H 3283 General Bill, By F.N. Smith, Allen, Breeland, R. Brown, Clyburn, 
Cobb-Hunter, Gourdine, J. Hines, M. Hines, Hosey, Howard, Lee, Mack, 
Moody-Lawrence, Scott and Weeks
 A BILL TO AMEND SECTION 23-6-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE POWERS OF THE DIRECTOR OF THE DEPARTMENT OF PUBLIC
 SAFETY, SO AS TO REQUIRE THE DIRECTOR TO COLLECT, CORRELATE, AND MAINTAIN
 CERTAIN STATISTICS ON TRAFFIC LAW ENFORCEMENT.

   01/17/01  House  Introduced and read first time HJ-8
   01/17/01  House  Referred to Committee on Judiciary HJ-8

TO AMEND SECTION 23-6-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REQUIRE THE DIRECTOR TO COLLECT, CORRELATE, AND MAINTAIN CERTAIN STATISTICS ON TRAFFIC LAW ENFORCEMENT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 23-6-450 of the 1976 Code, as last amended by Act 505 of 1994, is further amended to read:

    "Section 23-6-450.    (A)    The director of the Department of Public Safety is authorized to:

        (a)(1)    receive and disburse funds, including those hereinafter provided in this article;

        (b)(2)    accept any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments, for the purpose of carrying out the programs and objectives of this chapter;

        (c)(3)    consult and cooperate with counties, municipalities, agencies, or official bodies of this State or of other states, other governmental agencies, and with universities, colleges, junior colleges, and other institutions, concerning the development of police training schools, programs, or courses of instruction, selection, and training standards, or other pertinent matters relating to law enforcement;

        (d)(4)    publish or cause to be published manuals, information bulletins, newsletters, and other materials to achieve the objectives of this chapter;

        (e)(5)    make such regulations as may be are necessary for the administration of this chapter, including the issuance of orders directing public law enforcement agencies to comply with this chapter and all regulations so promulgated;

        (f)(6)    certify and train qualified candidates and applicants for law enforcement officers and provide for suspension, revocation, or restriction of the certification, in accordance with regulations promulgated by the department;

        (g)(7)    require all public entities or agencies that employ or appoint law enforcement officers to provide records in the format prescribed by regulation of employment information of law enforcement the officers in the format prescribed by regulation; and

        (h)(8)    provide by regulation for mandatory continued training of certified law enforcement officers, this training to be completed within each of the various counties requesting this training on a regional basis.

    (B)    The director of the Department of Public Safety shall collect, correlate, and maintain the following statistical information regarding traffic law enforcement by certified law enforcement officers:

        (1)    the number of drivers stopped for routine traffic enforcement by certified law enforcement officers and whether or not a citation or warning was issued;

        (2)    identifying characteristics of the drivers stopped, including the race or ethnicity, approximate age, and gender;

        (3)    the alleged traffic violation that led to the stop;

        (4)    whether a search was instituted as a result of the stop;

        (5)    whether the vehicle, personal effects, driver, or passengers were searched, and the race or ethnicity, approximate age, and gender of each person searched;

        (6)    whether the search was conducted pursuant to consent, probable cause, or reasonable suspicion to suspect a crime, including the basis for the request for consent, or the circumstances establishing probable cause or reasonable suspicion;

        (7)    whether contraband was found and the type and amount of that contraband;

        (8)    whether a written citation or any oral or written warning was issued as a result of the stop;

        (9)        whether an arrest was made as a result of either the stop or the search;

        (10)        whether property was seized, with a description of that property;

        (11)    whether the officers making the stop encountered any physical resistance from the driver or passengers;

        (12)        whether the officers making the stop engaged in the use of force against the driver or passengers for any reason;

        (13)    whether injuries resulted from the stop; and

        (14)    whether the circumstances surrounding the stop were the subject of an investigation, and the results of that investigation.

    (C)    The information required by subsection (B) must not be collected in connection with impaired driving checks or other types of roadblocks, vehicle checks, or checkpoints that are consistent with the laws of this State and with the state and federal constitutions, except when those stops result in a warning, search, seizure, arrest, or any of the other activity described in subitems (4) through (14) of subsection (B).

    (D)    The statistical traffic law enforcement information collected under subsection (B) is subject to the Freedom of Information Act, Chapter 4, Title 30 of the 1976 Code."

SECTION    2.    This act must not be interpreted to obligate the General Assembly to make an appropriation to implement the provisions of this act. Each department and agency to which this act applies must implement its provisions from funds otherwise appropriated to that department or agency.

SECTION    3.    This act is effective January 1, 2002, and applies to law enforcement actions occurring on or after that date.