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 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.
(C)(1) An administrative subpoena must be made in writing upon oath or affirmation of the officer of the court who is employed by SLED.
The officer must sign the administrative subpoena affirming 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).
The officer may submit the administrative subpoena with signature to the Attorney General in person, by mail, by facsimile, or by other electronic means.
If the officer, after a good faith effort, is not able to submit the administrative subpoena with signature to the Attorney General in person, by mail, by facsimile, or by other electronic means, the officer may orally or electronically explain and affirm the administrative subpoena to the Attorney General.
(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 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.