Current StatusView additional legislative information at the LPITS web site.Bill Number: 3041 Ratification Number: 101 Act Number 60 Introducing Body: House Subject: Relating to the South Carolina Law Enforcement Training Council
(A60, R101, H3041)
AN ACT TO AMEND ARTICLE 1, CHAPTER 23, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL AND TO CERTAIN REQUIRED TRAINING OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT CORRECTIONAL OFFICERS AND OTHER PERSONNEL EMPLOYED BY THE DEPARTMENT OF CORRECTIONS MAY BE TRAINED BY THE DEPARTMENT; TO PROVIDE THAT NO LAW ENFORCEMENT OFFICER EMPLOYED OR APPOINTED AFTER JULY 1, 1989, IS EMPOWERED TO ENFORCE THE LAWS OF THIS STATE OR A POLITICAL SUBDIVISION THEREOF UNLESS HE HAS BEEN CERTIFIED AS QUALIFIED BY THE COUNCIL AND TO PROVIDE CERTAIN EXCEPTIONS, TO PROVIDE THE REQUIREMENTS FOR CERTIFICATION AND TRAINING AND FOR THE DURATION OF CERTIFICATION, AND TO PROVIDE EXCEPTIONS; TO INCREASE THE AMOUNTS ADDED TO CRIMINAL AND TRAFFIC FINES AND USED FOR THE PURPOSE OF LAW ENFORCEMENT TRAINING AND OTHER PURPOSES; TO AUTHORIZE THE COUNCIL TO TAKE CERTAIN ACTIONS AGAINST PUBLIC LAW ENFORCEMENT AGENCIES IN VIOLATION OF THIS CHAPTER, INCLUDING THE IMPOSITION OF A CIVIL FINE, AND TO PROVIDE THAT WHERE THIS CIVIL FINE IS IMPOSED UPON A SHERIFF, THE SHERIFF IS RESPONSIBLE FOR ITS PAYMENT.
Be it enacted by the General Assembly of the State of South Carolina:
Training, certification, and enforcement provisions revised
SECTION 1. Article 1, Chapter 23, Title 23 of the 1976 Code is amended to read:
"Article 1
Training Program Generally and
Certification of Law Enforcement Officers
Section 23-23-10. (A) In order to insure the public safety and general welfare of the people of this State, and to promote equity for all segments of society, a program of training for law enforcement officers and other persons employed in the criminal justice system in this State is hereby proclaimed and this article must be interpreted so as to achieve these purposes principally through the establishment of 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 Council, hereinafter created, 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) It is the intent of the General Assembly in creating a facility and a governing council 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) 'Council' means the Law Enforcement Training Council created by this article.
Section 23-23-20. There is established 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. Administration of this academy must be vested in a director who 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 agreed upon by the Council. The director must be hired by and responsible to the Council.
Section 23-23-40. 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 Council, 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 Council; 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 Council; and provided, further, that within three working days of employment the Council 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 Council must be provided to the newly hired personnel. If the firearms qualification program approved by the Council 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 Council 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 Law Enforcement Training Council.
Section 23-23-50. (A) At the request of any public law enforcement agency of this State the Council 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 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 Council may, in its discretion, or upon request, make recommendations to 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 Council, for its confidential information and subsequent safekeeping, the following:
(1) an application under oath on a format prescribed by Council;
(2) evidence satisfactory to the Council 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 Council 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 Council that 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 Council 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 Council 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;
(c) evidence satisfactory to Council that a local credit check has been made with favorable results;
(d) evidence satisfactory to Council that candidate's fingerprint record as received from F.B.I. and S.L.E.D. indicates no record of felony convictions.
In the Council's determination of good character, Council shall give consideration to all law violations, including traffic and conservation law convictions as indicating a lack of good character. The Council shall also give consideration to the candidate's prior history, if any, of alcohol and drug abuse in arriving at its determination of good character.
(6) a copy of candidate's photograph;
(7) a copy of candidate's fingerprints;
(8) evidence satisfactory to Council 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 Council of successful completion of a course of law enforcement training as established and approved by the Council, and conducted at an academy or institution approved by the Council, this evidence to consist of a certificate granted by the approved institution.
(C) A certificate as a law enforcement officer issued by Council will either 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 Council 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 Council on a form prescribed by Council. The application for renewal must be received by Council at least forty-five days prior to the expiration of the certificate. If the officer's certificate has lapsed, Council may reissue the certificate after receipt of an application and if Council is satisfied that the officer continues to meet the requirements of subsections (B)(1) through (B)(9).
(D) Council may accept for training as a law enforcement officer an applicant who has met requirements of subsections (B)(1) through (B)(8).
Section 23-23-60. The Council 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 article;
(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 article;
(e) promulgate regulations for the administration of this chapter, and issue orders or designate the Director to issue orders directing that public law enforcement agencies 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 Council.
(g) require all public entities or agencies that employ or appoint law enforcement officers to provide records in the format prescribed by Council 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 which request this training on a regional basis.
Section 23-23-70. 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 for the Council's program of training in the fields of law enforcement and criminal justice, and every bond for violations must have added the same amounts which must be set apart on forfeiture for the Council'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
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 South Carolina Law Enforcement Training Council which shall in turn transfer all funds so collected to the South Carolina Law Enforcement Hall of Fame Committee to defray the cost of erecting and maintaining the Hall of Fame. At any time when funds collected pursuant to this paragraph exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the committee, the Council may retain the surplus for use in its law enforcement training programs.
The additional portion of fines added by this section for training programs and the South Carolina Law Enforcement Hall of Fame Committee 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 Law Enforcement Building and Maintenance Fund, advising the Law Enforcement Training Council of the receipts and deposits for fiscal and administrative purposes.
The amount the above scale provides to be set apart and used for the Council's program of training in the fields of law enforcement and criminal justice and for the South Carolina Law Enforcement Hall of Fame must be added to and be levied above the fine or forfeiture imposed.
Section 23-23-75. (A) Whenever the Council finds that any public law enforcement agency is in violation of any provisions of this chapter, it may issue an order requiring the public law enforcement agency to comply with the provision, it may bring a civil action for injunctive relief in the appropriate court, or it may bring 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 Council may also 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 Council 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 Council 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 23-23-90. 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 the provisions of Section 23-23-40, 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."
Time effective
SECTION 2. This act takes effect July 1, 1989.