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The Attorney General must return the administrative subpoena with signature to SLED within forty-eight hours after the Attorney General authorizes the administrative subpoena, or by the next business day, if the time period falls on a weekend or holiday, whichever is later.(4) The good faith reliance by the Attorney General as to the information affirmed by SLED to obtain an administrative subpoena constitutes a complete defense to any civil, criminal, or administrative action arising out of the administrative subpoena.Creation, chief and personnel of South Carolina Law Enforcement Division.

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The cost of the national criminal history background check is established by the FBI and must be paid by the commission upon application for the national check. Notwithstanding any other provisions of law, all revenue from fees and licenses received by the State Law Enforcement Division related to enforcement and regulation of private detective and security companies (Section 40-17-160 of the 1976 Code), gun dealers (Section 16-23-10), gun permits (Section 17-5-110) and massage parlors (Section 40-29-160) shall be remitted to the State Treasurer as collected and credited to the general fund of the State. In consultation with the professional staff of the SC LEAP and the South Carolina Law Enforcement Chaplains' Association, the South Carolina Criminal Justice Academy shall develop a course of training for the critical incident stress debriefing and peer support team. (2) "SLED" means the South Carolina Law Enforcement Division.

(B) An officer of the court who is employed by SLED may issue an administrative subpoena to a financial institution, public or private utility, or communications provider for the production of subscriber or customer information as described in subsection (E), not including the contents of any communications, if: (1) SLED has reasonable cause to believe that the information is material to an active investigation of at least one of the following financial crimes: (a) breach of trust with fraudulent intent (Section 16-13-230); (b) obtaining a signature or property by false pretenses (Section 16-13-240); (c) financial identity fraud (Section 16-13-510 et seq); (d) financial transaction card or number theft (Section 16-14-20 et seq); (e) financial transaction card fraud (Section 16-14-60 et seq); (f) computer crimes (Section 16-16-10 et seq); or (g) crimes against a federally chartered or insured financial institution (Section 34-3-110); and (2) SLED is not otherwise able to obtain a warrant or subpoena for the information from a court due to: (a) the court not being able to issue a warrant or subpoena in a timely fashion and the immediate need to obtain the information; or (b) SLED having reasonable cause to believe that obtaining a warrant or subpoena from the court could result in the subscriber or customer, or an agent of the subscriber or customer, destroying, erasing, transferring, or otherwise changing the information in order to knowingly conceal evidence material to an investigation.

HISTORY: 1962 Code Section 53-17; 1974 (58) 2878; 1993 Act No. For this purpose, the chief may establish divisions within the department to carry out particular duties as assigned by the chief. All security personnel employed by the State, other than at correctional institutions shall be under the direct supervision of the South Carolina Law Enforcement Division. Recordation and classification of fingerprints taken in criminal investigations.

HISTORY: 1962 Code Section 53-4.1; 1966 (54) 2596; 1983 Act No. All sheriff's and police departments in South Carolina shall make available to the Criminal Justice Records Division of the State Law Enforcement Division for the purpose of recordation and classification all fingerprints taken in criminal investigations resulting in convictions.

These civil and criminal laws also include regulations and ordinances pertinent thereto.

The duties, functions, and powers of these law enforcement personnel are devolved upon the South Carolina Law Enforcement Division and the law enforcement personnel of this agency on the effective date of this section shall perform their duties and functions under the auspices of the division and shall become a part of the South Carolina Law Enforcement Division in the manner provided by law. Every officer and agent commissioned pursuant to this article shall file a bond, or be covered by a surety bond, of not less than two thousand dollars with the South Carolina Law Enforcement Division, subscribed by a licensed surety company, conditioned for the faithful performance of his duties, for the prompt and proper accounting of all funds coming into his hands, and for the payment of a judgment recovered against him in a court of competent jurisdiction upon a cause of action arising out of breach or abuse of official duty or power and for the payment of damages sustained by a member of the public from an unlawful act of the officer or agent.The State Law Enforcement Division shall pay for the costs of such program and prepare the necessary regulations and instructions for the implementation of this section. Acceptance of fingerprints of applicants for admission to bar; exchange of records with Board of Law Examiners. South Carolina Commission on National and Community Service; criminal background checks. 2540, or who otherwise volunteers or serves in a position supported, sponsored, or administered by the South Carolina Commission on National and Community Service (commission), must undergo a state criminal history background check, supported by fingerprints by the South Carolina Law Enforcement Division (SLED), and a national criminal history background check, supported by fingerprints by the Federal Bureau of Investigation (FBI), unless the commission determines that the background check requirement for that person has been satisfied through another process. South Carolina Law Enforcement Assistance Program to provide counseling services and other support services.The South Carolina Law Enforcement Division is authorized to accept fingerprints of applicants for admission to the South Carolina Bar and, to the extent provided for by federal law, to exchange state, multistate, and federal criminal history records with the South Carolina Board of Law Examiners for licensing purposes. A person seeking a covered position, as defined in 45 C. The results of these criminal history background checks must be reported to the commission. Notwithstanding any other provision of law, all revenue generated by the State Law Enforcement Division from the sale of vehicles, various equipment, and gasoline, and insurance claims during the prior fiscal year may be retained, carried forward, and expended for the purpose of purchasing like items. The South Carolina Law Enforcement Division shall administer the South Carolina Law Enforcement Assistance Program (SC LEAP). 46, Section 3, in the second sentence, inserted "as well as providing counseling services to law enforcement officers experiencing post-traumatic stress disorder and other trauma and stress-related disorders", and made nonsubstantive changes.SLED is authorized to retain the fingerprints for certification purposes and for notification of the commission regarding criminal charges. The purpose of this program includes, but is not limited to, responding to and providing counseling services to all requesting law enforcement agencies and departments in the State which have experienced deaths or other tragedies involving law enforcement officers or other employees as well as providing counseling services to law enforcement officers experiencing post-traumatic stress disorder and other trauma and stress-related disorders, and providing any other critical incident support services for all South Carolina law enforcement agencies and departments upon their request. Plain language communications requirements for local and state emergency, fire, and law enforcement agencies. Administrative subpoena to a financial institution, public or private utility, or communications provider; disclosure; privacy of information; regulations; applicable federal law.The cost of the state criminal history background check may not exceed eight dollars and must be paid by the commission upon application for the state check. Revenue from certain fees and licenses to be remitted to State Treasurer. Code Commissioner's Note At the direction of the Code Commissioner, the reference to Section 23-31-110 following "gun permits" was removed. The SC LEAP also may utilize local critical incident support service providers including, but not limited to, chaplains, mental health professionals, and law enforcement peers. Notwithstanding another provision of law, each local and state emergency, fire, and law enforcement agency shall either: (1) adopt plain language communications as outlined by the Department of Homeland Security as its agency's standard; or (2) implement and submit for review by the State Law Enforcement Division a plan for the use of plain language communication during periods of a declared emergency. (A) For purposes of this section: (1) "Attorney General" means the Attorney General of the State of South Carolina or the Attorney General's designee who is employed by the Attorney General and is an officer of the court.(A) In addition to those authorities and responsibilities set forth in this chapter, the South Carolina Law Enforcement Division shall have specific and exclusive jurisdiction and authority statewide, on behalf of the State, in matters including but not limited to the following functions and activities: (1) the investigation of organized criminal activities or combined state-federal interstate criminal activities, all general criminal investigations, arson investigation and emergency event management pertaining to explosive devices; (2) the maintenance and operation of a statewide comprehensive forensic sciences laboratory; (3) covert investigation of illegal activities pertaining to and the interdiction of narcotics and other illicit substances; (4) operation and maintenance of a central, statewide criminal justice data base and data communication system; (5) establishment and operation of highly specialized, tactical response law enforcement units within the division; (6) operation and regulation of state polygraph examination services; (7) law enforcement, regulation enforcement, and inspections under Title 61; (8) the coordination of counter terrorism efforts, including prevention against, preparation for, response to, and crisis management of acts of terrorism, in or affecting this State; coordination of federal grants associated with homeland security; creation of councils appropriate to its mission; and service as the Governor's representative to the United States Department of Homeland Security; and (9) other activities not inconsistent with the mission of the division or otherwise proscribed by law.

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