection in family court with reference to the same incident, can go forward or is proceeding on both a violation of the defendant’s fifth amendment double jeopardy rights.

Requested by: The Honorable Robert H. Benson, Sheriff, Chester County

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August 5, 2005

Opinion raising questions regarding the obligations of a municipality to its community, schools, day cares, businesses, etc. as to the presence of a registered sex offender who has moved into a community.

Requested by: Andy Benke, Town Administrator, Town of Sullivan’s Island

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July 29, 2005

Opinion questioning the legitimacy of foreign police markings displayed on a private vehicle.

Requested by: Dale L. DuTremble, City Prosecutor, City of North Charleston

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July 25, 2005

Opinion regarding dual office holding. Specifically, whether members of fire departments including Fire Marshals are exempted from the dual office holding prohibition.

Requested by: The Honorable J. Allen, Fire Marshal, Irmo Fire District

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July 14, 2005

Opinion concerning the following question: “[m]ay the owner of a broken bank rice field place food in the field and thus render it a baited area to prohibit hunting by the public?”

Requested by: James A. Quinn, Esquire

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June 27, 2005

Opinion regarding the voting capacity of certain members of the Board of Trustees of School District Five of Lexington and Richland Counties. Specifically, whether the Board may act in light of a letter received from a citizen.

Requested by: Paula H. Hite, Board Chairperson, School District 5 of Lexington and Richland Counties

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June 14, 2005

Opinion as to the validity of a potential ordinance that would require all parasailing operators engaging in parasailing activities in the jurisdictional waters of the City of North Myrtle Beach to remain a minimum distance of 1,900 feet from the shore.

Requested by: Chris Noury, Esquire

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May 4, 2005

Opinion as to “whether the Insurance Reserve Fund (IRF) is authorized to provide general liability tort insurance to the employees of a defender corporation.”

Requested by: Edwin E. Evans, General Counsel, State Budget and Control Board

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May 2, 2005

Opinion regarding recent legislation enacted by the General Assembly legalizing the practice of tattooing.

Requested by: The Honorable William C. Mescher, Member, SC Senate

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April 29, 2005

Opinion referencing gaming machines (GT 2001 – GT 2004, Mega Touch, and Slingo Video Gaming Machines). Specifically, “[u]nder Section 12-21-2710, does the machines itself become illegal per se because of the illegal games?”

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

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April 5, 2005

Opinion referencing a prior opinion of this office which held that summary courts in this State do not have the authority to issue a subpoena duces tecum.

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

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March 30, 2005

Opinion “on the constitutionality of House Bill 3213, the Right to Life Bill, which was introduced this year.”

Requested by: The Honorable G. Ralph Davenport, Jr., Member, House of Representatives

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March 1, 2005

Opinion indicating that the Town of Williston and City of Barnwell have been requested by the Barnwell County Sheriff’s Department to enter into what is entitle a “Multiple Law Enforcement Agency Criminal Investigation and Mutual Aid Agreement.” And asking whether Section 23-20-30 authorizes a contract between a county and a municipality to transfer a municipal officer “in response to any law enforcement need” including, but not limited to, emergency situations; civil disorders; natural or man-made disasters; vehicle or other pursuits of criminal suspects; location of missing persons; or criminal activities involving both or multiple jurisdictions.

Requested by: Thomas M. Boulware, Esquire

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January 25, 2005

Opinion questioning whether Class 3-SLE certified police officers may be used for duties such as sporting events, crowd control, traffic at fairs, football games, court room security and transportation of prisoners.

Requested by: James A. Preacher, Chief of Police, Norway Police Department

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December 30, 2004

Opinion regarding South Carolina’s seatbelt law.

Requested by: The Honorable Glenn F. McConnell, President Pro Tempore, The Senate

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December 6, 2004

Opinion questioning whether law enforcement can arrest the defendant for violation of a condition of the bond that was imposed inasmuch as they have knowledge of such conviction.

Requested by: The Honorable B. Lee Miller, Municipal Court Judge

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December 2, 2004

Opinion questioning whether County animal control officers can use a uniform traffic ticket to cite for violations.

Requested by: Major Samuel White, Hampton County Sheriff’s Office

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November 15, 2004

Opinion regarding your agency seeking to utilize state seized drug funds that have been awarded to your agency for a law enforcement team that would focus their efforts on saturating identified drug problems in the City of Myrtle Beach.

Requested by: Investigator Amy S. Prock, Myrtle Beach Police Department

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November 15, 2004

Opinion questioning whether there are any State laws which would prohibit the purchase and use of the referenced machine by a retail minibottle account in conjunction with legally purchased minibottles.

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

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November 10, 2004

Opinion questioning portions of the General Appropriations Act – a proviso “which mandates for state employees and various public officials the subsistence rate as provided by the General Assembly.” As you indicate, “Part IB provisos from the 2004 Appropriations Act are effective for the July 2004 – June 2005 fiscal year, and supplant and supersede permanent law to the contrary.”

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

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November 4, 2004

Opinion regarding the Spartanburg County Sheriff’s office having difficulty meeting with victims of crime at your local hospital and meeting resistance to the execution of search warrants at the hospital. Additionally, these problems relate to the provisions in the HIPAA Act.

Requested by: Derrick B. Bulsa, Esquire

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October 29, 2004

Opinion questioning the legality of provisions of proviso 33.6 of Act 248 of 2004 (the appropriations act), particularly questioning whether such provisions conflicts with the Unfair Trade Practices Act or Section 37-5-108 of the Consumer Protection Code.

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

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October 15, 2004

Opinion questioning the authority of law enforcement officers and private security guards to issue uniform traffic tickets for motor vehicle violations which are not hazardous moving violations in private communities in your county.

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

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October 15, 2004

Opinion asking several question regarding charter schools and referring to statute section 50-40-70(D).

Requested by: The Honorable Larry K. Grooms, Member, SC Senate

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October 15, 2004

Opinion raised a question regarding the licensing requirements for an auctioneer in this State to conduct a real estate auction. Specifically, whether both an auctioneer’s license and a real estate license, either as agent or broker, is required to conduct an auction on a piece of real estate.

Requested by: The Honorable Jeffrey D. Duncan, Member, House of Representatives

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October 7, 2004

Opinion regarding “relief options” which might be available involving a situation where “non-committee members are attending meetings [of committees appointed by Mt. Pleasant Town Council], sitting with the committee and participating therewith (no voting) on a regular basis.”

Requested by: R. Allen Young, Esquire

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September 28, 2004

Opinion referenced the situation involving the Palmetto Dunes Resort on Hilton Head Island. Specifically, regarding S.C. Code Ann. Section 56-5-6310 subjecting the roadways to the jurisdiction of the State Uniform Act Regulating Traffic.

Requested by: The Honorable Scott H. Richardson, Member, SC Senate

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August 31, 2004

Opinion referencing the implementation of Worthless Check Units in solicitor’s offices which result from a provision in the 2004-2005 General Appropriations bill.

Requested by: The Honorable Edward H. Overcash, Jr., Associate Chief Judge, Spartanburg Magistrate Court

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August 10, 2004

Opinion regarding the practice of a private company adding fees to delinquent fines they are trying to collect.

Requested by: The Honorable B.G. Alderman Jr., Chief Magistrate, Clarendon County

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July 12, 2004

Opinion regarding S.C. Code Ann. Sections 61-4-90 and 61-4-50 (Supp. 2003).

Requested by: The Honorable A.W. Flynn, Chief Magistrate

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July 1, 2004

Opinion questioning a local ordinance which makes the possession of drug paraphernalia unlawful.

Requested by: Dale H. Edwards, Chief, Bowman Police Department

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July 1, 2004

Opinion involving the situation in which a person alleging that he is the father of a child takes that child from possession of the child’s mother, who is the child’s legal custodian, and refuses to return the child.

Requested by: The Honorable Ricky W. Chastain, Sheriff, Laurens County

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June 23, 2004

Opinion concerning raffles.

Requested by: The Honorable Becky D. Richardson, Member, House of Representatives

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June 11, 2004

Opinion questioning whether a juvenile who is placed on five years probation for a class A sexual abuse misdemeanor, must register pursuant to the South Carolina Sex Offender Registry Act, S.C. Code Ann. Sections 23-3-400 et seq.

Requested by: Bill Byars, Director, South Carolina Department of Juvenile Justice

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June 7, 2004

Opinion concerning dual office holding, whether you can be on the Aiken County Council and have employment with the state government.

Requested by: Ms. Gwendolyn Conner

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May 19, 2004

Opinion questioning the computation of “good time” for the purpose of reduction of sentences and early release of offenders.

Requested by: The Honorable Robert F. Williams, Jr., Magistrate, Fairfield County

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April 20, 2004

Opinion regarding the authority of a circuit solicitor to control the disposition of cases in municipal court through admittance to the pretrial intervention program in his or her office.

Requested by: Kimberly V. Barr, Esquire

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April 16, 2004

Opinion concerning the 1993 Settlement between the State and the Catawba Indian Nation. Such questions asked were regarding: video poker devices, and the South Carolina Education Lottery.

Requested by: The Honorable Glenn F. McConnell, Chairman, Senate Judiciary Committee; The Honorable Herb Kirsh; The Honorable James H. Harrison; The Honorable Becky D. Richardson; The Honorable Bessie A. Moody-Lawrence; The Honorable J. Gary Simrill, Members, House of Representatives

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March 23, 2004

Opinion concerning Senate Bill S.975. And “if this bill is constitutionally legal in South Carolina and in interstate commerce laws.”

Requested by: The Honorable Ronnie W. Cromer, Member, SC Senate

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March 16, 2004

Opinion concerning the Oconee County Supervisor being indicted with three felony counts of embezzlement of public funds and one misdemeanor charge of misconduct in office, and if the county supervisor would be allowed to remain in office if acquitted of the felony charges but convicted of the misdemeanor or is a guilty verdict on the misdemeanor sufficient to constitute a violation subject to removal.

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

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March 10, 2004

Opinion regarding the roles and interrelation of the Abbeville County Council, the County Finance Director, and the County Treasurer.

Requested by: Judy F. Scott, Abbeville County Treasurer

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February 24, 2004

Opinion referenced provisions of the State law dealing with animals implanted with a microchip, which brings up S.C. Code Ann. Section 47-3-55. Specifically, questioning whether the information contained on the microchip is controlling as regards the ownership of the animal and whether this section provides any penalty for a person or entity that does not notify the owner of an animal prior to its destruction.

Requested by: The Honorable Glenn F. McConnell. President Pro Tempore, SC Senate

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February 23, 2004

Opinion “concerning County Council’s authority over a State Judicial Circuit Solicitor’s Pre-trail Intervention Program’s funds.”

Requested by: The Honorable Donald V. Myers, Solicitor, Eleventh Judicial Circuit

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February 4, 2004

Opinion regarding S.C. Code Ann. Section 17-13-45 (2003).

Requested by: Thomas M. Boulware, Esquire

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January 7, 2004

Opinion “as to the meaning of the term ‘clergy’ as it is used by S.C. Code § 20-7-510.” Specifically, if the term “clergy”, as used in the foregoing provision, “includes lay pastors, deacons, elders and/or others who do pastoral counseling.”

Requested by: Dorothy J. Killian, Esquire

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January 6, 2004

Opinion regarding the county jail housing municipal prisoners.

Requested by: William D. Traber, Chief of Police, Easley Police Department

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January 5, 2004

Opinion referenced the situation involving defendants who fail to complete a pretrial intervention program (PTI) and questioned how these cases are handled when returned to the municipal court for prosecution.

Requested by: The Honorable B. Lee Miller, Municipal Court Judge, City of Greenwood

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December 17, 2003

Opinion regarding several proposed town ordinances which you indicate would be useful to clean up certain areas of your town heavily affected by drugs.

Requested by: Anthony R. Staten, Chief, Saluda Police Department

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December 15, 2003

Opinion questioning whether official action by a town council is required when an agreement is signed between two law enforcement agencies pursuant to S.C. Code Ann. Section 23-1-210 (1989).

Requested by: Richard L. Smith, Chief of Police, Fort Lawn Police Department

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November 13, 2003

Opinion regarding “the issue of whether a Uniform Traffic Ticket [may] be used as the charging document at the time an arrest is made for the offense of Criminal Domestic Violence.”

Requested by: The Honorable Ray Nash, Sheriff, Dorchester County

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November 4, 2003

Opinion regarding whether a lay private guardian ad litem can also serve as a volunteer Guardian Ad Litem which is under the Governor’s Office Division of Guardian Ad Litem Programs.

Requested by: The Honorable William C. Mescher, Senator, District No. 34

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November 3, 2003

Opinion “on whether the State Board of Education (State Board) has the authority to suspend or revoke a South Carolina Educator’s certificate for violations for test security laws and regulations when no criminal conviction occurs.”

Requested by: The Honorable Inez M. Tenenbaum, State Superintendent of Education

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September 23, 2003

Opinion regarding the offense of “breach of the peace”. Specifically, whether breach of the peace is a common law offense and whether it has been repealed by the General Assembly and can breach of the peace be enforced by police officers.

Requested by: The Honorable Gene Taylor, Sheriff, Anderson County

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September 15, 2003

Opinion concerning the exceptions to the general illegality of machine gun possession in South Carolina, and the corresponding special licensing requirements that are administered by the South Carolina Law Enforcement Division.

Requested by: Norwood Church, Fiscal Analyst, SC Senate Finance Committee

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September 11, 2003

Opinion “concerning an issue involving an employee of the Town who also happens to be the Municipal Judge.”

Requested by: Brian M. Gibbons, Esquire, Fort Lawn Town Attorney

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September 8, 2003

Opinion on dual office holding (serve as city attorney for the City of Aiken and as a member of the Aiken County Commission on Higher Education).

Requested by Gary H. Smith, III, Esquire, Aiken City Attorney.

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September 4, 2003

Opinion relating to arrests for alleged speeding violations occurring within the corporate limits of the Town of Pinewood which are detected by radar units positioned outside the town limits.

Requested by: The Honorable Daisy M. Moore, Magistrate, Sumter County

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September 4, 2003

Opinion concerning the vetoed Part 1B proviso 36.1 of the 2003-2004 Appropriations Act and “the Department of Public Safety’s position concerning charging entities, especially other state agencies, has no basis in law.”

Requested by: The Honorable Glenn F. McConnell, President Pro Tempore, SC Senate

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August 29, 2003

Opinion “as to the legality of tournaments based upon contests of skill, in whatever form, in which a prize, purse, or premium, usually in the form of cash, is offered to contestants who win or place highly in the tournament.”

Requested by: The Honorable Glenn F. McConnell, President Pro Tempore, S.C. Senate

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August 27, 2003

Opinion asking if it would constitute dual holding for an individual to occupy the position of Interim City Manager/Director of Public Safety for the City of Columbia.

Requested by: William R. Neill, Deputy Director, Criminal Justice Academy Division, SC Department of Public Safety

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August 26, 2003

Opinion asking whether the City of Pickens can contract its victim services with the Pickens County Behavioral Health Services for the provision of victim services is authorized.

Requested by: The Honorable Ted Shehan, Mayor, City of Pickens

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August 25, 2003

Opinion questioning the constitutionality of anonymous crime tips serving as the basis for stops and/or searches.

Requested by: The Honorable J. Seth Whipper, Member, House of Representatives

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August 20, 2003

Opinion asking our Office to review the applicable statutes of South Carolina to determine if the “equal or stricter” standard is met regarding states which have concealed weapons permit issuing standards.

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

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August 5, 2003

Opinion on the legality of the reduction of a driving under the influence charge to a reckless driving charge.

Requested by Captain John M. Hall, Travelers Rest Police Department.

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July 30, 2003

Opinion concerning a county council’s diversion of its victims’ services funds from an entity which possesses specific statutory duties and obligations to provide victims’ services.

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

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July 28, 2003

Opinion concerning the state constitutional prohibition of dual office holding. Specifically, an individual who is currently employed by the Charleston City Police Department has been asked to serve on the Town of Hollywood Planning and Zoning Commission.

Requested by: The Honorable Gerald Schuster, Mayor, Town of Hollywood

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July 16, 2003

Opinion regarding the legality and constitutionality of the use of electronic surveillance equipment to monitor patient care in nursing homes.

Requested by: The Honorable Jackie E. Hayes, Member, House of Representatives

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July 10, 2003

Opinion concerning a municipality’s use of its Victims’ Advocate Fund for the purpose of providing services to non-crime victims.

Requested by: The Honorable Thad Viers, Member, House of Representatives

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June 24, 2003

Opinion asking whether the State Ethics Commission has the authority to find a state statute, or any part thereof, unconstitutional and dismiss a charge against a public official as a result.

Requested by: Herbert R. Hayden, Jr., Executive Director, State Ethics Commission

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June 18, 2003

Opinion regarding the authority of municipal police officers to make arrests based on violations of federal law.

Requested by: Sergeant Bruce McMicking, York Police Department

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April 28, 2003

Opinion asking whether a person serving on the Central Midlands Council of Government holds an office for dual office holding purposes.

Requested by:  The Honorable John M. Knotts, Jr., Senator, District No. 23

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April 11, 2003

Opinion concerning service of process in civil matters. Specifically, service of process in claim and delivery actions pursuant to S.C. Code Ann. §§22-3-1310 et seq.

Requested by: The Honorable Thomas Ed Taylor, Summary Court Judge, Greenville County

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April 1, 2003

Opinion regarding the constitutionality of S.C. Code Ann. Section 40-82-240(A) with LPG storage capacity requirements within close proximity to the service area.

Requested by: The Honorable Glenn F. McConnell, Chairman, SC Senate Judiciary Committee

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March 26, 2003

Opinion concerning the application of S.C. Code Ann. §50-11-760.

Requested by: Officer Joe J. Ard, Law Enforcement District VIII, SC Department of Natural Resources

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March 21, 2003

Opinion asking for “clarification of the ‘Home Rule’ law passed by the General Assembly in the mid-1980s. Specifically, if it give counties the authority to regulate the use of fireworks.”

Requested by:  The Honorable Wallace B. Scarborough, Member, House of Representatives

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January 3, 2003

Opinion on legality of Section 26-143 of the Municipal Code of The Town of Sough Congaree (Illegal Drugs or Controlled Substances).

Requested by The Honorable John M. Knotts, Jr., Member, South Carolina Senate.

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December 10, 2002

Opinion asking whether in light of the recent amendments to S.C. Code § 2-15-120, the Audit Council can disclose “records that are not confidential at their source after they become records of the Audit Council?”

Requested by: George L. Schroeder, Director, Legislative Audit Counsel

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October 28, 2002

Opinion requesting “…the opinion of the SC Attorney General on the maximum time limitation that a municipal court judge can impose conditions on suspended sentences.”

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

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October 15, 2002

Opinion relating to the S.C. Code Ann. §16-25-10. Specifically, “whether or not 2 brothers fighting in the home is CDV or Assault?”

Requested by: Ms. Michelle S. Peahuff, Victim Advocate, Union County

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October 9, 2002

Opinion “interpreting the time period an individual has to file a timely complaint under the Public Accommodations Act law.”

Requested by: Mr. Ralph H. Haile, South Carolina Human Affairs Commission

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October 4, 2002

Opinion concerning the following questions: Under S.C. Code § 56-5-6110 and § 56-5-6120, if a Police Officer issues a State of South Carolina Uniform Traffic Ticket for either code for a violation, must he issue the ticket in person to the violator, or can he give it to the driver or person operating the vehicle to give to the driver; and if a Police Officer issues a ticket for S.C. Code § 56-5-730 and the subject is convicted/found guilty, how many points are assessed on their driver’s license?

Requested by: James A. Preacher, Jr., Chief of Police, Norway Police Department

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September 18, 2002

Opinion raising questions regarding the decision by the South Carolina Supreme Court in Stardancer Casino, Inc. v. Stewart, et al., 347 S.C. 377, 556 S.E.2d 357 (2001).

Requested by: The Honorable Mike Fair, Senator, District No. 6

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September 17, 2002

Opinion concerning the ability of non-lawyers to represent corporations and partnerships in civil and criminal matters in magistrate’s court. Specifically, “opinion of the effect of Section 33-1-103 on the Order of the Supreme Court dated September 21, 1992, as it relates to non-lawyer representation in civil magistrate court proceedings…”; and if Section 33-1-103 “…would restrict collection companies from acting as agents and initiating criminal fraudulent check warrants in magistrate’s court?”

Requested by: The Honorable Herb Kirsh, Member, House of Representatives

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August 30, 2002

Opinion concerning the status of South Carolina’s laws requiring the appointment of legal counsel for indigent defendants in criminal matters.

Requested by: The Honorable Ralph Anderson, Senator, District No. 7

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July 25, 2002

Opinion asking two questions regarding this situation: first can an individual be employed in a dual capacity as a victims’ advocate and court clerk; and, second, may the clerk of court office be housed within the police department building?

Requested by: J. Scott Bannister, Chief of Police, Westminster Police Department

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July 24, 2002

Opinion regarding a new statute recently enacted, S.C. Code Ann. Sec. 17-5-535. Specifically, requesting “a written … opinion that clears us to use photographs and/or videos in appropriate training circumstances.”

Requested by: The Honorable Gary Watts, Richland County Coroner

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July 19, 2002

Opinion regarding the provisions the law offers regarding the arrest of persons while they are actually appearing in criminal or civil court. And the distinction between the arrests of persons appearing in various types of courts.

Requested by: Captain C.W. Cunningham, Greenville County Sheriff’s Office

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July 1, 2002

Opinion indicating that you “…need to know under what circumstances a Municipal Court Judge can issue a Restraining Order.”

Requested by: The Honorable Walter H. Sanders, Jr., Municipal Court Judge, Town of Fairfax

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June 17, 2002

Opinion concerning the legality of public safety checkpoints or roadblocks.

Requested by: Chief W.M. Roth, Lexington Police Department

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May 28, 2002

Opinion asking is it legal for a Municipality to contract with a School District to provide law enforcement services for a High School, which is approximately 1.5 miles outside the Corporate limits and if it were legal, would Municipal Police Officers have full Law Enforcement powers (arrest, citations & accident investigations, etc.)?

Requested by: Kenneth W. Arthur, Chief of Police, Pendleton Police Department

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May 23, 2002

Opinion indicating that you would like this Office’s “…analysis of the correct interpretation of S.C. 22-5-910 Expungement  of Criminal Record’s…”

Requested by: The Honorable D. B. Owens, Florence Municipal Judge

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May 17, 2002

Opinion requesting clarification regarding S.C. Code Ann. §16-17-430.

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

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May 16, 2002

Opinion indicating that “[t]he Office of the Attorney General issued two prior opinions [Ops. ATTY. Gen. Dated December 16, 1991 & August 9, 1985], regarding the effect, if any, of a pardon on an individual’s eligibility for admission to the Criminal Justice Academy for training and certification.”

Requested by: William R. Neill, Deputy Director, Criminal Justice Academy Division, South Carolina Department of Public Safety

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April 22, 2002

Opinion regarding, “…the impact of a pardon upon an individual required to register as a sex offender.” Specifically, “in the light of the recent Court of Appeals Opinion in Brunson v. Stewart should the Sheriff require an individual currently registering as required by law to continue to register after receiving a pardon.”

Requested by: John W. Tate, General Counsel, Lexington County Sheriff’s Department

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April 2, 2002

Opinion asking whether descendants of deceased persons have a right to visit and maintain family graves which are located on private land.

Requested by: Rodger E. Stroup, Ph.D., Director and State Historic Preservation Officer, S.C. Department of Archives and History.

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March 14, 2002

Opinion regarding statute of limitations. Specifically, when a judgment is placed on a person’s estate as a result of a criminal action prior to his death, what is the statute of limitations on that judgment? Also, once that statute of limitations has run its course, can the same entity place the judgment against the entity a second time?

Requested by: The Honorable Yancey McGill, Senator, District No. 32

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March 8, 2002

Opinion concerning the legality of a particular vending/video machine with a promotional play feature. Specifically, “whether of not FREESPIN® and FREEDRAW® Collectors Card Vending Machines with their Promotion Free Spin/Free Draw Game Feature are legal to operate in South Carolina.”

Requested by: The Honorable John M. Knotts, Jr., Member, House of Representatives

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March 6, 2002

Opinion whether South Carolina’s state and local law enforcement officers possess authority independently to enforce federal law concerning illegal immigrants.

Requested by: The Honorable Lanny E. Littlejohn, Member, House of Representatives

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February 5, 2002

Opinion regarding a proposed amendment to Myrtle Beach’s City ordinance related to the suspension or revocation of business licenses. Specifically, if the “proposed law could be construed as a local government’s attempt to enforce INS [Immigration and Naturalization Service] laws?”

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

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January 25, 2002

Opinion asking whether …“to whom has the responsibility and the right, to represent the State at preliminary hearings that are within the jurisdiction of the Court of General Sessions?”

Requested by: The Honorable Jay Hodge, Solicitor, Fourth Judicial Circuit

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January 10, 2002

Opinion questioning the constitutionality of publishing outstanding arrest warrants on the internet.

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

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January 7, 2002

Opinion concerning Article XVII, Section 8 of the South Carolina Constitution and if the scope of the term “office of honor, trust of profit” prohibits “the governor, legislators, county and city council members, school board members, magistrates and judges from playing the lottery?”

Requested by: The Honorable W. Greg Ryberg, Senator, District No. 24

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December 13, 2001

Opinion noting the fact that both the full-time Solicitor  for Dillon County and the City Attorney for Dillon wish to handle all preliminary hearings for General Sessions cases made in Dillon county and discussing who “has the responsibility, and the right, to represent the State at preliminary hearings that are within the jurisdiction of the Court of General Sessions.”

Requested by: The Honorable Jay Hodge, Solicitor, Fourth Judicial Circuit

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December 10, 2001

Opinion addressing the following question: can a judge accept a “conditional guilty plea” if the conditions imposed by the State are that the defendant must complete some type of deferment (i.e. : P.T.I., community service, substance abuse treatment, etc.) resulting in the guilty plea later being vacated and the pending charge dismissed?

Requested by: The Honorable Alston C. Badger, Mount Pleasant Municipal Judge

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November 28, 2001

Opinion relating to the scope of South Carolina’s Freedom of Information Act.

Requested by: Lt. Michael Frank, ACSO Public Information/ Special Projects, Aiken County Sheriff’s Office

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November 7, 2001

Opinion concerning the application of South Carolina’s drug forfeiture statutes.

Requested by: The Honorable Harry C. Stille, Member, House of Representatives

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October 31, 2001

Opinion “…regarding payment of property taxes as defined by S.C. statute 12-37-2615.”

Requested by: Cpl. Heyward McDonald, Traffic Division, Charleston Police Department

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October 22, 2001

Opinion on the following issues: disposal property in S.C. Code Section 29-1-30, Code Section 16-13-420 dealing with lease-purchase, and how to tell the difference between a valid rental agreement or a lease-purchase agreement.

Requested by: The Honorable Thomas E. Shealy, Municipal Judge, City of Gaffney

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October 1, 2001

Opinion regarding the use of victim assessments monies.

Requested by: Joseph Dawson, III, Esquire

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October 1, 2001

Opinion on S.C. Code Ann. § 24-13-1540 and electronic monitoring as condition of bail.

Requested by: The Honorable J. Al Cannon, Jr., Sheriff, Charleston County

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September 25, 2001

Opinion concerning the authority of a Class 2 Law Enforcement Officer to provide bloodhound tracking services by contract for the Chief of Police’s department.

Requested by: Greg Holland, Chief of Police, Carlisle Police Department

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September 24, 2001

Opinion clarifying the Employment Security Commission’s “authority to prosecute cases on its own behalf or, in the alternative, authorization from the Attorney General allowing it to do so.”

Requested by: H.W. Funderburk, Jr., General Counsel, Employment Security Commission

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August 30, 2001

Opinion “concerning authority of a 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 penalty notices to violators on streets within the enclave.”

Requested by: Robert M. Stewart, Chief, South Carolina Law Enforcement Division

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August 22, 2001

Opinion concerning the obligation of a governmental entity to pay certain medical expenses for pre-trial detainees.

Requested by: David E. Rushton, President, SC Jail Administrators’ Association

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August 15, 2001

Opinion “as to the constitutionality of the proposed ordinance and this type of regulation by a county governing body.”

Requested by: C. Heath Ruffner, Esquire

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August 13, 2001

Opinion asking questions related to the extent to which members of the Board of Trustees for the Fairfield County School District may receive compensation for their services on the Board.

Requested by: The Honorable Robert L. Carrison, Member, Town Council of Winnsboro

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August 8, 2001

Opinion addressing concerns about the local rescue sqad taking pictures of deceased individuals at accident scenes.

Requested by: The Honorable J. Todd Hardee, Darlington County Coroner

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July 31, 2001

Opinion (mailed August 3, 2001) regarding firearms which are accumulating in your Department’s “Evidence Room.” Specifically, asking how to properly dispose of the following firearms.

Requested by: Det. Sgt. Robert F. Rockholt, Senior Firearms Instructor, Lancaster Police Department

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July 19, 2001

Opinion concerning our State’s Constitutional provision prohibiting dual office holding.

Requested by: George S. Glassmeyer, Assistant General Counsel, South Carolina Department of Public Safety

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July 18, 2001

Opinion concerning the application of S.C. Code Ann. §§ 34-11-60 & 70 (Drawing and Uttering Fraudulent Checks, etc.) when the check involved is written on a corporate account.

Requested by: The Honorable William H. Womble, Jr., South Carolina Summary Court, Chief Judge, Richland County

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June 27, 2001

Opinion regarding the application of the ex post facto clauses of the South Carolina and U.S. Constitutions to the recent increase in the fee for the Alcohol and Drug Safety Awareness Program (ADSAP) pursuant to amendments to S.C. Code Ann. § 56-5-2990.

Requested by: Karl G. Rouse, Law Clerk, South Carolina Department of Alcohol and Other Drug Abuse Services

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June 5, 2001

Opinion regarding the sentencing authority of municipal court judges.

Requested by: H. Spencer King, Esq.

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May 22, 2001

Opinion regarding State Law 16-11-700, which makes littering a criminal offense, and addressing the question of whether “this law can be enforced even when an officer isn’t present to view it.”

Requested by: John Mullins, City Manager

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May 22, 2001

Opinion regarding the applicability of the Freedom of Information Act to parole voting decisions.

Requested by: The Honorable Glenn F. McConnell, Member, South Carolina Senate

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May 21, 2001

Opinion concerning “whether or not [§22-3-1000 as amended] repealed by implication Sections 18-3-30 and 14-25-95,” all of which refer to the appeals process.

Requested by: M. Joyce Marshall, Staff Attorney, South Carolina Court Administration

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May 17, 2001

Opinion offering guidance in regards to mutual aid agreements among law enforcement agencies.

Requested by: Captain Richard D. Abney, Aiken County Department of Public Safety

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May 15, 2001

Opinion concerning dissemination of information related to persons required to register pursuant to S.C. Code Ann. §23-3-400 et seq. (Sex offender registry).

Requested by: The Honorable Harry M. Hallman, Jr., Mayor, Town of Mount Pleasant

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May 4, 2001

Opinion concerning the application of S.C. Code Ann. § 17-5-310 to a “20-plus week old fetus.” Specifically, the opinion addresses the need to secure a permit for cremation.

Requested by: The Honorable Jim Burnett, Coroner, Spartanburg County

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May 2, 2001

Opinion concerning the receipt of donated funds by the Blythewood Fire Department.

Requested by: Bradley T. Ferrar, Deputy County Attorney, County of Richland

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April 23, 2001

Opinion concerning “whether or not a municipality can dismiss a charge and keep the court cost.”

Requested by: Roger P. Roy, Jr., Esquire

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April 17, 2001

Opinion “regarding whether or not South Carolina Code of Laws, Section 16-23-465 prohibits the carrying of a concealed weapon upon the premises of a business which sells alcoholic beverages for on-premise consumption by an individual possessing a valid Concealed Weapons Permit issued pursuant to South Carolina Code of Laws, Section 23-31-215.”

Requested by: The Honorable Robert M. Stewart, Chief, South Carolina Law Enforcement Division

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March 14, 2001

Opinion “regarding whether ‘Domino Pete’ or similar gaming devices would be prohibited by S.C. Code of laws, Section 12-21-2710…and can the machine be confiscated and destroyed as provided in S.C. Code of laws, Section 16-19-120.’’

Requested by: Robert M. Stewart, Chief, South Carolina Law Enforcement Division

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February 22, 2001

Opinion “…seeking facts or opinions regarding the processing (formal booking/ finger printing) of persons who appear on what is referred to as ‘Warrant Day’ in my jurisdiction.”

Requested by: Shelton L. Hughes, Jr., Director, Clarendon County Correctional Center

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February 12, 2001

Opinion concerning South Carolina Code of Laws Section 50-25-1210 et seq., which provide for noise control requirements on Lake Wateree.

Requested by: Creighton B. Coleman, Member, House of Representatives

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January 26, 2001

Opinion on legal options available to law enforcement when an owner of certain property removes that property from the possession of another who holds some type of mechanic’s, artisan’s or repairman’s lien thereon.

Requested by: Captain Billy Brown, Lake City Police Department

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January 22, 2001

Opinion addressing several questions regarding 56-5-6240.

Requested by: Robert W. Maring, Esquire

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January 11, 2001

Opinion raising several questions related to the conduct of municipal courts.

Requested by: Christopher E.A. Barton, Senior City Solicitor, City of Rock Hill Solicitor’s Office

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January 10, 2001

Opinion concerning the Freedom of Information Act. Specifically asking whether the Freedom of Information Act requires disclosure of the full arrest record in the absence of an expungement or court order.

Requested by: The Honorable Mark Struthers McBride, Mayor, City of Myrtle Beach

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January 8, 2001

Opinion regarding the legality of a new game which is cropping up in ‘Lil Cricket stores in the Upstate and in Horry County. The game “Touch Easy Keno” is being sold to customers in the form of either the option to purchase time on the Internet or to play the game.

Requested by: The Honorable Robert M. Stewart, Chief, South Carolina Law Enforcement Division

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December 13, 2000

Opinion requesting proper interpretation of S.C. Code Ann. § 17-22-150 (1976).

Requested by: James A. Quinn, Assistant Chief Counsel, SC Department of Natural Resources

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December 7, 2000

Opinion regarding “in-line pin game machines” licensed under S.C. Code Ann. § 12-21-2720.

Requested by: The Honorable Robert M. Stewart, Chief, South Carolina Law Enforcement Division

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November 27, 2000

Opinion expressing concern about the so-called “Click It or Ticket” Program which has been initiated by the Department of Public Safety.

Requested by: The Honorable Glenn F. McConnell, Member, South Carolina Senate

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November 17, 2000

Opinion regarding a matter concerning wrecker fees on stolen vehicles.

Requested by: Keith Lewis, Chief Deputy, Fairfield County Sheriff’s Office

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November 14, 2000

Opinion concerning whether a defendant can be charged for contraband Under the Criminal Domestic Violence Act if an officer inters [sic] the residence, makes an arrest for CDV, does a search, and finds said contraband.

Requested by: Captain B.V. Strickland, City of North Myrtle Beach

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November 8, 2000

Opinion asking: are County Code Enforcement Officers entitled to use the State Uniform Traffic Ticket under the authority that is given to them pursuant to SC Code Section 4-9-145, and if the answer is in the affirmative, would a County Code Enforcement Officer then be allowed to enforce any of the state laws, in particular 16-11-700?

Requested by: Amelia R. Linder, Assistant County Attorney, Richland County

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October 10, 2000

Opinion asking: are County Code Enforcement Officers entitled to use the State Uniform Traffic Ticket under the authority that is given to them pursuant to SC Code Section 4-9-145 and if the answer is in the affirmative, would a County Code Enforcement Officer then be allowed to enforce any of the state laws, in particular 16-11-700?

Requested by: Amelia R. Linder, Assistant County Attorney, Richland County

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September 28, 2000

Opinion concerning mutual aid officers, SLED and Highway Patrol at Clemson football games, and who has the final say on this officers.

Requested by: Lonnie J. Saxon, Chief of Police, Clemson University

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September 28, 2000

Opinion on the legality of the Florence County Council’s funding of a magistrate’s position from the revenue generated by the Local Accommodations Tax.

Requested by: Dale R. Samuels, Esquire

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September 26, 2000

Opinion “regarding section 23-6-405, both of which are related to the reimbursement of training costs for law enforcement officers.”

Requested by: The Honorable J. Al Cannon, Jr., Sheriff, Charleston County

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September 22, 2000

Opinion regarding the proper mechanisms for obtaining information from Internet providers necessary pertinent to an ongoing criminal investigation.

Requested by: Daniel R. Yeargin, Assistant Chief, Department of Public Safety

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September 21, 2000

Opinion concerning whether magistrates have jurisdiction over violations of South Carolina Code of Laws Section 56-5-2770.

Requested by: W. Baxter Harwell, Assistant Solicitor, Fifteenth Judicial Circuit

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September 20, 2000

Opinion “…as to whether or not this law is retroactive for offenders convicted and required to register under the old law, and do we apply the law that was in effect at the time of the offense or the law as it is written now.”

Requested by: The Honorable Gene Taylor, Sheriff, Anderson County

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September 13, 2000

Opinion questioned whether a magistrate may refuse to issue a warrant in a situation where a victim has provided a sworn affidavit alleging that a crime has been committed.

Requested by: James A. Preacher, Chief of Police, Norway Police Department

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August 25, 2000

Opinion concerning the recently amended South Carolina Code of Laws Section 56-1-460, which grants authority to magistrates to dispose of driving under suspension cases.

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

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August 14, 2000

Opinion on the validity of South Carolina Code of Laws Sections 50-25-1210 and 50-25-1230, which prohibits certain types of motorboats on Lake Wateree as a method of noise control.

Requested by: The Honorable Timothy C. Wilkes, Member, House of Representatives

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August 7, 2000

Opinion about a constituent who has a contract to provide the services of his drug-sniffing dogs with several school districts in the state.

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

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August 3, 2000

Opinion asking “if a South Carolina based company operates a game of chance, coin-operated device, or any other gaming device in a neighboring state, is it unlawful for another company to buy back the validated ticket or prizes from that player within the State of South Carolina?”

Requested by: The Honorable Andre Bauer, Senator, District No. 18

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August 1, 2000

Opinion on misdemeanor arrests when the arresting officer has not yet obtained a warrant.

Requested by: The Honorable Jennifer L. Presnell, Administrative Judge

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July 31, 2000

Opinion asking whether a dual office holding situation exists if a police officer for the Town of Mount Pleasant simultaneously serves on the Berkeley County Council.

Requested by: R. Allen Young, Esquire

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July 25, 2000

Opinion asking whether a dual office holding situation exists if a police officer for the Town of Mount Pleasant simultaneously serves on the Berkeley County Council.

Requested by: R. Allen Young, Esquire

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July 19, 2000

Opinion stating: “The question we pose is whether or not we have the authority to pay for certain services which we did not have the authority to pay for when they were rendered and which were rendered in a previous fiscal year from the year in which we did get authority to pay.”

Requested by: Tyre D. Lee, Jr., Executive Director, South Carolina Office of Indigent Defense.

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May 8, 2000

Opinion concerning the ban on video poker, which takes effect July 1, 2000.

Requested by: Robert M. Stewart, Chief, South Carolina Law Enforcement Division

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April 13, 2000

Opinion on the propriety of the solicitor’s office sending out a questionnaire to potential jurors for use in jury selection.

Requested by: Christopher E. A. Barton, Senior City Solicitor, City of Rock Hill

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March 3, 2000

Opinion asking if the sheriff’s office is required to serve subpoenas issued from the public defender when the public defender’s office has employed full time investigators on its staff.

Requested by: Lt. Ron Taylor, Aiken County Sheriff’s Office

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February 10, 2000

Opinion questioning the legality of a municipal judge issuing subpoenas for investigative purposes.

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

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January 27, 2000

Opinion asking whether the York County Sheriff’s Office may charge a fee for the service of process for a defendant in criminal proceedings.

Requested by: Elizabeth H. Robinson, Staff Attorney, Office of the Sheriff, York County

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January 27, 2000

Opinion asking whether a dual office holding situation exists if the Assistant City Attorney for Greenville simultaneously serves as a state senator.

Requested by: Debra J. Gammons, Esquire

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January 4, 2000

Opinion questioning whether the language of the constitutional amendment allows a local appropriation authority (i.e., county council or municipal council) to set up and fund a central victims’ assistance office or whether the language of the constitutional amendment effectively requires the local appropriation authority to fund victims’ services programs located within those local entities that have direct responsibilities for handling victims’ case (law enforcement, solicitor, courts, jails).

Requested by: The Honorable Kay Patterson, Senator, District No. 19

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December 14, 1999

Opinion concerning the legality of a private company contracting with a county to perform services for the magistrate’s court.

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

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December 9, 1999

Opinion regarding volunteer help during an evacuation.

Requested by: Stan M. McKinney, Director, Emergency Preparedness Division, Office of the Adjutant General

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November 29, 1999

Opinion asking if a municipal court “has any authority to require an explanation from the officer as to the reason for requesting a dismissal” of a case brought before the court.

Requested by: The Honorable Ernest M. Spong, III, Municipal Judge, Town of Winnsboro

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November 15, 1999

Opinion asking whether the revenue generated pursuant to these Acts must be appropriated for the exclusive purpose for providing victim services as required by Article 15 of Title 16 of the South Carolina Code of Laws or whether a county or municipality is free to use the revenue to fund projects unrelated to the provision of victim services.

Requested by: Mia McLeod Butler, Director, State Office of Victim Assistance

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November 10, 1999

Opinion asking about the validity of a business’s policy to charge a fee for the production of records compelled by a lawful search warrant.

Requested by: Andy Blackwell, Chief of Police, Irmo Police Department

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November 5, 1999

Opinion concerning a possible work program for inmates sentenced for civil contempt.

Requested by: W. Jerry Floyd, Director, Pickens County Prison

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October 25, 1999

Opinion regarding the South Carolina Crime Victims Compensation Act, S.C. Code Ann. Section 16-3-1110 et seq.

Requested by: Mia McLeod Butler, Director, State Office of Victim Assistance

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September 29, 1999

Opinion questioning whether S.C. Code Ann. § 14-25-45 grants municipal judges the same arrest powers as are granted magistrates pursuant to S.C. Code Ann. §§ 22-5-140 and 22-5-150.

Requested by: Mr. Ronald M. Salley, Orangeburg Municipal Judge

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September 29, 1999

Opinion on S.C. Code Ann. Section 56-25-40(b).

Requested by Ms. Sharon Turner, Court Administrator, Richland County Central Court.

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September 17, 1999

Opinion asking about the interpretation of statute, S.C. Code Ann. § 61-6-4710.

Requested by: Paul A. Sandifer, Director, South Carolina Department of Natural Resources

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August 10, 1999

Opinion regarding fraudulent checks.

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

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August 10, 1999

Opinion questioning whether a defendant is entitled to a preliminary hearing where he was indicted before the hearing could be held.

Requested by: The Honorable Joseph McDomick, Magistrate, St. Helena Island

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August 10, 1999

Opinion questioning whether a defendant can repeatedly be held in contempt of court for failure to make restitution payments until the restitution payments are made.

Requested by: W.S. Hanks, Chief of Police, Honea Path Police Department

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July 6, 1999

Opinion asking whether a magistrate, in addition to the circuit court judge, may sign a consent form for the forfeiture of seized gambling funds.

Requested by: Sheriff Johnny Mack Brown

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June 30, 1999

Opinion on whether a magistrate in addition to the circuit court judge, may sign a consent form for the forfeiture of seized gambling funds.

Requested by Sheriff Johnny Mack Brown, Sheriff, Greenville.

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June 21, 1999

Opinion asking whether a dual office situation would exist if a highway patrolman simultaneously served as a member of the Newberry County School Board.

Requested by: The Honorable Andre Bauer, Senator, District No. 18

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June 8, 1999

Opinion asking on the length of pre-trial time a person can be held in custody when the pre-trial time might exceed the maximum sentence possible for the offense charged.

Requested by: Chief Deputy Edward S. Whitlock, Jr., Charleston County Sheriff’s Office

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June 1, 1999

Opinion noting that recently the Department of Natural Resources has had correspondence with Mr. Ed Dixon concerning a renewal for his watercraft registration.

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

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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.

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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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