South Carolina Code of Regulations Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION
South Carolina Code of Regulations Chapter 73 is dedicated to the South Carolina Law Enforcement Division (SLED). SLED is the state's premier investigative law enforcement agency, providing critical support and services to other law enforcement entities and conducting investigations on behalf of the state as directed by the Governor and Attorney General.
Chapter 73 contains the administrative regulations that govern many of SLED's diverse responsibilities and operations. These regulations give practical effect to the statutory authority granted to SLED by the South Carolina Code of Laws.
Here's a breakdown of the key areas typically covered in Chapter 73:
Article 1: Implied Consent Test (§ 73-1 to 73-5)
This section details the procedures for chemical analyses (like breath tests) to determine alcohol concentration, approval methods, certification of breath-testing devices, and the certification of breath test operators. It also covers rules for videotaping at breath-test sites. These regulations are crucial for DUI enforcement.
Article 2: Accident Fatalities - Blood Samples (§ 73-10)
Regulations concerning the procedures for obtaining and handling blood and urine samples from persons arrested for DUI in cases involving accident fatalities.
Article 3: Criminal Information and Communication (Subarticles I and II)
This is a significant area covering SLED's role in managing criminal history record information.
Dissemination of Criminal History Record Information: Rules for how SLED's Criminal Justice Information System (CJIS) collects, stores, retrieves, and disseminates criminal history data to bona fide criminal justice agencies and, under certain conditions, to private persons and other entities. It outlines identification requirements, costs, and methods of payment for criminal record searches.
Statewide Criminal Gang Database (SCGD): Regulations concerning the maintenance, use, and access to the SCGD, including criteria for access by law enforcement agencies, criteria for entry of information, and penalties for misuse. SLED is responsible for ensuring compliance and auditing participating agencies.
Article 5: Unlawful Weapons (§ 73-60 to 73-61)
Specific regulations related to unlawful weapons, though this might be a more limited section compared to others.
Article 6: Uniform Procedures for Handling of Controlled Substances (§ 73-70 to 73-150)
These regulations establish standardized procedures for law enforcement agencies across the state for the handling, storage, and disposal of controlled substances, ensuring chain of custody and proper evidence management.
Article 7: Sex Offender Registry (§ 73-200 to 73-270)
Regulations detailing the administration and operation of the South Carolina Sex Offender Registry, including registration requirements, updates, and public access to information.
Article 8: Concealable Weapons Permit (§ 73-300 to 73-340)
Regulations governing the application, issuance, renewal, suspension, and revocation of Concealed Weapons Permits (CWP) in South Carolina, including eligibility requirements and training standards.
Article 9: Private Security and Private Investigation Businesses (§ 73-400 to 73-560)
This is a comprehensive set of regulations for the private security and private investigation industries. It covers:
Licensing and Registration: Requirements for businesses and individuals (principals and employees) to be licensed as private security or private investigation entities.
Character and Background Standards: Criteria for suitability, including criminal background checks.
Training Requirements: Specific training for private security officers and continuing education for private investigators, including certified training officers.
Operational Rules: Regulations on vehicle markings, display of blue lights, use of uniform traffic summons tickets, arrest reporting, transportation of prisoners, and cooperation with law enforcement.
SLED's Responsibilities: Details SLED's oversight role, including investigating violations, setting standards, and providing training.
In summary, South Carolina Code of Regulations Chapter 73 provides the administrative rules that enable SLED to carry out its broad mandate in various critical areas of law enforcement, from forensic testing and criminal intelligence to licensing private security and managing statewide registries, all aimed at protecting public safety and supporting law enforcement efforts across South Carolina.
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