South Carolina Code of Laws
Chapter 17 - Habeas Corpus
Section 17-17-170. Penalty for officers neglecting their duty.

Every person whatsoever to whom any power is given, either judicial or ministerial, by this chapter which, by virtue hereof, he is required and commanded to exercise who shall wilfully neglect, refuse or omit to exercise the power when such exercise shall be legally requested and demanded, according to the directions herein, and when the person so requesting and demanding such exercise is legally entitled so to request or demand by the provisions of this chapter, for each such offense shall forfeit the sum of five hundred dollars and shall be thereafter incapable of holding or executing his office.
HISTORY: 1962 Code Section 17-366; 1952 Code Section 17-366; 1942 Code Section 1061; 1932 Code Section 1061; Cr. P. '22 Section 148; Cr. C. '12 Section 130; Cr. C. '02 Section 103; G. S. 2336; R. S. 103; 1679 (1) 119; 1712 (2) 400.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 17 - Criminal Procedures

Chapter 17 - Habeas Corpus

Section 17-17-10. Persons entitled to writ of habeas corpus.

Section 17-17-20. Forfeiture of entitlement in certain cases.

Section 17-17-30. Authority of judges to grant writs of habeas corpus.

Section 17-17-40. Authority of any two magistrates to grant writs of habeas corpus.

Section 17-17-50. Persons to whom writ shall be directed.

Section 17-17-60. Service of writ.

Section 17-17-70. Handling of prisoner after service of writ; payment of charges; return of writ.

Section 17-17-80. Time within which prisoners must be brought before court.

Section 17-17-90. Granting of writ during term of court.

Section 17-17-100. Transfer of matter for hearing to judge of court in county where prisoner was convicted.

Section 17-17-110. Granting of writ after adjournment.

Section 17-17-120. Discharge only after notice given to Attorney General, Circuit Solicitor, or attorney acting for State.

Section 17-17-130. Discharge of prisoner after hearing; recognizance in judge's discretion, appearance in the following term of court.

Section 17-17-140. Right to appeal from decision on writ.

Section 17-17-150. Person discharged shall not be rearrested or committed for same offense.

Section 17-17-160. Officers shall execute writ.

Section 17-17-170. Penalty for officers neglecting their duty.

Section 17-17-180. Recovery of penalties.

Section 17-17-190. Suspension of habeas corpus by Governor.

Section 17-17-200. Effect of suspension of writ.