S*953 Session 110 (1993-1994)
S*0953(Rat #0534, Act #0505) General Bill, By Courtney
A Bill to amend Section 24-21-520, Code of Laws of South Carolina, 1976,
relating to presentence investigations of criminal suspects, so as to provide
for the manner in which the defendant may waive the presentence investigation
in pleading guilty or nolo contendere if pleading guilty or nolo contendere;
to amend Section 24-21-530, relating to presentence investigations so as to
allow waiver pursuant to Section 24-21-520, to amend Article 9, Chapter 6 of
Title 23 relating to the Division of Training and Continuing Education of the
Department of Public Safety, so as to further provide for the functions and
membership of the Law Enforcement Training Advisory Council and the Training
Standards, Procedures and Functions of the Division, the Department, and its
director, and to further provide for the use of certain funds collected as an
addition to criminal and traffic fines.-amended title
12/20/93 Senate Prefiled
12/20/93 Senate Referred to Committee on Judiciary
01/11/94 Senate Introduced and read first time SJ-48
01/11/94 Senate Referred to Committee on Judiciary SJ-48
02/02/94 Senate Committee report: Favorable Judiciary SJ-13
02/03/94 Senate Read second time SJ-13
02/03/94 Senate Ordered to third reading with notice of
amendments SJ-13
02/08/94 Senate Read third time and sent to House SJ-14
02/09/94 House Introduced and read first time HJ-34
02/09/94 House Referred to Committee on Judiciary HJ-34
05/18/94 House Committee report: Favorable with amendment
Judiciary HJ-15
05/26/94 House Amended HJ-57
05/26/94 House Debate adjourned until Tuesday, May 31, 1994 HJ-58
05/31/94 House Amended HJ-48
05/31/94 House Read second time HJ-48
06/01/94 House Amended HJ-83
06/01/94 House Read third time and returned to Senate with
amendments HJ-93
06/01/94 Senate House amendment amended SJ-70
06/01/94 Senate Returned to House with amendments SJ-70
06/01/94 House Concurred in Senate amendment and enrolled HJ-341
06/02/94 Ratified R 534
08/31/94 Signed By Governor
08/31/94 Effective date 08/31/94
09/13/94 Copies available
(A505, R534, S953)
AN ACT TO AMEND SECTION 24-21-520, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO PRESENTENCE
INVESTIGATIONS OF CRIMINAL SUSPECTS, SO AS TO PROVIDE
FOR THE MANNER IN WHICH THE DEFENDANT MAY WAIVE THE
PRESENTENCE INVESTIGATION IN PLEADING GUILTY OR NOLO
CONTENDERE IF PLEADING GUILTY OR NOLO CONTENDERE; TO
AMEND SECTION 24-21-530, RELATING TO PRESENTENCE
INVESTIGATIONS, SO AS TO ALLOW WAIVER PURSUANT TO
SECTION 24-21-520; TO AMEND ARTICLE 9, CHAPTER 6 OF TITLE
23, RELATING TO THE DIVISION OF TRAINING AND CONTINUING
EDUCATION OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS
TO FURTHER PROVIDE FOR THE FUNCTIONS AND MEMBERSHIP
OF THE LAW ENFORCEMENT TRAINING ADVISORY COUNCIL
AND THE TRAINING STANDARDS, PROCEDURES, AND
FUNCTIONS OF THE DIVISION, THE DEPARTMENT, AND ITS
DIRECTOR, AND TO FURTHER PROVIDE FOR THE USE OF
CERTAIN FUNDS COLLECTED AS AN ADDITION TO CRIMINAL
AND TRAFFIC FINES.
Be it enacted by the General Assembly of the State of South Carolina:
Waiver of presentence investigation
SECTION 1. Section 24-21-520 of the 1976 Code, as added by Act 164 of
1993, is amended to read:
"Section 24-21-520. The department shall prepare a presentence
investigation on all offenders who are convicted of a crime with a
maximum penalty of not less than three years nor more than fifteen years or
a class D, E, or F felony or a class A misdemeanor. In all other cases, the
judge or the solicitor may require a presentence investigation before
sentencing. The presentence investigation must be submitted to the court
before sentencing. In cases in which the defendant pleads guilty or nolo
contendere, the defendant may waive the presentence investigation. This
waiver must be made freely, voluntarily, and on the record using the waiver
of presentence investigation form developed by the Supreme Court. Every
presentence investigation must contain the following:
(1) a recommendation about the suitability of the offender for
community supervision under any probation program and any of the
sentencing options set forth in Chapter 21 of Title 24;
(2) input received from victims and witnesses;
(3) input received from law enforcement;
(4) a social history for the offender; and
(5) other pertinent information about the offender."
Waiver of presentence investigation
SECTION 2. Section 24-21-530 of the 1976 Code, as added by Act 164 of
1993, is amended to read:
"Section 24-21-530. A person may be sentenced in the discretion
of the court except that the presentence investigation required in Section
24-21-520 must be received before sentencing unless waived by the
defendant pursuant to Section 24-21-520 . A defendant may not be placed
on probation under Section 24-21-480 or 24-21-540 unless the department
has recommended the placement."
Division of Training and Continuing Education
SECTION 3. Article 9, Chapter 6, Title 23 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
" Article 9
Division of Training and Continuing Education
Section 23-6-400. (A) There is created a Division of Training and
Continuing Education to operate a training program for law enforcement
officers and other persons employed in the criminal justice system in this
State and to establish and maintain minimum standards in law enforcement
selection and training.
(B) It is the intent of this article to encourage all law enforcement
officers, departments, and agencies within this State to adopt standards
which are higher than the minimum standards implemented pursuant to this
article , and these minimum standards in no way may be considered
sufficient or adequate in those cases where higher standards have been
adopted or proposed. Nothing herein may be construed to preclude an
employing agency from establishing qualifications and standards for hiring
or training law enforcement officers which exceed the minimum standards
set by the department, nor, unless specifically stated, may anything herein
be construed to affect any sheriff, constable, or other law enforcement
officer elected under the provisions of the Constitution of this State.
(C) The advisory council may recommend to the director methods to
maximize training opportunities for law enforcement officers and criminal
justice personnel, to coordinate training, and to set standards for the law
enforcement and criminal justice service, all of which are imperative to
upgrading law enforcement to professional status.
(D) Whenever used in this article , and for the purposes of this article ,
unless the context clearly denotes otherwise:
(1) `Law enforcement officer' means an appointed officer or employee
hired by and regularly on the payroll of the State or any of its political
subdivisions, who is granted statutory authority to enforce all or some of
the criminal, traffic, and penal laws of the State and who possesses, with
respect to those laws, the power to effect arrests for offenses committed or
alleged to have been committed.
(2) `Advisory council' means the Law Enforcement Training Advisory
Council created by this article .
Section 23-6-410. The division must establish and maintain a central
training facility which must be located near the geographical and
population center of the State, and which shall provide facilities and
training for all officers from state, county, and local law enforcement
agencies and for other designated persons in the criminal justice system;
provided, that correctional officers and other personnel employed or
appointed by the South Carolina Department of Corrections may be trained
by the department. The Deputy Director of the Division of Training and
Continuing Education is responsible for selection of instructors, course
content, maintenance of physical facilities, recordkeeping, supervision of
personnel, scheduling of classes, enforcement of minimum standards for
certification, and other matters as may be recommended by the advisory
council and approved by the Director of the Department of Public
Safety.
Section 23-6-420. (A) There is created a South Carolina Law
Enforcement Training Advisory Council consisting of fourteen
members:
(1) the Attorney General of South Carolina;
(2) the Chief of the South Carolina Law Enforcement Division;
(3) the Director of the Department of Public Safety;
(4) the Director of the Department of Natural Resources;
(5) the Director of the Department of Corrections;
(6) the Dean or Chairman of the University of South Carolina School
or College of Criminal Justice;
(7) the special agent in charge of the Federal Bureau of Investigation,
Columbia Division;
(8) one chief of police from a municipality having a population of less
than ten thousand; this person to be appointed by the Governor for a term
of four years;
(9) one chief of police from a municipality having a population of
more than ten thousand; this person to be appointed by the Governor for a
term of four years;
(10) one county sheriff engaged in full-time performance of duties as
a law enforcement officer and from a county having a population of less
than fifty thousand; this person to be appointed by the Governor for a term
of four years;
(11) one county sheriff engaged in full-time performance of duties as
a law enforcement officer and from a county having a population of more
than fifty thousand; this person to be appointed by the Governor for a term
of four years;
(12) one detention director who is responsible for the operation and
management of a county or multi-jurisdictional jail; this person to be
appointed by the Governor for a term of four years;
(13) one person employed in the administration of any municipality or
holding a municipal elective office; this person to be appointed by the
Governor for a term of four years;
(14) one person employed in the administration of county government
or elected to a county governing body; this person to be appointed by the
Governor for a term of four years.
(B) (1) The members provided for in (1) through (7) above are ex
officio members with full voting rights.
(2) The members provided for in (8) through (14) above shall serve
terms as herein provided. In the event that a vacancy arises it must be filled
for the remainder of the term in the manner of the original appointment or
designation.
(C) The Director of the Department of Public Safety shall serve as
chairman of the advisory council. The advisory council may elect another
one of its members to serve as vice-chairman. The advisory council shall
meet at the call of the chairman or at the call of a majority of the members
of the advisory council, but no fewer than four times each year. The
advisory council shall establish its own procedures with respect to quorum,
place, and conduct of meetings.
(D) Members of the advisory council shall serve without
compensation.
(E) An advisory council member who terminates his holding of the
office or employment which qualified him for appointment shall cease
immediately to be a member of the advisory council; the person appointed
to fill the vacancy shall do so for the unexpired term of the member whom
he succeeds.
Section 23-6-430. No law enforcement officer employed or appointed
on or after July 1, 1989, by any public law enforcement agency in this State
is authorized to enforce the laws or ordinances of this State or any political
subdivision thereof unless he has been certified as qualified by the
Department of Public Safety, except that any public law enforcement
agency in this State may appoint or employ as a law enforcement officer, a
person who is not certified if, within one year after the date of employment
or appointment, the person secures certification from the department;
provided, that if any public law enforcement agency employs or appoints as
a law enforcement officer a person who is not certified, the person shall not
perform any of the duties of a law enforcement officer involving the control
or direction of members of the public or exercising the power of arrest until
he has successfully completed a firearms qualification program approved
by the department; and provided, further, that within three working days of
employment the department must be notified by a public law enforcement
agency that a person has been employed by that agency as a law
enforcement officer, and within three working days of the notice the
firearms qualification program as approved by the director must be
provided to the newly hired personnel. If the firearms qualification
program approved by the director is not available within three working
days after receipt of the notice, then the public law enforcement agency
making the request for the firearms qualification program may employ the
person to perform any of the duties of a law enforcement officer, including
those involving the control and direction of members of the public and
exercising the powers of arrest. Should any such person fail to secure
certification within one year from his date of employment, he may not
perform any of the duties of a law enforcement officer involving control or
direction of members of the public or exercising the power of arrest until he
has been certified. He is not eligible for employment or appointment by
any other agency in South Carolina as a law enforcement officer, nor is he
eligible for any compensation by any law enforcement agency for services
performed as an officer. Exceptions to the one-year rule may be granted by
the director in these cases:
(a) military leave or injury occurring during that first year which would
preclude the receiving of training within the usual period of time; or
(b) in the event of the timely filing of application for training, which
application, under circumstances of time and physical limitations, cannot be
honored by the training academy within the prescribed period; or
(c) upon presentation of documentary evidence that the
officer-candidate has successfully completed equivalent training in one of
the other states which by law regulate and supervise the quality of police
training and which require a minimum basic or recruit course of duration
and content at least equivalent to that provided in this article or by
standards set by the South Carolina Department of Public Safety; or
(d) if it is determined by documentary evidence that the training will
result in undue hardship to the requesting agency, the requesting agency
must propose an alternate training schedule for approval.
Section 23-6-440. (A) At the request of any public law enforcement
agency of this State the department is hereby authorized to issue certificates
and other appropriate indicia of compliance and qualification to law
enforcement officers or other persons trained under the provisions of this
article . Members of the advisory council may individually or collectively
visit and inspect any training school, class, or academy dealing with present
or prospective law enforcement officers, and are expected to promote the
most efficient and economical program for police training, including the
maximum utilization of existing facilities and programs for the purpose of
avoiding duplication. The advisory council may make recommendations to
the director, the General Assembly, or to the Governor regarding the
carrying out of the purposes, objectives, and intentions of this article or
other acts relating to training in law enforcement.
(B) All city and county police departments, sheriffs' offices, state
agencies, or other employers of law enforcement officers having such
officers as candidates for certification shall submit to the director, for his
confidential information and subsequent safekeeping, the following:
(1) an application under oath on a format prescribed by the
director;
(2) evidence satisfactory to the director that the candidate has
completed high school and received a high school diploma, equivalency
certificate (military or other) recognized and accepted by the South
Carolina Department of Education or South Carolina special certificate;
(3) evidence satisfactory to the director of the candidate's physical
fitness to fulfill the duties of a law enforcement officer including:
(a) a copy of his medical history compiled by a licensed physician or
medical examiner approved by the employer;
(b) a certificate of a licensed physician that the candidate has
recently undergone a complete medical examination and the results
thereof;
(4) evidence satisfactory to the director that the applicant has not been
convicted of any criminal offense that carries a sentence of one year or
more or of any criminal offense that involves moral turpitude. Forfeiture of
bond, a guilty plea, or a plea of nolo contendere is considered the
equivalent of a conviction;
(5) evidence satisfactory to the director that the candidate is a person
of good character. This evidence must include, but is not limited to:
(a) certification by the candidate's employer that a background
investigation has been conducted and the employer is of the opinion that
the candidate is of good character;
(b) evidence satisfactory to the director that the candidate holds a
valid current South Carolina driver's license with no record during the
previous five years for suspension of driver's license as a result of driving
under the influence of alcoholic beverages or dangerous drugs, driving
while impaired (or the equivalent), reckless homicide, involuntary
manslaughter, or leaving the scene of an accident. Candidates for
certification as Class II-SCO (Department of Corrections) in any county
with a prison system that borders another state may hold a valid current
driver's license issued by any jurisdiction of the United States;
(c) evidence satisfactory to the director that a local credit check has
been made with favorable results;
(d) evidence satisfactory to the director that the candidate's
fingerprint record as received from the Federal Bureau of Investigation and
South Carolina Law Enforcement Division indicates no record of felony
convictions.
In the director's determination of good character, the director shall give
consideration to all law violations, including traffic and conservation law
convictions, as indicating a lack of good character. The director shall also
give consideration to the candidate's prior history, if any, of alcohol and
drug abuse in arriving at a determination of good character;
(6) a copy of the candidate's photograph;
(7) a copy of the candidate's fingerprints;
(8) evidence satisfactory to the director that the candidate's present
age is not less than twenty-one years. This evidence must include a birth
certificate or another acceptable document;
(9) evidence satisfactory to the director of successful completion of a
course of law enforcement training as established and approved by the
director, and conducted at an academy or institution approved by the
director, this evidence to consist of a certificate granted by the approved
institution.
(C) A certificate as a law enforcement officer issued by the department
will expire three years from the date of issuance or upon discontinuance of
employment by the officer with the employing entity or agency. The
certification of any law enforcement officer issued by the department that is
current on July 1, 1989, will expire in the year 1992 on the last day of the
month during which it was issued, or upon discontinuance of employment
with the employing entity or agency. Prior to the expiration of the
certificate, the certificate may be renewed upon application presented to the
director on a form prescribed by the director. The application for renewal
must be received by the director at least forty-five days prior to the
expiration of the certificate. If the officer's certificate has lapsed, the
department may reissue the certificate after receipt of an application and if
the director is satisfied that the officer continues to meet the requirements
of subsections (B)(1) through (B)(9).
(D) The director may accept for training as a law enforcement officer an
applicant who has met requirements of subsections (B)(1) through
(B)(8).
Section 23-6-450. The Director of the Department of Public Safety is
authorized to:
(a) receive and disburse funds, including those hereinafter provided in
this article ;
(b) 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) 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) publish or cause to be published manuals, information bulletins,
newsletters, and other materials to achieve the objectives of this
chapter;
(e) make such regulations as may be 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) 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) 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 officers;
(h) 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.
Section 23-6-460. An oral or written report, document, statement, or
other communication that is written, made, or delivered concerning the
requirements or administration of this chapter or regulations promulgated
under it must not be the subject of or basis for an action at law or in equity
for slander or libel in any court of the State if the communication is
between:
(1) a law enforcement agency, its agents, employees, or representatives;
and
(2) the department or the advisory council, its agents, employees, or
representatives.
Section 23-6-470. Every fine levied on a criminal or traffic violation in
this State must have sums added to it which must be set apart and used by
the Department of Public Safety for law enforcement and criminal justice
related programs, and every bond for violations must have added the same
amounts which must be set apart on forfeiture for the division's program of
training, as follows:
(a) Fines or forfeitures up to
and including $99.00 $6.00
(b) Fines or forfeitures
above $99.00 up to and
including $200.00 $25.00
(c) Fines or forfeitures
above $200.00 up to and
including $500.00 $50.00
(d) Fines or forfeitures
above $500.00 up to and
including $1,000.00 $100.00
(e) Fines or forfeitures
above $1,000.00 $200.00
If a portion of the fine is suspended, the sum added to it as set forth in
items (a) through (e) must be based upon the portion of the fine not
suspended. In addition to the apportioned amounts set forth in items (a)
through (e), twenty-five cents must be added to each fine or forfeiture and
be paid over to the department to defray the cost of erecting and
maintaining the South Carolina Law Enforcement Hall of Fame. If funds
collected exceed the necessary costs and expenses of the Hall of Fame, the
department may retain the surplus for professional training, fees, dues, and
other related services or programs as the director may deem necessary. The
additional portion of fines added by this section must be assessed and
collected by the respective courts or law enforcement officers, who are
authorized by law to accept bond, and clearly identified as such on the
judgment or bond.
Every magistrate, recorder, judge, mayor, clerk of court, or other person
who receives monies from fines or bond forfeitures in criminal or traffic
cases shall transmit same to the city treasurer of the incorporated city where
he performs his official duties, or to the county treasurer of his county in
which he performs his official duties, making the transmittal no less
frequently than once each month, and doing so on or before the tenth day of
the month following the month being reported. The city treasurer or county
treasurer shall make a computation on the basis of the scales of fines and
forfeitures set out in this article , and this computed sum must be forwarded
to the State Treasurer on or before the twentieth day of that month. Any
incorporated municipality in this State may enter into a mutual agreement
with the county in which it is located to provide for joint collections,
computations, and transmittals under the terms and conditions as the
respective bodies may agree; in these cases, receipts and transmittals
required by this article must reflect, in the report of transmittal to the State
Treasurer, the collection and forwarding of all these monies from the
named sources. The State Treasurer shall record, before the last day of that
same month, the total monthly submissions of monies from the respective
county treasurers and city treasurers, and shall deposit such monies in the
account and to the credit of the Department of Public Safety for fiscal and
administrative purposes, including professional training, counseling, fees,
dues, and other related services or programs as the director may deem
necessary. The amount the above scale provides to be set apart and used by
the department for law enforcement and criminal justice training and
programs must be added to and be levied above the fine or forfeiture
imposed.
Section 23-6-480. (A) Whenever the director finds that any public law
enforcement agency is in violation of any provisions of this chapter, the
director may issue an order requiring the public law enforcement agency to
comply with the provision. The director may bring a civil action for
injunctive relief in the appropriate court or may bring a civil enforcement
action. Violation of any court order issued pursuant to this section must be
considered contempt of the issuing court and punishable as provided by
law. The director also may invoke the civil penalties as provided in
subsection (B) for violation of the provisions of this chapter, including any
order or regulation hereunder. Any public law enforcement agency against
which a civil penalty is invoked by the director may appeal the decision to
the court of common pleas of the county where the public law enforcement
agency is located.
(B) Any public law enforcement agency which fails to comply with this
chapter and regulations promulgated pursuant to this chapter or fails to
comply with any order issued by the director is liable for a civil penalty not
to exceed one thousand five hundred dollars a violation. When the civil
penalty authorized by this subsection is imposed upon a sheriff, the sheriff
is responsible for payment of this civil penalty.
Section 23-6-490. When a municipality employs only one law
enforcement officer and that officer is attending law enforcement training
at the South Carolina Criminal Justice Academy as required by law, the
sheriff of the county wherein the municipality is located, or the head of the
entity in charge of countywide law enforcement if the county sheriff is not,
shall provide systematic patrolling of the municipal area while its law
enforcement officer is attending the training.
Section 23-6-495. Whenever, in this chapter, the term `department' is
used, it means the Department of Public Safety and whenever the term
`division' is used, it means the Division of Training and Continuing
Education of the Department of Public Safety."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 31st day of August, 1994. |