South Carolina H 5059: Catawba Nation Police Department

Bill Text

2025-2026 Bill 5059 Text of Previous Version (Jan. 29, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5059

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 CHAPTER 
53 TO TITLE 23 SO AS TO RECOGNIZE THE CATAWBA NATION POLICE DEPARTMENT AS AN 
OFFICIAL LAW ENFORCEMENT AGENCY IN THIS STATE, TO AFFIRM CURRENT POWERS AND 
DUTIES OF THE DEPARTMENT, TO PROVIDE QUALIFICATIONS FOR OFFICERS OF THE 
DEPARTMENT, AND TO AUTHORIZE THE DEPARTMENT TO ENTER INTO MUTUAL AID AGREEMENTS 
WITH OTHER LAW ENFORCEMENT AGENCIES. 

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

SECTION 1. Title 23 of the S.C. Code is amended by adding:

CHAPTER 53

Catawba Nation Police Department

 Section 
23-53-10. The General Assembly finds:

 (1) 
The Catawba Indian Nation, pursuant to its inherent sovereignty and with the 
agreement of the State, pursuant to Section 27-16-70(C), has established the 
Catawba Nation Police Department to enforce law on Catawba lands. The Catawba 
Nation Police Department operates under the inherent sovereignty of the Catawba 
Nation. While on duty Catawba police officers wear distinctive uniforms bearing 
the seal of the Catawba Indian Nation.

 (2) 
The Catawba Nation Police Department's territorial jurisdiction is currently 
limited to Catawba lands. Within Catawba lands, they have jurisdiction to 
enforce Catawba Indian Nation Tribal laws and federal and state criminal laws. 
The enforcement of state law on Catawba lands by Catawba police officers is 
concurrent and does not diminish the primary authority or jurisdiction of the 
Catawba Nation to enforce its own tribal laws.

 (3) 
Catawba police officers are required to undergo and pass the same course of 
training required of sheriff's deputies in the State and take an oath of office 
prescribed by the law of the Catawba Indian Nation.

 (4) 
Catawba police officers are peace officers. While in the performance of their 
duties, they have all the powers of municipal and county police officers to 
make arrests for both felonies and misdemeanors and possess all of the common 
law and statutory powers, privileges, and immunities of police officers. The 
duties of Catawba police officers include, but are not limited to:

 (a) 
enforcement of laws prohibiting unlawful conduct on Catawba lands, and 
protecting all persons and property located there from injury, harm, and damage; 
and

 (b) 
enforcing and assisting officials of the Catawba Indian Nation in the 
enforcement of the tribal law, the laws of the State, county and municipal 
ordinances, and assisting and cooperating with other law enforcement agencies 
and officers.

 (5) 
The Catawba Indian Nation has established a system of ranks and grades within 
the Catawba Nation Police Department and a promotion policy to ensure efficient 
operation of the department and the establishment of responsibility in it.

 Section 
23-53-20. As used in this chapter:

 (1) 
"Catawba Indian Nation," "Catawba Indian Tribe," "Catawba Nation," "Nation," or 
"Tribe," means the Catawba Indian Nation as constituted in aboriginal times that 
was party to the Treaty of Pine Tree Hill in 1760 as confirmed by the Treaty of 
Augusta in 1763, that was also party to the Treaty of Nation Ford in 1840, and 
is a federally recognized tribe that continues to exercise its inherent 
sovereignty.

 (2) 
"Catawba lands" means all lands held in trust by the United States for the 
benefit of the Catawba Indian Nation and lands held in fee simple by the 
Catawba Indian Nation.

 (3) 
"Catawba Nation Police Department" means the tribal law enforcement agency 
established by the Catawba Indian Nation, under its own inherent sovereignty 
and pursuant to its status as a federally recognized Indian tribe with 
jurisdiction over its lands and citizens, to provide policing and public safety 
services on Catawba lands.

 (4) 
"Catawba police officer" means a sworn officer employed by the Catawba Nation 
Police Department whose duties include enforcement, as relevant, of Catawba 
Indian Nation Tribal laws, state and federal criminal laws, protection of life 
and property, preservation of public order, and prevention, detection, or 
investigation of crime. It does not include personnel of private security 
companies.

 Section 
23-53-30. (A) It is recognized that 
Catawba police officers have the power to arrest persons outside Catawba lands 
when the person arrested has committed a criminal offense within Catawba lands, 
and the arrest is made during the person's immediate and continuous flight from 
that territory.

 (B) In 
addition to any other powers they may have, Catawba police officers operating 
outside of Catawba lands shall have the powers specified by any mutual aid, 
cross deputization, or intergovernment