Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 2 of the 1976 Code is amended by adding:
Section 2-4-10. (A)
In order to provide adequate police
protection for the State House, the capitol grounds, and all
employees and visitors thereto, there is established the
'Capitol Police Force'.
(B) The Capitol Police
Force consists of the:
(1)
Capitol Police Force, as described in this chapter;
(2)
Sergeant at Arms of the Senate, as described in Chapter 3,
Title 2; and
(3)
Sergeant at Arms of the House of Representatives, as
described in Chapter 3, Title 2.
Section 2-4-20. The functions, powers, duties, responsibilities, and authority exercised by the Department of Public Safety and the Bureau of Protective Services at the State House and capitol grounds, in all state buildings and parking lots and garages on or around the capitol grounds, as defined in Section 10-11-310, including all classified and unclassified positions currently held by Department of Public Safety and the Bureau of Protective Services employees whose duties involve providing security services at these locations, and all real and personal property and equipment used in the provision of these security services, are transferred to and devolved upon the Capitol Police Force. This transfer excludes those powers, duties, responsibilities, and authority related to the provision of security for the Governor, the Governor's staff, and that part of the State House reserved for the executive chamber and the offices of the Governor's staff.
Section 2-4-30. (A)
The Capitol Police Force consists of
the:
(1)
Chief of the Capitol Police Force and those deputy
officers and other employees as he may employ pursuant to this
chapter;
(2)
Sergeant at Arms of the Senate and those deputy officers
and other employees as provided in Chapter 3, Title 2; and
(3)
Sergeant at Arms of the House of Representatives and those
deputy officers and other employees as provided in Chapter 3,
Title 2.
(B) The Sergeant at
Arms of the Senate and the Sergeant at Arms of the House of
Representatives, and their deputy officers shall have exclusive
care and charge over those areas of the State House described in
Section 2-3-100, and shall have primary care and charge over
those buildings on the capitol grounds where their respective
members' offices and committee meeting rooms are located, and
shall have primary responsibility for providing security
services for their respective members attending public meetings
located outside the State House and the capitol grounds. At
public meetings attended by their respective members, the
Sergeant at Arms of the Senate and the Sergeant at Arms of the
House of Representatives, and their deputy officers may be
assisted by local law enforcement.
Section 2-4-40. (A)
There is established a committee to be known
as the 'Capitol Police Force Committee', consisting of the
Sergeant at Arms of the Senate and the Sergeant at Arms of the
House of Representatives. The Director of General Services
shall serve as a nonvoting member of the committee.
(B) The Capitol Police
Force Committee shall:
(1)
appoint a Chief of the Capitol Police Force who shall
serve at the pleasure of the committee and may be removed from
office by the committee at its discretion;
(2)
promulgate regulations pertaining to its areas of
responsibility;
(3)
establish the salaries of the chief, deputy officers or
other police officers, and all employees of the Capitol Police
Force, subject to appropriations being provided in the general
appropriations act; and
(4)
adopt reasonable employment policies and practices for
employees of the Capitol Police Force who shall be considered
covered by the provisions of Article 3, Chapter 17, Title 8.
Section 2-4-50. The
Chief of the Capitol Police Force shall:
(1)
adopt rules and policies necessary to organize and provide
for the operation of the Capitol Police Force, subject to review
and approval by the Capitol Police Force Committee;
(2)
employ those deputy officers and other employees as
necessary to carry out the provisions of this chapter; and
(3)
apply for and accept, with the approval of the Capitol
Police Force Committee, any grants or other available forms of
revenue, both public and private, that will assist in funding
the provision of security services on the capitol grounds.
Section 2-4-60. (A)
The Chief of the Capitol Police Force, the
Sergeant at Arms of the Senate, the Sergeant at Arms of the
House of Representatives, and their deputy officers have the
same arrest power and power to serve criminal processes against
offenders as officers of the South Carolina Law Enforcement
Division and the same power as officers to arrest without
warrants and to detain persons found violating or attempting to
violate any laws of the State. The Chief of the Capitol Police
Force, the Sergeant at Arms of the Senate, the Sergeant at Arms
of the House of Representatives, and their deputy officers also
have the same power and authority held by officers of the South
Carolina Law Enforcement Division for the enforcement of the
criminal laws of the State.
(B) The Chief of the
Capitol Police Force is authorized to enter into written
agreements between other law enforcement jurisdictions for the
purpose of criminal investigations pursuant to Section
23-1-215.
(C) The Chief of the
Capitol Police Force is required to furnish evidence to the
Capitol Police Force Committee that he is knowledgeable as to
the duties and responsibilities of a law enforcement officer or
is required to undergo training in this field as is required of
officers of the South Carolina Law Enforcement Division. All
deputy officers are required to furnish evidence to the Chief of
the Capitol Police Force that they are knowledgeable as to the
duties and responsibilities of a law enforcement officer or are
required to undergo training in this field as is required of
officers of the South Carolina Law Enforcement Division.
(D) The Chief of the
South Carolina Law Enforcement Division, or his designee, shall
provide annual training to the Chief of the Capitol Police
Force, the Sergeant at Arms of the Senate, the Sergeant at Arms
of the House of Representatives, and their deputy officers.
(E) The Chief of the
Capitol Police Force shall request assistance in providing
security services at the State House and capitol grounds for
special events and at any time when, in the discretion of the
Chief of the Capitol Police Force, it is required. The Director
of the Department of Public Safety, the Chief of the South
Carolina Law Enforcement Division, the Chief of the City of
Columbia Police, and any other law enforcement agency, shall
provide assistance when requested by the Chief of the Capitol
Police.
(F) The Chief of the
Capitol Police force shall coordinate criminal investigations
conducted on the capitol grounds with the South Carolina Law
Enforcement Division, and shall request its assistance with
criminal investigations, when, in the discretion of the Chief of
the Capitol Police Force, it is appropriate. The Chief of the
South Carolina Law Enforcement Division shall provide assistance
in criminal investigations when requested by the Chief of the
Capitol Police Force.
Section 2-4-70. (A)
The Chief of the Capitol Police Force, the
Sergeant at Arms of the Senate, the Sergeant at Arms of the
House of Representatives, and their deputy officers shall:
(1)
protect persons and property at the State House and
capitol grounds, in all state buildings, parking lots and
garages on or around the capitol grounds, as defined in Section
10-11-310;
(2)
preserve and maintain proper order and decorum;
(3)
prevent unlawful assemblies and disorderly conduct;
(4)
enforce the laws pertaining to trespass and other offenses
provided for in Chapter 11, Title 10;
(5)
provide security services for all persons and property
involved in the operation and parking of motor vehicles in state
parking lots and garages on or around the capitol grounds;
and
(6)
enforce the laws of the State of South Carolina and
arrest, with or without warrant, a person upon or in the areas
described in this section who is or is reasonably believed to be
committing an offense against any laws of the State of South
Carolina, and to deliver the person to any court of competent
jurisdiction to be dealt with according to the law.
(B) The Chief of the
Capitol Police Force and his deputy officers have primary care
and charge over those areas of the State House and the capitol
grounds not reserved to the Sergeant at Arms of the Senate, and
the Sergeant at Arms of the House of Representatives, pursuant
to Section 2-4-30. Additionally, the Chief of the Capitol
Police Force and his deputy officers shall have authority to
patrol and respond to security or law enforcement-related
matters in any area located within a one block radius beyond the
capitol grounds, as defined in Section 2-4-80.
Section 2-4-80. For purposes of this section, 'capitol grounds' means that area inward from the vehicular traveled surfaces of Gervais, Sumter, Pendleton, and Assembly streets in the City of Columbia."
SECTION 2. Section 10-1-30 of the 1976 Code is amended to read:
"Section 10-1-30.
(A) The Director of the
Division of General Services of the State Budget and Control
Board may authorize the use of the State House
lobbies, in accordance with applicable laws,
and policies adopted by the Capitol Police Force Committee.
Additionally, the Director of the Division of General Services
may authorize the use of the State House steps and grounds,
and other public buildings and grounds in accordance with
regulations promulgated by the board
applicable provisions of law, and policies adopted by the
Capitol Police Force Committee.
(B) The director
shall obtain the approval of the Clerk of the Senate before
authorizing any use of the Gressette Building and shall obtain
the approval of the Clerk of the House of Representatives before
authorizing any use of the Blatt Building.
(C) The
regulations must contain provisions to insure that the public
health, safety, and welfare will be protected in the use of the
areas including reasonable time, place, and manner restrictions
and application periods before use. If sufficient measures
cannot be taken to protect the public health, safety, and
welfare, the director shall deny the requested use. Other
restrictions may be imposed on the use of the areas as are
necessary for the conduct of business in those areas and the
maintenance of the dignity, decorum, and aesthetics of the
areas.
(D) The
Capitol Police Force shall provide security services for all
uses of the State House lobbies, State House steps and grounds,
and all public buildings and grounds on the capitol grounds,
except as limited by Section 2-4-20. The director shall consult
with the Chief of the Capitol Police Force regarding security
issues before authorizing the use of or the placement of
restrictions on the use of the State House lobbies, steps,
grounds, or public buildings and grounds on the capitol
grounds."
SECTION 3. Chapter 11, Title 10 of the 1976 Code is amended to read:
Section 10-11-10. It
shall be is unlawful for
any a person, without the permission of
the State Budget and Control Board or a member of that board, to
enter upon or walk upon the roof of the State House.
Any A person violating the provisions of
this section, upon conviction, shall
must be punished by a fine of
fined not more than one hundred dollars or imprisoned for
not more than thirty days on the public works of
Richland County for each offense.
Section 10-11-20. It
shall be is unlawful to use the State
House or capitol grounds for any purpose not authorized
by law. Any A violation of the
provisions of this section shall be is
punishable by imprisonment for a period not exceeding thirty
days or by a fine of not over one hundred dollars.
Section 10-11-30. It
shall be is unlawful for
any a person to trespass upon the grass
plots or flower beds of the capitol grounds of the State
House or of the Governor's mansion, or of the grounds
surrounding any of the state office buildings located in the
area bounded by Assembly, Gervais, Bull, and Pendleton Streets
in the City of Columbia, to damage or deface any of the
buildings, or to cut down, deface, mutilate, or otherwise
injure any of the statues, trees, shrubs, grasses, or
flowers on the grounds or commit any other trespass upon any
property of the State, real or personal, located
thereon on them.
Section 10-11-40. It
shall be is unlawful for
any a person, except state officers and
employees and persons having lawful business in the
buildings on the capitol grounds, to use any of the
driveways, alleys, or parking spaces upon any of the property of
the State, bounded by Assembly, Gervais, Bull and
Pendleton Streets in the city of Columbia within the
capitol grounds, upon any regular weekday, Saturdays and
holidays excepted, between the hours of eight-thirty a.m. and
five-thirty p.m., whenever the buildings are open for business.
Section 10-11-50. It
shall be is unlawful for
anyone a person to park
any a vehicle on any of the property
described in Section 10-11-40 and subsection (2)
of Section 10-11-80(B) except in the spaces and
manner now marked and designated or that may be hereafter
be marked and designated by the State Budget
and Control Board, in cooperation with the Department of
Transportation and the Capitol Police Force, or to block
or impede traffic through the alleys and driveways.
Section 10-11-60. It
shall be is unlawful to operate a motor
vehicle on any of the property described in Section 10-11-40 and
subsection (2) of Section 10-11-80(B) at
a speed in excess of ten miles per hour. All of the state laws
regulating traffic upon the highways and streets shall apply to
the operation of motor vehicles within the area, except as
modified hereby in this article.
Section 10-11-70. All
of the general criminal laws of the State are
hereby declared to be in full force and effect
within the area described in Sections 10-11-30 and 10-11-40 and
subsection (2) of Section 10-11-80(B).
Section 10-11-80.
(1)(A)
Except as provided in subsection (B), parking lots
which are situated on the property of the State shall
be are reserved for the employees of the State.
The parking lots referred to by this section
shall must be policed by the Department
of Public Safety and no person not authorized by this section
shall be is allowed to occupy
such these parking lots. Parking lots
referred to in this section are confined to those located in the
City of Columbia.
(2)
(B) The parking lot located
on the corner of Main and Senate Streets shall be reserved
exclusively for members of the General Assembly, the clerks,
chaplains, sergeants at arms, reading clerks of both houses and
the Code Commissioner during such time as the legislature is in
session, after which it shall be reserved as other state parking
lots. lots located upon, around, or under any of the
property of the State bounded by Assembly, Gervais, Sumter, and
Pendleton streets in the City of Columbia must be policed by the
Capitol Police Force, and no unauthorized person is allowed to
occupy these parking lots. The use of this
lot these lots by an unauthorized
persons shall constitute person
constitutes a misdemeanor, punishable as provided for in
Section 10-11-120.
Section 10-11-90.
The watchmen and policemen employed by the Budget
and Control Board for the protection of the property described
in Sections 10-11-30 and 10-11-40 and subsection (2) of Section
10-11-80 are hereby vested with all of the powers, privileges
and immunities of constables while on this area or in fresh
pursuit of those violating the law in this area, provided that
such watchmen and policemen take and file the oath required of
peace officers, execute and file bond in the form required of
State constables, in the amount of one thousand dollars, with
the Budget and Control Board, and be duly commissioned by the
Governor. Reserved.
Section 10-11-100.
In addition to the enforcement of Sections
10-11-30 to 10-11-70 and subsection (2) of Section 10-11-80 by
the watchmen mentioned in Section 10-11-90, All lawful
highway patrolmen and police officers of the City of Columbia
may enforce the criminal laws of this State and the provisions
of such these sections and
subsection within the area described in Sections
10-11-30 and 10-11-40 and subsection
(2) of Section 10-11-80(B).
Section 10-11-110. In
connection with traffic and parking violations only, the
watchmen and policemen referred to in Section 10-11-90
the Capitol Police Force, state highway patrolmen,
and policemen of the City of Columbia shall have the right to
issue and use parking tickets of the type used by the City of
Columbia, with such changes as are necessitated
hereby by this article, to be prepared
and furnished by the State Budget and Control Board, upon
the issuance of which the procedures shall
must be followed as prevail in connection with the use of
parking tickets by the City of Columbia. Nothing herein
shall restrict in this article restricts the
application and use of regular arrest warrants.
Section 10-11-120. The
violation of any of the provisions of Sections 10-11-40 to
10-11-60 and subsection (2) of Section
10-11-80(B) shall constitute
constitutes a misdemeanor and, upon conviction
thereof, the offender shall
must be punished by a fine of
fined not more than one hundred dollars or
imprisonment for imprisoned not more
than thirty days. The penalties for violation of any of the
other criminal laws of the State shall be
are as provided for by law.
Section 10-11-130. The
recorder of the City of Columbia and
the magistrate of the Columbia district are hereby
separately municipal judges and the Richland County
magistrates are vested with all jurisdiction necessary to
hear, try, and determine criminal cases involving any
violations of Sections 10-11-30 to 10-11-120 where the
punishment does not exceed a fine of one hundred dollars
or imprisonment of thirty days the jurisdictional
limits of municipal court or magistrates court.
Section 10-11-140.
Nothing contained in this article shall
may be construed to abridge the authority of the State
Budget and Control Board to grant permission to use the State
House grounds for educational, electrical decorations,
and similar purposes.
Section 10-11-150.
In order to preserve public safety and
provide appropriate staging space in the areas adjacent to the
Capitol complex during the period of the State House Renovation
Project, notwithstanding any provision of law or ordinance to
the contrary, the Department of Transportation is empowered and
directed to take appropriate steps regarding traffic routing and
flow and pedestrian access in the area around the Capitol
Complex as directed by the committee established by Section 2 of
an act of 1995 bearing ratification no. 62.
Section 10-11-310. As
used in this article, 'capitol grounds' shall
be is that area inward from the vehicular
traveled surfaces of Gervais, Sumter, Senate
Pendleton, and Assembly streets in the City of Columbia.
Section 10-11-315. It
is unlawful for a person to wilfully and maliciously deface,
vandalize, damage, or destroy or attempt to deface, vandalize,
damage, or destroy any monument, flag, flag support, memorial,
fence, or structure located on the capitol grounds, and a
person convicted of a violation of this section
shall must be punished pursuant to the
provisions of Section 10-11-360.
Section 10-11-320. (A)
It is unlawful for any
a person or group of persons to:
(1)
carry or have readily accessible to the person upon the
capitol grounds or within the capitol building any firearm or
dangerous weapon; or
(2)
discharge any firearm or to use any dangerous weapon upon
the capitol grounds or within the capitol
building State House.
(B) This section does
not apply to a person who possesses a concealable weapons'
permit pursuant to Article 4, Chapter 31, Title 23 and is
authorized to park on the capitol grounds or in the parking
garage below the capitol grounds. The firearm must remain
locked in the person's vehicle while on or below the capitol
grounds and must be stored in a place in the vehicle that is not
readily accessible to any person upon entry to or below the
capitol grounds, except for those persons named in Section
23-31-240 who may carry concealable weapons anywhere within the
State when carrying out the duties of their office, if they
possess a valid permit.
Section 10-11-325. (A)
It is unlawful for a person knowingly to
possess, have readily accessible to the person, or transport by
any means upon the capitol grounds or within the capitol
building State House any explosive, destructive
device, or incendiary device. A person who violates this
subsection is guilty of a felony and, upon conviction, must be
imprisoned for not less than two years nor more than fifteen
years.
(B) It is unlawful for
a person intentionally to detonate an explosive or destructive
device or ignite any incendiary device upon the capitol grounds
or within the capitol building State
House. A person who violates this subsection is guilty of a
felony and, upon conviction:
(1)
in cases resulting in the death of another person where
there was malice aforethought, must be punished by death, by
imprisonment for life, or by a mandatory minimum term of
imprisonment for thirty years;
(2)
in cases resulting in the death of another person where
there was not no malice aforethought,
must be imprisoned not less than two years nor more than thirty
years;
(3)
in cases resulting in injury to a person, must be
imprisoned for not less than ten years nor more than twenty-five
years; or
(4)
in cases resulting in damage to a building or other real
or personal property, must be imprisoned for not less than two
years nor more than twenty-five years.
Section 10-11-330. It
shall be is unlawful for
any a person or group of persons
willfully wilfully and knowingly
to:
(a) to
enter or to remain within the capitol building
State House unless such the
person is authorized by law or by rules of the House or
Senate, or of the State Budget and
Control Board, or the Capitol Police Force, when
such the entry is done for the purpose
of uttering loud, threatening, and abusive language or to
engage in any disorderly or disruptive conduct with the intent
to impede, disrupt, or disturb the orderly conduct of any
session of the legislature or the orderly conduct within the
building or of any hearing before or any deliberation of any
committee or subcommittee of the legislature;
(b) to
obstruct or to impede passage within the capitol grounds or
building State House;
(c) to
engage in any act of physical violence upon the capitol grounds
or within the capitol building State
House; or
(d) to
parade, demonstrate, or picket within the capitol
building State House.
Section 10-11-340.
Nothing contained in this article prohibits any officer or
employee or persons otherwise authorized and required to perform
duties within the capitol building State
House from performing their normal duties, including the
carrying of firearms, except as may be limited by the rules of
either House within their respective chambers.
Section 10-11-350.
Nothing contained in this article shall
prohibit prohibits the normal, peaceful entry of
the general public upon the capitol grounds or within the
capitol building State House, subject
only to laws or rules governing that portion of the
capitol grounds which may be entered and the hours during
which the capitol building State House
shall be is open.
Section 10-11-360. A person who violates the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both. The penalties provided for in this section do not apply to Section 10-11-325."
SECTION 4. (A)
Where the provisions of this act transfer
particular entities, sections, divisions, or portions thereof of
one state agency (transferring agency) to another state agency
or entity (receiving agency), the employees, authorized
appropriations, and real and personal property of the
transferring agency are also transferred to and become part of
the receiving agency unless otherwise specifically provided.
All classified or unclassified personnel of the transferring
agency shall become employees of the receiving department or
division, with the same compensation, classification, and grade
level, as applicable. The State Budget and Control Board shall
cause all necessary actions to be taken to accomplish this
transfer and, in consultation with the agency head of the
transferring and receiving agencies, shall prescribe the manner
in which the transfer provided for in this section must be
accomplished. The board's action in facilitating the provisions
of this section are ministerial in nature and must not be
construed as an approval process over any of the transfers.
(B) Employees or
personnel of the transferring agency transferred to or made a
part of the receiving agency shall continue to occupy the same
office locations and facilities which they now occupy unless or
until otherwise changed by appropriate action and authorization,
and shall maintain their seniority within the transferring
agency should they decide to remain in their positions or
subsequently apply for a position back with the transferring
agency. The rent and physical plant operating costs of these
offices and facilities, if any, must continue to be paid by the
transferring agency until otherwise provided by the General
Assembly. The records and files of the transferring agency must
remain the property of the transferring agency, except that the
transferred personnel shall have complete access to these
records and files in the performance of their duties as new
employees of the receiving agency.
(C) All remaining costs
necessary for the implementation and operation of the Capitol
Police Force must be provided for by the General Assembly in the
annual appropriations act; however, for Fiscal Year 2013-2014,
the State Budget and Control Board shall provide all funds
necessary to implement the provisions of this act.
SECTION 5. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act takes effect July 1, 2014. /
Renumber sections to conform.
Amend title to conform.