Posts Tagged ‘Victims’

May 15, 2017

Opinion on whether a local magistrate can void a county ordinance (Lancaster County Code 22, nuisance complaint).

Requested by The Honorable Deborah Long, Member, South Carolina House of Representatives.

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February 24, 2016

Opinion regarding whether “toxicology reports are considered to be ‘medical records’ under Section 30-4-20(c) of the South Carolina Code and therefore exempt from disclosure under the South Carolina Freedom of Information Act.”

Requested by The Honorable Rusty Clevenger, Coroner, Spartanburg County.

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January 11, 2016

Opinion regarding the “wording and definition in the state statute for persons required to report, [S.C. Code] 63-7-310.”

Requested by The Honorable Michael Crenshaw, Sheriff, Oconee County Sheriff’s Office.

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December 11, 2015

Opinion on the State Ethics Act.

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

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November 12, 2015

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

Requested by Paul M. Fata, Lee County Attorney.

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November 9, 2015

Opinion regarding whether the South Carolina Commission of Higher Education has the legal authority to participate in the State Authorization Reciprocity Agreement.

Requested by Tim M. Hofferth, Chair, South Carolina Commission of Higher Education.

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October 14, 2015

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

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

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June 2, 2015

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

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

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November 4, 2014

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

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

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June 30, 2014

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

Requested by: The Honorable Mike Fair, SC Senate

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April 10, 2014

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

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

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February 24, 2014

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

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

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December 30, 2013

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

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

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November 18, 2013

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

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

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Novmber 18, 2013

Opinion concerning the legality of counties and municipalities issuing tickets for traffic and other offenses under local ordinances as opposed to the Uniform Act Regulating Traffic on Highways (the “UTA”), S.C. Code §§ 56-5-10 et seq.

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

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October 24, 2013

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

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

Read full opinion here. 

October 8, 2013

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

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

Read full opinion here. 

October 8, 2013

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

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

Read full opinion here.

September 23, 2013

Opinion concerning whether the State Office of Victim Assistance (“SOVA”) has legal authority to offset or recover financial assistance from a victim if they are a passenger of a motor vehicle that has insurance and/or uninsured motorist coverage.

Requested by:  Dr. Larry Barker, Director, State Office of Victim Assistance

Read full opinion here. 

August 20, 2013

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

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

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March 1, 2013

Opinion regarding a magistrate’s general contempt authority.

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

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January 14, 2013

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

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

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October 2, 2012

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

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

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September 25, 2012

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

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

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May 2, 2012

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

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

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February 14, 2012

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

December 9, 2011

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

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

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November 7, 2011

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

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

October 27, 2011

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

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

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August 25, 2011

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

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

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July 21, 2011

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

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

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July 15, 2011

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

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

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July 7, 2011

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

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

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June 28, 2011

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

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

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May 12, 2011

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

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

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March 11, 2011

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

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

March 3, 2011

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

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

February 23, 2011

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

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

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November 9, 2010

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

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

November 9, 2010

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

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

November 4, 2010

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

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

October 27, 2010

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

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

October 12, 2010

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

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

September 15, 2010

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

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

August 26, 2010

Opinion regarding the State Forestry Commission’s fitness training and testing program. Specifically, questioning the legal exposure to the State for wrongful termination or other civil action under the current program and the proposed revision.

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Requested by: Joel T. Felder, Deputy State Forester, SC Forestry Commission

July 27, 2010

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

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Requested by: David E. Belton, Esquire

April 22, 2010

Opinion concerning Aiken County’s Local Option Sales Tax Referendum. Specifically, whether “the local government can include infrastructure improvements to the Cumbee Center, a center for domestically abused women, on the next ballot.”

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Requested by: The Honorable Tom Young, Member, House of Representatives

January 14, 2010

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

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

December 15, 2009

Opinion regarding the management and distribution of Victims Compensation funds and the phrase “technical assistance”.
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Requested by: Rebecca C. Patrick, Chairwoman, South Carolina Crime Victims Advisory Board

October 9, 2009

Opinion questioning whether summary court judges and their staff, who are required by law to notify victims of hearings, would be required to be certified as “victim service providers.”
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Requested by: Rosalyn W. Frierson, Director, South Carolina Court Administration

September 1, 2009

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

April 1, 2009

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

March 2, 2009

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

February 26, 2009

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

December 16, 2008

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

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

September 30, 2008

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

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

September 25, 2008

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

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

September 19, 2008

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

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

August 7, 2008

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

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

July 31, 2008

Opinion regarding the amendment to S.C. Code Ann. § 22-5-110 as set forth in Act No. 346 of 2008 (Courtesy Summons).

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Requested by: Robert L. McCurdy, Esquire

July 1, 2008

Opinion concerning the interpretation of a recent amendment to section 15-41-30 of the South Carolina Code.

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Requested by: The Honorable Stephen T. Draffin, Code Commissioner and Executive Director, South Carolina Legislature Council

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

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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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 16, 2008

Opinion questioning the applicability of S.C. Code Ann. 15-3-530 which establishes the statute of limitations to the Treasurer’s office responsibility for receiving court assessments pursuant to S.C. Code Ann. 14-1-206 through 14-1-208.

Requested by: The Honorable Converse A. Chellis III, Treasurer, State of South Carolina

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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 regarding mentally ill individuals that have been “committed but not admitted”, meaning individuals who have been certified by a licensed physician to be in need of mental health treatment but who cannot be immediately transported and placed in a State mental health facility due to shortage of available beds.

Requested by: Honorable Branna W. Williams, Judge of Probate, Barnwell County

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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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October 26, 2007

Opinion questioning whether grant funds (e.g. from the State or Federal government) that are provided to counties or sheriff’s departments for the purpose of hiring new or special deputies, for example, considered a part of a sheriff’s budget, and when receiving grant funding is the county required to pick up where the grant ended.

Requested by: Bradley T. Farrar, Esquire

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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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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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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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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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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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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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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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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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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 19, 2006

Opinion questioning the liability for trainers in the use of an automated external defibrillator (“AED”).

Requested by: The Honorable W. Greg Ryberg, Member, SC Senate

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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 9, 2005

Opinion regarding the potential sale of a portion of the Bull Street property which has, for almost two hundred years, been the home of facilities of the Department of Mental Health.

Requested by: Frank W. Fusco, Executive Director, State Budget and Control Board

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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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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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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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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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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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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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February 9, 2004

Opinion asking whether “the Priest-penitent privilege referred to in Sections 19-11-90 and 20-7-550 extend[s] to all clergy?”

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

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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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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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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 24, 2003

Opinion concerning dual office holding. Specifically, “as to whether the position of Victims’ Services Coordinator is considered an office, as it pertains to the South Carolina Constitution prohibition against dual office holding.”

Requested by: Chief Douglas W. Graffagnino, Seneca Police Department

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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 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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October 17, 2002

Opinion asking us to outline the applicable federal and state law governing the payment of inmates who perform “certain service work for private sector entities at wage levels below the federal minimum wage.”

Requested by: The Honorable Mike Fair, Chairman, Corrections & Penology Committee, The Senate of South Carolina

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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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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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May 21, 2002

Opinion concerning a law enforcement officer’s discretion when determining whether to arrest pursuant to S.C. Code Ann. §16-25-70(B)  in light of the fact that such section uses the phrase “must arrest.” You wish to know whether a police officer retains discretion in carrying out his or her duties pursuant to such section.

Requested by: The Honorable Rebecca Meacham-Richardson, Member, House of Representatives

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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 7, 2002

Opinion indicating that the Spartanburg County Sheriff’s Office has enacted a program known as the “Pawn Shop Buy Back Program.”

Requested by: Sergeant Doug Smith, Spartanburg County Sheriff’s Office

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May 2, 2002

Opinion asking “can attorneys be paid through a nonprofit organization to provide legal services to clients the organization serves?” Specifically, if S.C. Code Ann. §40-5-320, which prohibits a corporation from practicing law.

Requested by: The Honorable J.G. McGee, III, Member, House of Representatives

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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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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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October 11, 2001

Opinion asking whether local governments may recoup expenses for computer upgrades related to tracking the DUI surcharge for spinal cord research from all court revenues or whether the deductions fro these expenses should be made only from the one hundred dollar DUI surcharge.

Requested by: The Honorable Grady L. Patterson, Jr., State Treasurer

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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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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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February 22, 2001

Opinion asking for clarification regarding common law marriage.

Requested by: Ann McCarson, Victim Advocate

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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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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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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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April 18, 2000

Opinion as to the constitutionality of House Bill 4534, an act that would prohibit a public body from selling, providing or furnishing to a private person or entity a public record for use in a commercial solicitation.

Requested by: The Honorable John D. Hawkins, Member, House of Representatives

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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 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 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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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 22, 1999

Opinion on South Carolina Code of Laws Section 44-29-230, which requires testing for bloodborne disease when an emergency response employee may be exposed.

Requested by: James E. Croland

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September 22, 1999

Opinion on South Carolina Code of Laws Section 44-29-230, which requires testing for bloodborne disease when an emergency response employee may be exposed.

Requested by: The Honorable Johnny Mack Brown

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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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August 3, 1999

Opinion asking whether the South Carolina Department of Probation, Parole, and Pardon Services may require, as a condition to probation, a probationer to submit to reasonable, warrant less searches by Probation Officers.

Requested by: Jack Sinclaire, Deputy Solicitor, Ninth Judicial Circuit

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June 17, 1999

Opinion asking whether an agency must delete suspect information from an incident report prior to releasing it if the investigation is ongoing, a warrant has not yet been issued, or the suspect has not been convicted?

Requested by: Tom O. Gainey, Chief Deputy, Darlington County Sheriff’s Department

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March 1, 1999

Opinion indicating that the Council “is concerned about using spike sticks in a pursuit, and would like to know what liability is involved in such a chase; who is responsible should an innocent person fall victim.”

Requested by: John R. Watford, Chief of Police, Town of Jefferson

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March 1, 1999

Opinion regarding a municipality within Hampton County fails to provide the information required by South Carolina Code Section 16-3-1525 during the booking process at the Hampton County Detention Center.

Requested by: Tounda Smith, Jail Administrator, Hampton County Detention Center

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September 21, 1998

Opinion noting that “on several occasions it has been requested by certain state governmental entities, agencies and departments that the [Juvenile] Parole Board provide certain information pertaining to juveniles from our agency’s records.”

Requested by: Karen A. Walto, Chairperson, Board of Juvenile Parole

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July 8, 1998

Opinion about an issue that has arisen between the Pickens County Department of Public Works and the City of Easley concerning the city’s right to send inmates to the Pickens County Stockade.

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

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May 5, 1998

Opinion concerning the application of S.C. Code Section 16-17-470, better known as the “Peeping Tom” statute.

Requested by: Betty Miller, Esquire

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April 21, 1998

Opinion concerning S.C. Code ann. Sec. 6-11-1420.

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

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January 6, 1998

Opinion referencing a murder investigation.

Requested by: The Honorable Johnny Mack Brown, Sheriff, Greenville County

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November 7, 1997

Opinion questioning the use of pre-set bond amounts for so-called “non-victim” offenses such as those involving intoxication and the like.

Requested by: Russell B. Long, Esquire

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November 4, 1997

Opinion regarding criminal domestic violence in South Carolina.

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

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September 2, 1997

Opinion questioning whether Section 20-1-100 now restricts the effect of Section 20-1-300 despite the latter’s language which permits a marriage license to issue “[w]ithout regard to the age of the female and male?”

Requested by: The Honorable Catherine H. Kennedy, Probate Judge, Richland County

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August 5, 1997

Opinion concerning the potential prosecution of a magistrate court case by a private attorney.

Requested by: The Honorable Thomas E. Pope, Solicitor, Sixteenth Judicial Circuit

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July 15, 1997

Opinion concerning the “practical implementation” of S.616, R.201 (Act No. not yet assigned).

Requested by: The Honorable Phil P. Leventis, Senator, District No. 35

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June 18, 1997

Opinion concerning the Law Abiding Citizens Self-Defense Act of 1996.

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

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April 7, 1997

Opinion seeking as to “the application of the Charter School Act of 1996 of South Carolina, which was passed by the South Carolina Legislature with the purpose of increasing choices for education of South Carolina families.

Requested by: The Honorable Edith M. Rodgers, Member, House of Representatives

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April 2, 1997

Opinion inquiring whether pursuant to §47-3-760 (C) of the Code of a municipal court has jurisdiction to order a dangerous animal destroyed if the owner has been found guilty in Municipal Court for violating  §47-3-760 or “is §47-3-760 (C) considered more civil in nature thus vesting jurisdiction in the Magistrate Court only.”

Requested by: The Honorable Donna Owens, Municipal Judge, City of Florence

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March 25, 1997

Opinion concerning whether “there is a South Carolina Law as to how long we must maintain the files on death investigation in our office.”

Requested by: The Honorable Greg L. Shore, Coroner, Anderson County

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January 10, 1997

Opinion stating that you are very concerned about partial birth abortions in light of “last year’s failure by the United States Congress to ban these types of late-term abortions.”

Requested by: The Honorable James S. Klauber, Member, House of Representatives

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November 27, 1996

Opinion principally concerned in the area of persons jailed for contempt for failure to pay child support.

Requested by: The Honorable Jack I. Guedalia, Charleston County Magistrate

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November 14, 1996

Opinion referencing a recent Order of the Honorable Donna Strom which “would transfer all juveniles determined to be ‘sub-class’ juveniles to the custody and care of the Department of Mental Health.”

Requested by: Donna Earls Elder, Vice Chairman, South Carolina Juvenile Parole Board

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August 23, 1996

Opinion requesting assistance in researching the legal ramifications of the new Concealed Weapons Permit as it relates to civilian use of force.

Requested by: Captain Mark A. Keel, SLED

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August 14, 1996

Opinion regarding S.C. Code Ann. 388-53-310 (1995 Cum. Supp.) which requires professional bail bondsmen to file with the clerk of court of the county of his principal place of business a written report regarding all the bail bonds on which he is liable as of the first day of each month, and inquiring whether or not this report should be available to the public, specifically competitors.

Requested by: Derrick K. McFarland, Staff Attorney, S.C. Court Administration

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August 5, 1996

Opinion asking whether an officer responding to a domestic violence call, who has probable cause to believe an assault has taken place, “can cause a warrant to be issued for Criminal Domestic Violence with the officer as the affiant, so the defendant may be arrested at a later time” in instances where the alleged offender leaves before police arrive.

Requested by: A.G. Dantzler, Director of the Department of Public Safety, City of Cayce

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June 3, 1996

Opinion asking about the practice of deferring prosecutions by a prosecuting officer.

Requested by: R. Allen Young, Esquire, Mount Pleasant Town Attorney

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February 21, 1996

Opinion requesting clarification as to whether Mrs. Hunter, a victim of a robbery that took place in Alaska two years prior, must go back to Alaska to testify, despite the tremendous hardship it would cause, or if there is another way to submit her testimony.

Requested by: The Honorable Greg Gregory, Senator, District No. 16

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January 29, 1996

Opinion concerning whether it is legal to have the blood of the deceased tested for HIV virus and Hepatitis B and give the results to their caregivers.

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

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January 3, 1996

Opinion noting that it has been the experience of the South Carolina Board of Juvenile Parole that “in certain cases, the victims of juvenile crime have requested current photographs of offenders, particularly at the time of their parole from the Department of Juvenile Justice.”

Requested by: Mollie DuPriest, Director, South Carolina Board of Juvenile Parole

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December 5, 1995

Opinion inquiring as to how the length of time is determined before an inmate who is denied parole can become re-eligible, specifically concerning the case of Tellis Edwards, who had been convicted of Grand Larceny, Housebreaking, and plead guilty to Manslaughter.

Requested by: Jack Sinclaire, Esquire, Deputy Solicitor, Ninth Judicial District

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December 4, 1995

Opinion concerning Yolanda M. Simmons, and inquiring whether S.C. Code of Laws 17-25-323 and 17-25-325 may be applied to court orders for restitution, $8719.00, which preceded the effective date of the statutes and force Ms. Simmons to continue paying the restitution beyond the $5000.00 she had paid to date.

Requested by: The Honorable David P. Schwacke, Solicitor, Ninth Judicial Circuit

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October 23, 1995

Opinion concerning the requirement in this State that one’s Social Security number be furnished by an individual desiring to register to vote.

Requested by: The Honorable J. Verne Smith, Senator, District No. 5

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October 4, 1995

Opinion concerning the dissemination of social security numbers which appear in documents in the office of the Clerk of Court.

Requested by: Nancy Bloodgood, Esquire, Deputy County Attorney, County of Charleston

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September 22, 1995

Opinion regarding the question of when the name of a juvenile can be released to the public, including the media.

Requested by: The Honorable James R. Metts, Ed.D., Sheriff, Lexington County

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August 8, 1995

Opinion concerning whether South Carolina is in compliance with the Violence Against Women grant requirements as set forth in P.L. 103-322 which is part of the Violent Crime Control Act of 1994.

Requested by: Mr. David Barden, Assistant Director, Department of Public Safety

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July 19, 1995

Opinion regarding the interpretation of S.C. Code Ann. Section 56-5-765 which deals with accidents involving police vehicles.

Requested by: David M. Bridges, Chief of Police, City of Greenville Police Department

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April 21, 1995

Opinion asking a number of questions concerning the operation of municipal court, on the topics of the statute of limitations for warrants, additional charges brought against a person for failure to appear, how a defendant is to be notified if a person is absent at a trial, what the time limit is to request a jury trial, if a bench warrant can be issued for failure to appear, and if rehabilitation may be prescribed by the judge.

Requested by: The Honorable Robert K. Whitney, Municipal Court Judge, City of Westminster

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March 22, 1995

Opinion regarding a “policy to insure very few people enter the crime scene after victims are checked for signs of life” designed by the collaboration of the Solicitor’s Office, the Sheriff’s Office, and EMS personnel.

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

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February 9, 1995

Opinion regarding as to whether the offense of kidnapping would constitute a crime of moral turpitude.

Requested by: Timothy D. Harbeson, Esquire, General Counsel, Divison of Foster Care Review

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April 19, 1994

Opinion inquiring whether the crime of assault and battery of a high and aggravated nature is a crime of moral turpitude.

Requested by: The Honorable Carroll A. Campbell, Jr., Governor of South Carolina

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November 2, 1993

Opinion concerning the State’s potential liability in situations where a third party is exposed to a bloodborne pathogen as a result of having come into contact with contaminated bodily fluids at an accident or crime scene.

Requested by: The Honorable Jerry N. Govan, Jr., Member, House of Representatives

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October 13, 1993

Opinion referencing a 1992 amendment to the statutes regarding the Pretrial Intervention Program, S.C. Code Sections 17-22-10 et seq. which permits an offender to make an application for participation in the program to the chief administrative judge in the circuit.

Requested by: The Honorable John W. Tucker, Jr., Member, House of Representatives

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August 25, 1993

Opinion questioning whether a magistrate may impose a fine or jail time and order a defendant to make restitution to the victim of a fraudulent check violation.

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

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February 11, 1993

Opinion concerning whether S.C. Code Ann. Sec. 20-7-340 allows the Office of the Solicitor, the SC Department of Youth Services, or the Family Court to release identifying information on a juvenile to a victim of an offense involving personal injury or property damage by that juvenile for purposes of a civil action; and if so, must that disclosure be made only after the juvenile has been adjudicated delinquent for the offense charged?

Requested by: Frampton Durban, Jr., Esquire, Managing Assistant Solicitor, Ninth Judicial Circuit, Family Court Division

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June 9, 1992

Opinion addressing several questions arising from Act. No. 310 of 1992 which establishes a procedure for the transfer of specified criminal cases from the general sessions docket to a magistrate or municipal court docket.

Requested by: Motte L. Talley, Esquire, South Carolina Court Administration

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April 28, 1992

Opinion regarding whether financial reports submitted by schools to help establish financial stability as part of the Application for License would be subject to disclosure under the Freedom of Information Act.

Requested by: The Honorable Fred R. Sheheen, Commissioner, South Carolina Commission on Higher Education

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January 16, 1992

Opinion concerning whether the Family Counseling Center of Greenville, Inc., would be considered a public body under the Freedom of Information Act.

Requested by: The Honorable Nick A. Theodore, Lieutenant Governor, State of South Carolina

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July 29, 1991

Opinion concerning whether the crime of criminal sexual conduct with a minor under Section 16-3-655 can be classified as a violent crime.

Requested by: The Honorable Richard E. McLawhorn, Commissioner, Department of Youth Services

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June 25, 1991

Opinion concerning whether or not the crime of attempting to possess crack cocaine is a crime of moral turpitude.

Requested by: Lt. Patricia N. Murphy, Supervisor, Regulatory Services

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May 24, 1991

Opinion concerning reports of abuse, misuse and misappropriation of public money at the University Of South Carolina.

Requested by: The Honorable James C. Johnson, Member, House of Representatives

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March 1, 1991

Opinion concerning whether requested information regarding a specific child protective services case may be voluntarily disclosed to the Joint Legislative Committee on Children by the State Department of Social Services.

Requested by: The Honorable James L. Solomon, Jr., Commissioner, South Carolina Department of Social Services

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July 31, 1990

Opinion concerning the apparent conflict between the provisions in S.C. Code Ann. §§46-3-1250 and 38-77-160.

Requested by: E. Ros Huff, Jr., Chief Counsel, State Workers’ Compensation Fund

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June 22, 1990

Opinion addressing two questions relating to child abuse and neglect matters.

Requested by: Nelda Smyrl, Assistant Solicitor, Fifth Judicial Circuit

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May 8, 1990

Opinion concerning certain amendments made to House Bill 4572 dealing with the punishment for the crime of being the “leader of a narcotics trafficking network.”

Requested by: The Honorable David H. Wilkins, Chairman, House Judiciary Committee

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April 23, 1990

Opinion concerning the authority of the Commission on Aging to request or require information about services to the aging which it does not fund.

Requested by: Ms. Gail C. Reyes, Executive Director, Barnwell County Office on Aging

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February 5, 1990

Opinion concerning whether the death penalty may be sought, i.e., whether any statutory aggravating circumstances may be alleged to exist, under a specific hypothetical factual situation.

Requested by: The Honorable James C. Anders, Solicitor, Fifth Judicial Circuit

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January 10, 1990

Opinion concerning sentencing practices for a second offense driving under the influence.

Requested by: The Honorable Willford L. Faile, Sheriff, Lancaster County

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December 5, 1989

Opinion regarding Sections 47-3-170 et seq. of the Code, Article 13 of Title 47, Chapter 3, which deal with the regulation of dangerous dogs.

Requested by: George A. Markert, Assistant Director, South Carolina Court Administration

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November 15, 1989

Opinion concerning whether the Federal Emergency Management Agency is required to obtain permits for mobile homes it owns and provides within the State to disaster victims.

Requested by: The Honorable Barbara Sylvester, Florence County Assessor’s Office

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October 26, 1989

Opinion regarding a procedure the Chief of SLED intends to implement regarding the handling of evidence at the new forensic laboratory.

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

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September 25, 1989

Opinion addressing multiple questions regarding large sums of bail bond money held in the official accounts of clerks of court and magistrates, specifically regarding the investment of these sums in interest-bearing accounts and to whose benefit interest on bail bond monies would inure.

Requested by: George A. Markert, Assistant Director, South Carolina Court Administration

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September 25, 1989

Opinion on whether any priority should be given the collection and transmittal of funds designated for the State Office of Victim Assistance.

Requested by Motte L. Talley, South Carolina Court Administration.

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September 8, 1989

Opinion concerning the legal options available to the Alcoholic beverage Control Commission regarding a licensee who allegedly refuses to serve African Americans in his restaurant, licensed by the Commission to sell beer and wine and liquor.

Requested by: The Honorable Carroll A. Campbell, Jr., Governor of South Carolina; Elliot D. Thompson, Chairman, Alcoholic Beverage Control Commission

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March 24, 1989

Opinion concerning the specific definition of the term “handicapped person,” as defined in Section 2-7-35, S.C. Code of Laws (1976) and which diseases are included in this category. The opinion also addresses what effect, if any, Section 2-7-35 has upon Section 43-33-560 which specifically refers to disease.

Requested by: The Honorable Joyce C. Hearn, Member, House of Representatives

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March 9, 1989

Opinion concerning the constitutionality of South Carolina’s 10% highway set-aside money in light of the United States Supreme Court ruling in Richmond, Virginia, case relative to affirmative action.

Requested by: The Honorable David L. Thomas, Senator, District No. 8

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November 23, 1988

Opinion regarding the provisions of Section 8 of Act No. 532 of the 1988 “Highway Safety Act”, which increases the penalties for speeding.

Requested by: Nancy E. Shealy, Esquire, Staff Attorney, South Carolina Court Administration

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October 19, 1988

Opinion regarding Section 56-5-2940, which provides punishment for individuals convicted of driving under the influence.

Requested by: Motte L. Talley, Staff Attorney, South Carolina Court Administration

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September 29, 1988

Opinion questioning whether a magistrate is authorized to sentence offenders to attend such a program as a condition of a suspended sentence imposed on an individual convicted of issuing a fraudulent check.

Requested by: Motte L. Talley, Esquire, Staff Attorney, South Carolina Court Administration

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May 26, 1988

Opinion concerning whether the Book of Inquisition remains open in light of a provision in recently-enacted legislation, R-356, which generally restricts availability to the public of death certificates.

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

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April 25, 1988

Opinion involving House Bill 2580 which amends S.C. Code Ann. §20-7-600 to provide that ‘when a child is found violating any law or ordinance, even if he is not taken into custody, the officers shall notify the parent, guardian, or custodian of the child as soon as possible…”

Requested by: Ms. Virgie Randolph, Member, House of Representatives

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December 1, 1987

Opinion regarding an interpretation of S.C. Code Ann., Section 20-7-1330(a), concerning the limitation on the amount of restriction that can be imposed against a juvenile as a condition of probation.

Requested by: The Honorable David H. Wilkins, Member, House of Representatives

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October 15, 1987

Opinion on if there are any legal problems that may be anticipate if HIV testing a requirement for admissions to the Medical University of South Carolina Medical Center.

Requested by: Robert M. Sade, M.D., Medical Director, Medical University of South Carolina

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October 15, 1987

Opinion concerning the constitutionality of AIDS testing for county employees and county prisoners, especially those involved in prostitution.

Requested by: The Honorable Joyce C. Hearn, Member, House of Representatives

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March 16, 1987

Opinion concerning whether or not the South Carolina Department of Corrections can, for its internal classification purposes, place inmates convicted of criminal sexual conduct in the third degree (an offense defined by the General Assembly as non-violent) in a classification category with offenses defined as violent pursuant to S.C. Code Ann. §16-1-60 (1986 Supp.).

Requested by: The Honorable Horace C. Smith, Member, South Carolina Senate

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September 9, 1986

Opinion concerning the application of several provisions of the recently enacted comprehensive Tort Claims Act [Section 15-78-10, et. seq. of the Code of Laws of South Carolina, 1976 (as amended by R514 of 1986)].

Requested by: The Honorable John G. Richards, Chief Insurance Commissioner

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July 21, 1986

Opinion concerning whether a circuit or municipal court judge could require a defendant sentenced to a term of probation to make, as a part of the sentence imposed by the court, a contribution to “Crime Stoppers” or to reimburse “Crime Stoppers” for funds expended by such organization in association with the defendant’s case.

Requested by: J. Stephen Schmutz, Esquire, Deputy Solicitor, Ninth Judicial Circuit

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April 15, 1986

Opinion concerning the constitutionality and legality of two proposed amendments to S.1017.

Requested by: John H. Holladay, Jr., Boxing Commissioner, 2nd Congressional District, State Boxing Commission

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March 26, 1986

Opinion concerning the status of personnel employed by a solicitor’s office to administer the Victim/Witness Program: whether the persons are county employees, to what fringe benefits these persons may be entitled, who pays for the benefits, and so forth.

Requested by: Melvin B. McKeown, Esquire, York County Attorney

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February 21, 1986

Opinion questioning whether Section 16-3-1130 pf the Code empowers the State Crime Victim’s Compensation Fund (hereafter “the Fund”) to delegate the statutory duties of a field representative to an individual who is neither a field representative nor an employee of the Fund.

Requested by: James E. Chaffin, Jr., Staff Attorney, Crime Victims’ Compensation Fund

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July 8, 1985

Opinion on Section 16-3-658 (criminal sexual conduct).

Requested by The Honorable Ulysses Frieson, Magistrate, Florence County.

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April 2, 1985

Opinion concerning whether proposed bills, S-19 and S-20, are constitutional.

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

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October 10, 1984

Opinion concerning whether arrest warrants charging violations of an order of protection issued pursuant to Sections 20–4–10 et seq., Code of Laws of South Carolina, 1976, as amended [the Protection from Domestic Abuse Act —hereafter ‘the Act’] may be executed on Sunday.

Requested by: The Honorable David H. Maring, Chief Family Court Judge, Fifteenth Judicial Circuit

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August 29, 1984

Opinion on whether an individual simultaneously serving on the North Charleston City Council and on the Board of Trustees of Charleston Memorial Hospital would contravene the dual office holding your accompanying memorandum, you have concluded that an individual your accompanying memorandum, you have concluded that an individual so holding those offices would be holding dual offices.

Requested by: Wade H. Logan, III, Esquire, Charleston County Attorney

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August 09, 1984

Opinion as to whether the law provides a remedy for sexual harassment.

Requested by: The Honorable Charles B. Johnson, Magistrate, Horry County

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May 01, 1984

Opinion as to the applicability of the article covering compensation for crime victims (Code of Laws of South Carolina, Section 16–3–1110 et seq.) to victims involved in accidents with drunk drivers.

Requested by: The Honorable John R. Russell, Member, House of Representatives

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May 01, 1984

Opinion regarding whether or not a Joint Resolution, as passed by the General Assembly, and proposing to amend the South Carolina Constitution to permit appropriations and authorization of expenditures to families and individuals for disaster relief, is now necessary in light of the opinion this office issued on April 3, 1984.

Requested by: Frank B. Sanders, Director, Division of Public Safety Programs

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April 3, 1984

Opinion on whether your office can administer federal funds made available to the State through the Federal Disaster Relief Act of 1974, for the purpose of providing assistance to low and moderate income persons who were victims of the tornadoes of last week.

Requested by The Honorable Richard W. Riley, Governor.

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January 30, 1984

Opinion as to whether or not State employees have any “ownership or title” interest in funds which have accumulated in the “State Health Insurance Reserve Fund.”

Requested by: Mr. Scott R. Inkley, Jr., Director of Research, Ways and Means Committee

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November 15, 1983

Opinion on whether a coroner has the authority to order a blood-alcohol test for a driver of an automobile who, because of injuries suffered in an accident, is unable to take a breathalyzer test.

Requested by The Honorable Ken Formby, County Coroner, Bamberg.

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November 4, 1983

Opinion on the applicability of the South Carolina Freedom of Information Act to the disclosure of Supplementary Homicide Reports as well as the propriety of referring inquirers to the local law enforcement agencies for the same information.

Requested by Lieutenant Jerry Hamby, South Carolina Law Enforcement Division.

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October 10, 1983

Opinion as to what constitutes a ‘private or public source’ as utilized in Section 16-3-1190 of the Code of Laws of South Carolina (1976 as amended).

Requested by J. Robert Turnbull, Jr., Deputy Director, S.C. Crime Victim’s Compensation Fund.

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September 6, 1983

Opinion on applicability of Section 24-21-610, Code of Laws (1976), as amended (1981), to inmates presently surviving sentences in South Carolina.

Requested by Mr. J.P. Pratt, II, Executive Director, South Carolina Department of parole and Community Corrections.

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August 9, 1983

Opinion on where partial restitution is made both before a warrant is executed and after a warrant has been executed but prior to the case being tried.

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

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July 25, 1983

Opinion regarding discretion of Solicitor to place Magistrate Court Cases in Pre-Trial Intervention Program.

Requested by Mr. Morgan Martin, Deputy Solicitor, Fifteenth Judicial Circuit.

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March 15, 1983

Opinion regarding law enforcement officer or county coroner on (1) the authority, if any, of law enforcement officers requesting health care professionals to draw blood from an individual arrested for DUI for the purpose of obtaining a blood/alcohol sample; (2) the authority, if any, of the county coroner to make similar requests; (3) whether a physician, nurse or health care technician must extract a blood sample for blood/alcohol analysis if requested to do so by a law enforcement officer or coroner; and (4) what liability, if any, health care professionals might incur in drawing a blood sample at the request of a law enforcement officer or coroner.

Requested by The Honorable Virginia L. Crocker, Member, South Carolina House of Representatives.

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January 24, 1983

Opinion on whether or not the Parole Board has the authority to require an individual being placed on parole after service of the required portion of his sentence to pay restitution.

 Requested by Mr. J.P. Pratt, II, Executive Director, South Carolina Department of Parole and Community Corrections.

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October 27, 1982

Opinion concerning the proposed early release of inmates at the county detention center whose sentences end between 8:00 Friday and midnight the following Sunday to be released on the Friday at 8 o’clock p.m.

Requested by: Kenneth G. Goode, Esquire, Fairfield County Attorney

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September 17, 1981

Opinion on what course of action can be taken to collect an assessment imposed pursuant to the provisions of recent legislation bearing ratification number R148 upon a defendant who pleads guilty or is found guilty of an offense within the jurisdiction of the Court of General Sessions when such defendant refuses to pay the assessment.

Requested by The Honorable Caroline W. Mattos, Clerk of Court, Greenville County.

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July 30, 1981

Opinion concerning provisions of recent legislation, bearing ratification number R148, which establishes a community corrections plan for probationers and parolees.

Requested by The Honorable John R.T. Major, Clerk of Court, Columbia.

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December 31, 1980

Opinion on whether information regarding sexual assault victims could be obtained by interested citizens under the Freedom of Information Act.

Requested by The Honorable Joyce C. Hearn, Member, South Carolina House of Representatives.

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December 4, 1980

Opinion on whether or not an individual can be charged as an accessory to a felony given certain circumstances.

Requested by The Honorable Frank E. Barron, III, Richland County Coroner.

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September 10, 1980

Opinion on constitutionality of blood samples taken for blood/alcohol analysis from all drivers of motor vehicles involved in accidents in which a fatality occurs.

Requested by Mr. Lee M. Thomas, Director, Alcohol Subcommittee of the Governor’s Committee on Highway Safety.

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May 16, 1980

Opinion on USC faculty reinstatement orders.

Requested by Paul Jerald Ward, Esquire, University Legal Counsel, University of South Carolina.

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March 18, 1980

Opinion on whether a collection agency may serve as the affiant on an arrest warrant.

Requested by The Honorable Allen F. Sloan, Blythewood Magistrate.

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February 11, 1980

Opinion on effect of the First and Fourteenth Amendments to the United States Constitution have upon the provisions of S.C. Code, § 14–21–30 (1976), which would impose contempt sanctions upon publication by news media of the name or picture of a juvenile who is the subject of a delinquency proceeding in the Family Court.

Requested by The Honorable T. Dewey Wise, Senator, Chairman, Joint Legislative Committee on Children.

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December 27, 1979

Opinion on student education.

Requested by Dr. W.B. Royster, Superintendent, Anderson County School District #5.

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October 18, 1979

Opinion on child abuse investigation.

Requested by Mr. Thomas H. Davis, Director, Richland County Department of Social Services.

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June 14, 1979

Opinion on definition of “fraternal organization.”

Requested by Reverend Howard G. McClain, Executive Minister, Christian Action Council.

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April 17, 1979

Opinion concerning proper venue of a possible fraudulent-breach-of-trust case.

Requested by the Honorable William W. Wilkins, Jr., Solicitor, Thirteenth Judicial Circuit, County Courthouse.

Read full opinion.

January 16, 1979

Opinion with respect to if a public hospital, such as Lexington County Hospital, should, or must, a hospital or its employees extract blood samples for blood alcohol analysis from a non-consenting defendant at the request of law enforcement officers or the coroner, and would the hospital or an employee of the hospital be civilly liable for the non-negligent extraction of a blood alcohol sample from a patient without his consent, if this were done at the request of a law enforcement officer or the coroner.

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

Read full opinion.

December 6, 1978

Opinion on magistrate, bail (Sections 17-15-10 and 22-5-510, 1976 Code of Laws of South Carolina).

Requested by Mr. Neal Forney, Assistant Director, South Carolina Court Administration.

Read full opinion.

September 29, 1978

Opinion on juvenile restitution programs.

Requested by Mr. Elmer C. Whitten, Jr., Grants and Contracts Review Unit, Office of the State Auditor.

Read full opinion.

August 24, 1978

Opinion on the South Carolina Private Detective Act

Requested by Sidney S. Riggs, III, Assistant Solicitor, Eleventh Judicial Circuit.

Read full opinion.

August 4, 1978

Opinion on the Good Samaritan Statute (Section 15-1-310, Code of Laws of South Carolina, 1976).

Requested by Joe E. Berry, Jr., Esquire, South Carolina Chapter of the American National Red Cross.

Read full opinion.

June 2, 1978

Opinion on the ability of the Board of Juvenile Placement and Aftercare to include restitution as a condition in a juvenile offender’s conditional release agreement.

Requested by Mr. Michael Grant LeFever, Deputy Director, S.C. Department of Juvenile Placement And Aftercare.

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December 8, 1977

Opinion on whether or an ambulance attendant is considered to be an emergency medical technician within the provisions of the Emergency Medical Services Act of South Carolina.

Requested by Mr. Henry L. Thompson, Oconee County Safety Officer.

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November 21, 1977

Opinion on whether or not a proposed public information system under consideration by the Greenville County Sheriff’s Office is in accord with the State’s Freedom of Information Act.

Requested by Mr. Robert E. Elmore, Jr., Executive Officer, Greenville County Sheriff’s Department.

Read full opinion.

November 14, 1977

Opinion on a petition to transfer a case transferring cases from family court to the court of general sessions involving a criminal sexual conduct by a child in the 1st, 2nd and/or 3rd degree.

Requested by Mr. Steven A. Zobel, Intake Supervisor, Charleston County Division of Court Services.

Read full opinion.

October 26, 1977

Opinion on whether or not a principal, teacher, or school aide, can administer a pre-measured injection of a hormone from an insect sting kit where the school has been requested to take such action under the written directions of a physician and is provided with the written consent of the parents.

Requested by W.C. Hawkins, District Superintendent, Lexington County School District No. 5.

Read full opinion.

October 19, 1977

Opinion on the constitutionality of Act No. 157, Statutes at large of South Carolina, 1977, relating to exclusion of evidence in a rape trial.

Requested by The Honorable Joyce C. Hearn, Member, South Carolina House of Representatives.

Read full opinion.

August 26, 1977

Opinion on whether or not it is proper for a private bonding company to place a defendant back in police custody and thereby be discharged of its obligations when the defendant has not violated any of the conditions of the bond.

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

Read full opinion.

March 7, 1977

Opinion on whether a volunteer rescue squad is covered under the Good Samaritan Act and enclosing prior opinion on the subject.

Requested by Mr. Donald E. Smith, Jr., Clifton.

Read full opinion.

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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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