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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.
(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.
(B) No other state agency or department having personnel who are commissioned law enforcement officers may engage in any of the activities herein set forth without the express permission of the Chief of the South Carolina Law Enforcement Division.
The division must be headed by a chief appointed by the Governor with the advice and consent of the Senate and shall hold office until his successor is appointed and qualified. On the effective date of the provisions of this section providing for a six-year term for the chief, a successor to the chief serving on this date must be appointed as provided herein.
Nothing herein prevents the chief serving on this date from being reappointed to additional six-year terms.
The agents and officers of the division must be commissioned by the Governor upon the recommendation of the chief.
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.
The agents and officers shall have that rank or title as may be provided under the State Employees Classification System.
The chief may appoint other personnel considered necessary and as provided for in the annual appropriations act.
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(D)(1) The Attorney General must authorize an officer of the court who is employed by SLED to issue an administrative subpoena to a financial institution, public or private utility, or communications provider if, after review, the Attorney General determines that SLED has reasonable cause to believe that the information is material to an active investigation of at least one of the financial crimes listed in subsection (B)(1), and that SLED is not otherwise able to obtain a warrant or subpoena for the information from a court due to one of the reasons listed in subsection (B)(2).