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LRAW Research Fall 2024

Pocket Parts and Supplements

 

South Carolina Code Annotated

The legislature is constantly passing acts that create or amend South Carolina's statutes which, in turn, requires a system for updating the published material to keep it current. Each hardbound volume of the South Carolina Code Annotated is updated annually by either a supplement inserted in the back of the book called a pocket part or a separate softbound supplement shelved next to the hardbound volume. 


Pocket Part and Softbound Supplement for volumes of the South Carolina Code Annotated.

 

 


 

Supplements include any amendments or repeals of statutes as well as additional research materials and cases decided since the hardbound volume was last revised. Supplements also contain new laws that do not yet appear in the hardbound volumes.

South Carolina Legislature's Website

Because supplements to the print South Carolina Code Annotated are published only once a year, the South Carolina General Assembly could amend or repeal a statute before a new supplement or hardbound volume is printed.

The unannotated South Carolina Code is updated on the South Carolina Legislature website about once a year, at the end of each legislative session. That means there could be a months-long delay between the time a statute is amended or repealed and the time that amendment or repeal is reflected in the South Carolina Code on the South Carolina Legislature website.

Like in print (as seen in SC Statutory History), the history line at the end of each statute on the South Carolina Legislature website states when the most recent change was made to that statute. For example, the Payment of Wages statute below from the South Carolina Legislature website tells you that the statute was last amended in 1990.

SECTION 41-10-50. Payment of wages due discharged employees. When an employer separates an employee from the payroll for any reason, the employer shall pay all wages due to the employee within forty-eight hours of the time of separation or the next regular payday which may not exceed thirty days. HISTORY: 1986 Act No. 380, Section 1, eff April 21, 1986; 1990 Act No. 463, Section 3, eff May 7, 1990.

However, if the General Assembly passed a law affecting this statute after the date that the South Carolina Code was last updated on South Carolina Legislature website, that most recent change will not appear on the website yet.

In order to check that there have not been any subsequent changes affecting a particular code section, you may use the South Carolina Legislature website to view a list of acts that have not yet been codified. 

Even though Westlaw and Lexis do not contain official versions of the South Carolina Code, they are likely to have more timely updates, with more recent acts already codified in them, compared to the official print version.

Citators: KeyCite® & Shepard's®

Citators track statutes for amendments or repeal and provide secondary sources and cases that cite each statute. KeyCite® is the citator for Westlaw. Shepard's® is the citator for Lexis.

Flags and Signals
Citators use flags and signals to notify researchers of pending or proposed legislation; that a statute has in fact been recently amended or repealed; or that there is negative treatment, such as a court has ruled a statute to be unconstitutional.

Westlaw
Westlaw's KeyCite uses yellow and red flags to alert you to pending or proposed legislation, amendments or repeals, or negative treatment by courts. Below are images of KeyCite flags indicating proposed legislation that could amend or repeal a statute (yellow); that enacted legislation has in fact amended a statute (red); and that a court has held a statute to be unconstitutional or preempted (red). 

Examples: Yellow Flag for Proposed Legislation, Red Flag for Enacted Legislation, Red Flag for Unconstitutional or Preempted

For example, the red flag in the Westlaw image below alerted researchers when the South Carolina  General Assembly passed an Act amending the law prohibiting persons convicted of domestic violence from possessing a firearm. The 2015 amendment re-wrote section 16-25-30 of the South Carolina Code Annotated.

South Carolina Code section 16-25-30, displaying a red flag for enacted legislation (amended by 2015 South Carolina Laws Act 58 (S.3) and a yellow flag for proposed legislation.

Lexis
Below are the Shepard's signals in Lexis for recent legislative changes (exclamation mark inside a red triangle), pending or proposed legislation (exclamation mark inside a yellow triangle), and negative citing decisions (exclamation mark inside a red circle):

red triangle with exclamation point: recent legislative changes; yellow triangle with exclamation point: pending legislation; circle with exclamation point: citing decisions

 

 

 

 

The image below of the same South Carolina firearm possession statute in Lexis includes a red triangle symbol next to Legislative Alert Service in the Shepard's® box.

 

South Carolina Code section 16-25-30, displaying a red triangle with exclamation point and a link to view acts affecting the statute.

Citators are used for two purposes:  
First, to update or ensure that the source of law you are researching is still good law. Second, to find other resources on the same topic to further your research.
 The videos below demonstrate how to do both:
 

Westlaw

 

State Statutes in Westlaw: Updating & Finding More Resources Using KeyCite

 

Lexis

 State Statutes in Lexis: Updating and Finding More Resources Using Shepard's