South Carolina H 5492: Citizens' Arrest

Bill Text

South Carolina General Assembly

123rd Session, 2019-2020



H. 5492



STATUS INFORMATION



General Bill

Sponsors: Reps. Norrell, Cobb‑Hunter, Bernstein, Pendarvis, Garvin, S. Williams, Henegan and McDaniel

Document Path: l:\council\bills\bh\7283ahb20.docx

Companion/Similar bill(s): 1210



Introduced in the House on May 12, 2020

Currently residing in the House Committee on Judiciary



Summary: Citizens' Arrest





HISTORY OF LEGISLATIVE ACTIONS



	Date	Body	Action Description with journal page number	

	5/12/2020	House	Introduced and read first time

	5/12/2020	House	Referred to Committee on Judiciary



View the latest legislative information at the website





VERSIONS OF THIS BILL



5/12/2020





















A BILL



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



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



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



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

	(a)	has committed a felony;

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

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

	(d)	has in his possession stolen property; or

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



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

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