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Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Tallon, Hixon and W. Newton
Document Path: l:\council\bills\gt\5395cm18.docx
Companion/Similar bill(s): 518
Introduced in the House on January 9, 2018
Introduced in the Senate on March 1, 2018
Last Amended on February 28, 2018
Currently residing in the Senate Committee on Judiciary
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/13/2017 House Prefiled 12/13/2017 House Referred to Committee on Judiciary 1/9/2018 House Introduced and read first time (House Journal-page 124) 1/9/2018 House Referred to Committee on Judiciary (House Journal-page 125) 2/7/2018 House Member(s) request name added as sponsor: W.Newton 2/14/2018 House Committee report: Favorable with amendment Judiciary (House Journal-page 55) 2/20/2018 House Requests for debate-Rep(s). McKnight, McCoy, Taylor, Young, Hixon, Forrest, Hiott, Brown, Gilliard, Pendarvis, Allison, Forrester, Sandifer, Martin, Cole, GR Smith, Loftis, Daning, Clary, Davis, Clyburn, Douglas, Hart, Thigpen, Knight, Toole, Williams, Jefferson (House Journal-page 24) 2/28/2018 House Amended (House Journal-page 20) 2/28/2018 House Read second time (House Journal-page 20) 2/28/2018 House Roll call Yeas-99 Nays-0 (House Journal-page 23) 3/1/2018 House Read third time and sent to Senate (House Journal-page 29) 3/1/2018 Senate Introduced and read first time (Senate Journal-page 9) 3/1/2018 Senate Referred to Committee on Judiciary (Senate Journal-page 9) 3/5/2018 Senate Referred to Subcommittee: Hutto (ch), Shealy, Timmons
View the latest legislative information at the website
VERSIONS OF THIS BILL
February 28, 2018
S. Printed 2/28/18--H.
Read the first time January 9, 2018.
TO AMEND SECTION 23-23-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, SO AS TO PROVIDE THAT THE LAW ENFORCEMENT TRAINING COUNCIL IS AUTHORIZED TO APPOINT ATTORNEYS EMPLOYED BY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY TO SIT AS HEARING OFFICERS FOR CONTESTED CASE HEARINGS; AND BY ADDING SECTION 23-23-150, SO AS TO PROVIDE THAT NO PERSON WHO HAS A PENDING ALLEGATION OF MISCONDUCT MAY BE EMPLOYED AS A LAW ENFORCEMENT OFFICER OR AS A TELECOMMUNICATIONS OPERATOR, MAY HAVE THE AUTHORITY OF A LAW ENFORCEMENT OFFICER, PERFORM ANY DUTIES OF A LAW ENFORCEMENT OFFICER, OR EXERCISE THE POWER OF ARREST UNTIL THE LAW ENFORCEMENT TRAINING COUNCIL OR AN APPELLATE COURT HAS ISSUED A DECISION AUTHORIZING THE PERSON TO BE EMPLOYED IN THOSE AREAS, TO PROVIDE THAT A PERSON AGAINST WHOM AN ALLEGATION OF MISCONDUCT HAS BEEN RECEIVED BY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY SHALL BE NOTIFIED BY CERTIFIED MAIL OF THE ALLEGATION OF MISCONDUCT AND HIS RIGHT TO A CONTESTED CASE HEARING, TO PROVIDE THAT A PERSON AGAINST WHOM AN ALLEGATION OF MISCONDUCT HAS BEEN RECEIVED BY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY MUST REQUEST A CONTESTED CASE HEARING WITHIN SIXTY DAYS AFTER RECEIPT OF THE ALLEGATION OF MISCONDUCT AND RIGHT TO A CONTESTED CASE HEARING, AND TO PROVIDE FOR THE PROCEDURES OF A CONTESTED CASE HEARING.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-23-80 of the 1976 Code, as last amended by Act 46 of 2017, is further amended by adding the following appropriately numbered item:
"( ) appoint attorneys employed by the South Carolina Criminal Justice Academy to sit as hearing officers for contested case hearings. The attorneys are authorized to submit hearing officers' recommendations to the council."
SECTION 2. Chapter 23, Title 26 of the 1976 Code is amended by adding:
"Section 23-23-150. (A) No person who has a pending allegation of misconduct, as this term is defined in the Law Enforcement Training Council regulations, may be employed as a law enforcement officer or as a telecommunications operator; have the authority of a law enforcement officer; perform any duties of a law enforcement officer, including those duties involving the control and direction of members of the public, detainees, or prisoners; or exercise the power of arrest until:
(1) the Law Enforcement Training Council has issued a final agency decision that the person may be granted certification, be granted certification with probation, be granted certification with any additional requirements deemed just and proper by the council, or be granted certification with a public reprimand; or
(2) an appellate court issues a ruling that the Law Enforcement Training Council shall issue the person his law enforcement certification or telecommunications certification and the Law Enforcement Training Council or Criminal Justice Academy has not appealed the ruling.
(B) Every law enforcement candidate, law enforcement officer, or telecommunications operator is required to notify the South Carolina Criminal Justice Academy of his current address.
(C) A person against whom an allegation of misconduct has been received by the South Carolina Criminal Justice Academy shall be notified by certified mail of the allegation of misconduct and his right to a contested case hearing.
(D) A person against whom an allegation of misconduct has been received by the South Carolina Criminal Justice Academy has sixty days to request a contested case hearing after receipt of the allegation of misconduct and right to a contested case hearing. A person who fails to request a contested case hearing within the time allowed shall be deemed to have waived his right to a contested case hearing. The Law Enforcement Training Council shall proceed to enter a final agency decision to permanently deny the person from being issued his law enforcement certification or telecommunications certification. Hearings must be scheduled and conducted as expeditiously and efficiently as possible, consistent with the needs and rights of the parties to obtain a fair hearing and a complete record. The South Carolina Criminal Justice Academy shall schedule a contested hearing within sixty days of receiving a request for a hearing.
(E) The parties will be notified via certified mail of the hearing officer's recommendation to the full Law Enforcement Training Council. A party opposing the recommendation may file a motion in opposition of the hearing officer's recommendation within fifteen days of receipt. Within ten days of receipt of the motion in opposition, a party supporting the recommendation may file a motion in support of the hearing officer's recommendation. These motions shall be submitted to the full Law Enforcement Training Council, along with the recommendation, hearing transcript, and exhibits. The Law Enforcement Training Council may schedule oral arguments for the next quarterly scheduled meeting. After reviewing the motions, recommendation, hearing transcript, and exhibits, the council may vote and issue a final agency decision at any time other than at a quarterly or special meeting.
(F) An allegation of law enforcement certification misconduct shall not be accepted in an original personnel change in status form, amended form, or any other form more than thirty days after an officer's separation from an agency, unless extenuating circumstances exist, as determined by the Law Enforcement Training Council."
(G) All information submitted by a law enforcement entity to the Criminal Justice Academy related to separation of law enforcement officers must be submitted by a certified law enforcement officer at the entity.
(H) In addition to other actions outlined in regulations promulgated by the Law Enforcement Training Council, wilful submission of false, misleading, incomplete, deceitful, or incorrect statements to the Criminal Justice Academy, or its representatives, constitutes law enforcement certification misconduct and must be addressed as other allegations of misconduct are addressed by the council.
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on March 9, 2018 at 4:10 PM