Download This Bill in Microsoft Word format
A215, R253, H4479
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 May 10, 2018
Passed by the General Assembly on May 10, 2018
Governor's Action: May 18, 2018, Signed
Summary: Law Enforcement Training Council, hearings, misconduct
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 4/25/2018 Senate Committee report: Favorable Judiciary (Senate Journal-page 12) 4/26/2018 Scrivener's error corrected 5/1/2018 Senate Amended (Senate Journal-page 63) 5/9/2018 Senate Read second time (Senate Journal-page 69) 5/10/2018 Senate Amended (Senate Journal-page 141) 5/10/2018 Senate Read third time and returned to House with amendments (Senate Journal-page 141) 5/10/2018 Senate Roll call Ayes-38 Nays-0 (Senate Journal-page 141) 5/10/2018 House Concurred in Senate amendment and enrolled (House Journal-page 125) 5/10/2018 House Roll call Yeas-88 Nays-0 (House Journal-page 126) 5/14/2018 Ratified R 253 5/18/2018 Signed By Governor 5/25/2018 Effective date 05/18/18 5/31/2018 Act No. 215
View the latest legislative information at the website
VERSIONS OF THIS BILL
(A215, R253, H4479)
AN ACT TO AMEND SECTION 23-23-80, 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 DEFINITIONS FOR CERTAIN TERMS, TO PROVIDE THAT A SHERIFF OR CHIEF OF A LAW ENFORCEMENT AGENCY OR DEPARTMENT MUST REPORT TO THE CRIMINAL JUSTICE ACADEMY CERTAIN MISCONDUCT BY A LAW ENFORCEMENT OFFICER WHO SHALL BE NOTIFIED OF THE ALLEGATION OF MISCONDUCT AND MAY REQUEST A CONTESTED CASE HEARING, TO PROVIDE FOR A PROCEEDING TO ADJUDICATE THE ALLEGATION, TO PROVIDE FOR THE EMPLOYMENT OF PERSONS WHO HAVE ALLEGATIONS OF MISCONDUCT FILED AGAINST THEM, AND TO PROVIDE THAT CERTAIN PERSONS MUST KEEP THE ACADEMY INFORMED OF THEIR CURRENT ADDRESS.
Be it enacted by the General Assembly of the State of South Carolina:
Law enforcement training council
SECTION 1. Section 23-23-80 of the 1976 Code is 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."
Adjudication of allegations of misconduct
SECTION 2. Chapter 23, Title 23 of the 1976 Code is amended by adding:
"Section 23-23-150. (A) For purposes of this section:
(1) 'Academy' means the South Carolina Criminal Justice Academy.
(2) 'Council' means the Law Enforcement Training Council.
(3) 'Misconduct' means:
(a) a conviction, plea of guilty, plea of no contest or admission of guilt to a felony, a crime punishable by a sentence of more than one year, regardless of the sentence actually imposed, or a crime of moral turpitude, any of which were committed in this State or any other jurisdiction;
(b) the unlawful use of a controlled substance;
(c) the repeated use of excessive force in dealing with the public or prisoners;
(d) dangerous or unsafe practices involving firearms, weapons, or vehicles which indicate either a wilful or wanton disregard for the safety of persons or property;
(e) the physical or psychological abuse of members of the public or prisoners;
(f) the misrepresentation of employment-related information;
(g) wilfully making false, misleading, incomplete, deceitful, or incorrect statements to a law enforcement officer, a law enforcement agency, or a representative of the agency, except when required by departmental policy or by the laws of this State;
(h) wilfully making false, misleading, incomplete, deceitful, or incorrect statements to any court of competent jurisdiction, or their staff members, whether under oath or not;
(i) wilfully providing false, misleading, incomplete, deceitful, or incorrect information on a document, record, report, or form, except when required by departmental policy or by the laws of this State;
(j) the falsification of any application for certification and training based upon which the officer was admitted for training; or
(k) providing false information to the Criminal Justice Academy.
(B) The sheriff or the chief executive officer of a law enforcement agency or department within the State must report to the academy the occurrence of any act or multiple acts of misconduct by a law enforcement officer which could result in the withdrawal of the certification of the law enforcement officer who is currently or was last employed by his agency. The report shall be made within fifteen days of the final agency or department action resulting from the internal investigation conducted by the agency or department, and shall be on a form prescribed by the council. A wilful failure to report information related to acts of misconduct shall subject the violator to a civil penalty as provided by the council.
(C) A person against whom an allegation of misconduct has been received by the academy shall be notified of the allegation of misconduct and his right to a contested case hearing, either by delivering a copy of the allegation personally or by leaving a copy of the allegation at his dwelling house or usual place of abode with some person of suitable age and discretion residing therein.
(D) A person against whom an allegation of misconduct has been received by the academy may request a contested case hearing. The request must be made within three years after receipt of the allegation of misconduct and the service of the allegation on the officer, whichever is later. 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 deny the person his law enforcement certification or telecommunications certification for a specified time period, up to a permanent denial. Hearings must be scheduled and conducted expeditiously and efficiently, consistent with the needs and rights of the parties to obtain a fair hearing and a complete record. The academy shall schedule a contested case hearing within sixty days of receiving a request for a hearing, however, a continuance may be granted for cause.
(E) The parties must be sent, via certified mail, or electronically if requested, a copy of the hearing officer's recommendation to the full Law Enforcement Training Council. Either party who opposes the recommendation may file a motion in opposition of the hearing officer's recommendation but must do so within fifteen working days of receipt. Another party may file a response to the motion in opposition but must do so within ten working days of the receipt of the motion in opposition. These motions shall be submitted to the full Law Enforcement Training Council, along with the recommendation, hearing transcript, and exhibits. The 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) The council must not accept an allegation of law enforcement certification misconduct in an original personnel change in status form, amended form, or any other form more than thirty days after the officer's separation from an agency, unless extenuating circumstances exist, as determined by the council.
(G) No person who has a pending allegation of misconduct filed against him pursuant to subsection (B) by a law enforcement agency with the Criminal Justice Academy 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 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.
(H) A law enforcement candidate, law enforcement officer, or telecommunications operator must keep the academy informed of his current address and must notify the academy of any change of address within thirty days.
(I) All information submitted by a law enforcement agency or department to the Criminal Justice Academy related to the separation of a law enforcement officer must be submitted by a certified law enforcement officer from the agency or department.
(J) 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.
(K) For any allegation of misconduct of a law enforcement officer pursuant to this section, SLED, the appropriate investigating agency, or the internal affairs division of the agency must complete their investigation within ninety days from the date of the request for a hearing by the officer unless they seek leave from the hearing officer to extend for a specified time period.
(L) In addition to the allegations of misconduct specified in this section, any finding by a law enforcement agency as to the use of excessive force by a law enforcement officer must be reported to the academy by the appropriate law enforcement agency or department within thirty days of the finding, the information of which must be maintained by the academy for investigative and personnel hiring purposes. This information is not a public document and not subject to disclosure other than to a law enforcement or prosecution agency, or attorneys representing a law enforcement or prosecution agency, except by court order. This exemption does not preclude the disclosure of any information contained in these records from another source or by another provision of law.
(M) If an officer with an allegation of misconduct is found not guilty or not at-fault, the records of the misconduct allegation must be expunged by the council within thirty days."
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 14th day of May, 2018.
Approved the 18th day of May, 2018.
This web page was last updated on June 22, 2018 at 12:14 PM