South Carolina H 3590: Sexual misconduct with inmates or offenders

Bill Text

2025-2026 Bill 3590 Text of Previous Version (Dec. 12, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3590

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
7-11-17 SO AS TO PROVIDE THAT THE QUALIFICATIONS FOR ANY ELECTED OFFICE IN THIS 
STATE DO NOT INCLUDE ANY HIGHER EDUCATION REQUIREMENTS; BY AMENDING SECTION 14-23-1040, 
RELATING TO QUALIFICATIONS OF PROBATE JUDGES, SO AS TO MAKE CONFORMING CHANGES; 
BY AMENDING SECTION 23-11-110, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO 
MAKE CONFORMING CHANGES; AND BY REPEALING SECTION 59-3-10 RELATING TO THE 
APPOINTMENT, COMPENSATION, AND QUALIFICATIONS OF THE STATE SUPERINTENDENT OF 
EDUCATION.

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

SECTION 1. Article 1, Chapter 11, Title 7 of the S.C. Code is 
amended by adding:

 Section 7-11-17. A 
candidate for any elected office in this State is not required to complete any 
higher education requirements as a qualification to seek or hold office, and a 
candidate may not be denied access to the ballot on the basis the candidate did 
not attend or otherwise complete any higher education requirements.

SECTION 2. Section 14-23-1040 of the S.C. Code is amended to read:

 Section 
14-23-1040. No person is eligible to hold the office of judge of probate who 
is not at the time of his election a citizen of the United States and of this 
State, has not attained the age of twenty-one years upon his election, has not 
become a qualified elector of the county in which he is to be a judge, and has not received a four-year bachelor's degree from an 
accredited post-secondary institution or if he has received no degree he must 
have four years' experience as an employee in a probate judge's office in this 
State.

SECTION 3. Section 23-11-110 of the S.C. Code is amended to read:

 Section 
23-11-110. (A) All sheriffs and 
candidates for sheriff in this State must have the following qualifications:

 (1) 
be a citizen of the United States;

 (2) 
be a resident of the county in which he seeks the office of sheriff for at 
least one year immediately preceding the date of the election for sheriff;

 (3) 
be a registered voter;

 (4) 
have attained the age of at least twenty-one years prior to the date of his 
qualifying for election to the office;

 (5) 
have:

 (a) 
obtained a high school diploma, its recognized equivalent in educational 
training as established by the State Department of Education, and have at least 
five years experience as a Class 1 certified law enforcement officer; or

 (b) obtained a 
two-year associate degree and three years experience as a Class 1 certified law 
enforcement officer; or

 (c) obtained a 
four-year baccalaureate degree and one year experience as a Class 1 certified 
law enforcement officer; or

 (d)(b) served as a summary court judge for at least ten 
years.

 For purposes of this 
section, a "Class 1 certified law enforcement officer" is a person who has been 
issued a certificate as a Class 1 law enforcement officer by the South Carolina 
Law Enforcement Training Council. A sheriff holding office on the effective 
date of this section is not required to have obtained the necessary experience 
as a certified law enforcement officer in this State;

 (6) 
have not been convicted of or pled guilty to a violation of Section 56-1-460 or 
56-5-2930, or both, within the past ten years or a felony in this State or 
another state;

 (7) 
have not been convicted of or pled guilty to a felony or a crime of moral 
turpitude in this State or another state;

 (8) 
be fingerprinted and have the State Law Enforcement Division make a search of 
local, state, and federal fingerprint files for any criminal record. 
Fingerprints are to be taken under the direction of any law enforcement agency 
and must be made available to SLED no later than one hundred thirty days prior 
to the general election. The results of the records search are to be filed with 
the county executive committee of the person's political party. A person 
seeking nomination by petition must file the records search with the county 
election commission in the county of his residence; and

 (9) 
be eligible to be issued a certificate as a Class 1 law enforcement officer by 
the South Carolina Law Enforcement Training Council upon the commencement of 
the term of office. A sheriff holding office on the effective date of this 
section is exempt from the provisions in this item.

 (B)(1) A person offering his candidacy 
for the office of sheriff, shall file a sworn affidavit, no later than the 
close of filing, with the county executive committee of the person's political 
party. The county executive committee of any political party with whom a 
person has filed his affidavit must file a copy o