Attorney General Opinions Archives

The Honorable Jim Burnett Coroner, Spartanburg County

February 17, 2019February 15, 2019 by admin

In a letter to this Office you referenced a provision in recently-enacted legislation, R-356, which states: (c)opies of death certificates may be issued to members of the deceased's family or their respective legal representatives. Others who demonstrate a direct and tangible interest may be issued copies when information is needed for the determination of a personal or property right. Other applicants may be provided with a statement that the death occurred, the date, and county of death. However, when fifty years have elapsed after the date of death, these records become public records and any person may obtain copies upon submission of an application containing sufficient information to locate the record. You stated that the Book of Inquisition maintained by your office contains the same information provided on death certificates in addition to autopsy results, results of toxicological studies, and the cause of death. You questioned whether the Book of Inquisition remains open in light of the provision cited above which generally restricts the availability...

South Carolina Attotney General Re: Proposed “Sheriffs First” Legislation.

February 17, 2019August 11, 2017 by admin

The proposed legislation requires federal employees who would act in a county for the purpose of making federal arrests, searches or seizures, and who are not designated by South Carolina law as South Carolina peace officers, to first obtain ·written permission from the county sheriff or designee of the county sheriff in which the arrest, search or seizure will occur. The legislation also provides that the county sheriff or designee of the county sheriff "may refuse permission for any reason that the sheriff or designee considers sufficient." An exception exists when the arrest, search or seizure will take place on a federal enclave for which jurisdiction has been ceded to the United States by a South Carolina statute. A federal employee may also obtain written permission from the South Carolina Attorney General, who also "may refuse the permission for any reason that the attorney general considers sufficient." The legislation sets forth information which must be included in the request for written permission, including the name of...

The State Of South Carolina Office Of The Attorney General

February 13, 2019August 10, 2017 by admin

Dear Coroner Watts:

You seek an opinion regarding a new statute recently enacted, S. C. Code Ann. Sec. 17-5-53 5. This new law makes autopsy photographs or videos confidential and provides criminal penalties for violation thereof. Both you, as well as the Coroners' Association, "agree with keeping videos and photographs out of the hands of the general public." However, you also are of the opinion that "photographs and/or videos are an intricate part of our continuing education and are often used in training sessions and seminars." You request "a written ... opinion that clears us to use photographs and/or videos in appropriate training circumstances."