S 323 Session 111 (1995-1996)
S 0323 General Bill, By Lander
Similar(S 317)
A Bill to amend Section 23-28-10, Code of Laws of South Carolina, 1976,
relating to reserve police officers, so as to revise the definition of
"reserves" and "chiefs"; to amend Section 23-28-20, relating to the
appointment and duties of reserve police officers, so as to revise a chief's
appointment powers; to amend Section 23-28-30, relating to reserve police
officer training courses, so as to require reserve police officers to complete
the basic correctional officer training course and pass an exam prepared by
the South Carolina Criminal Justice Academy before assuming correctional
duties; and to amend Section 23-28-40, relating to reserve officer training,
so as to eliminate the mandatory number of hours of preliminary training.
01/10/95 Senate Introduced and read first time SJ-134
01/10/95 Senate Referred to Committee on Judiciary SJ-134
A BILL
TO AMEND SECTION 23-28-10, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO RESERVE POLICE
OFFICERS, SO AS TO REVISE THE DEFINITION OF
"RESERVES" AND "CHIEFS"; TO
AMEND SECTION 23-28-20, RELATING TO THE
APPOINTMENT AND DUTIES OF RESERVE POLICE
OFFICERS, SO AS TO REVISE A CHIEF'S APPOINTMENT
POWERS; TO AMEND SECTION 23-28-30, RELATING TO
RESERVE POLICE OFFICER TRAINING COURSES, SO AS TO
REQUIRE RESERVE POLICE OFFICERS TO COMPLETE THE
BASIC CORRECTIONAL OFFICER TRAINING COURSE AND
PASS AN EXAM PREPARED BY THE SOUTH CAROLINA
CRIMINAL JUSTICE ACADEMY BEFORE ASSUMING
CORRECTIONAL DUTIES; AND TO AMEND SECTION
23-28-40, RELATING TO RESERVE OFFICER TRAINING, SO
AS TO ELIMINATE THE MANDATORY NUMBER OF HOURS
OF PRELIMINARY TRAINING.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 23-28-10 of the 1976 Code is amended to
read:
"Section 23-28-10. For the purposes of this chapter:
(A) `Reserves' means persons given part-time police powers
without being regularly assigned to full-time law enforcement duties
or persons assigned as part-time correctional officers without
being assigned regularly to full-time correctional duties.
(B) `Chief' means the chief law enforcement officer of a
municipality, county, or other political entity of the State
having police powers, or the chief correctional administrator of
a municipal, county, local, or regional detention facility."
SECTION 2. Section 23-28-20 of the 1976 Code is amended to
read:
"Section 23-28-20. The chief may, in his
discretion, may appoint such the number of
reserve police officers as may be needed,
but appointments must not exceeding
exceed the number of regular full-time officers of his
department. The number of full-time officers shall
must not be decreased because of the institution or
expansion of a reserve force. Each The period of
time service for reserves shall serve shall
must be determined and specified by the chief in writing.
The powers and duties of reserves shall must be
prescribed by the chief and they shall be. A reserve
is subject to removal by him at any time the
chief. Before assuming their duties reserves shall
must:
(A) take the oath of office required by law.;
(B) be bonded in an amount determined by the governing
body of the county, municipality, or other political entity
which shall must be not less than one thousand, five
hundred dollars.;
(C) successfully complete a course of training specified by the
South Carolina Law Enforcement Council and endorsed by the chief
who appoints them."
SECTION 3. Section 23-28-30 of the 1976 Code is amended to
read:
"Section 23-28-30. (A) No reserve shall
assume any police function until he has successfully completed a
course of training of at least sixty hours and passed a
comprehensive test prepared by the South Carolina Criminal Justice
Academy and administered by the local law enforcement agency.
The sixty hours of training shall must be
promulgated by the South Carolina Law Enforcement Training
Council, endorsed by the appointing official, and
shall include, but not be limited to:
(A)(1) Firearms training twelve hours
(B)(2) Laws of arrest three hours
(C)(3) Searches and seizures three hours
(D)(4) Evidence six hours
(E)(5) Crisis interventionthree hours
(F)(6) Officer survival two hours
(G)(7) Ethics two hours
(H)(8) Constitutional lawtwo hours
(I)(9) Local ordinances and policies ten hours
(J)(10) Radio communications one hour
(K)(11) Handling prisonersone hour
(L)(12) Handling juvenilesone hour
(M)(13) Human relations two hours.
(B) No reserve shall assume any correctional duties until he
successfully completes the Basic Correctional Officer Training
course and passes a comprehensive exam prepared by the South
Carolina Criminal Justice Academy and administered by the local
correctional agency."
SECTION 4. Section 23-28-40 of the 1976 Code is amended to
read:
"Section 23-28-40. This training may be provided locally
or regionally but shall be is subject to approval of
the South Carolina Law Enforcement Training Council. If
disapproved, the Training Council shall designate a representative to
confer with the chief to make acceptable program changes. Within
reason, and subject to academy schedules, academy staff may assist
in the training.
In addition to the sixty hours of preliminary training,
classes of inservice training shall must be held
periodically but not less than once a month. Consecutive absences
of more than three sessions may be grounds for dismissal.
Any A person who served as an auxiliary or
reserve police officer on any a municipal or county
police force for a period of at least six months prior to
before April 19, 1978, and is serving in that capacity on
the effective date of this act shall is not be
required to have a high school diploma as a prerequisite for
participating in any training program authorized or required by this
chapter."
SECTION 5. This act takes effect upon approval by the
Governor.
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