For the purpose of this chapter:
(a) "Authorized agencies" means:
(1) the State Fire Marshal when authorized or charged with the investigation of fires at the place where the fire actually took place;
(2) the Chief of the State Law Enforcement Division;
(3) the South Carolina Attorney General;
(4) the solicitor responsible for prosecution in the county where the fire occurred; and
(5) the United States Department of Justice and its Federal Bureau of Investigation.
(6) the Fire Chief, Sheriff, or Chief of Police having jurisdiction over the arson investigation.
(b) "Relevant" means having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence.
(c) Material will be "deemed important" if such material is requested by an authorized agency.
(d) "Action" shall include affirmative acts and the failure to take action.
(e) "Immune" means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this chapter unless actual malice on the part of the insurance company or authorized agency against the insured or gross negligence or reckless disregard for his rights is present.
HISTORY: 1984 Act No. 436, Section 1; 1992 Act No. 454, Section 2; 2009 Act No. 30, Section 1, eff June 2, 2009.
Effect of Amendment
The 2009 amendment added subparagraph (a)(6) relating to public safety officials authorized to receive information from an insurance company.