Current Status Bill Number:3135 Ratification Number:138 Act Number:85 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950110 Primary Sponsor:Hodges All Sponsors:Hodges, Tucker, Knotts, Inabinett, Baxley and Whatley Drafted Document Number:PT\1505DW.95 Residing Body:19950601 Date of Last Amendment:19950601 Governor's Action:S Date of Governor's Action:19950612 Subject:Reserve police officers
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19950612 Act No. A85 ------ 19950612 Signed by Governor ------ 19950606 Ratified R138 House 19950601 Ordered enrolled for ratification Senate 19950601 Conference Committee Report adopted 88 SCC House 19950601 Conference Committee Report adopted 98 HCC House 19950530 Conference powers granted, 98 HCC Breeland appointed Reps. to Committee of Waldrop Conference Whatley Senate 19950529 Conference powers granted, 88 SCC Cork appointed Senators to Committee Gregory of Conference McConnell Senate 19950529 Insists upon amendment House 19950529 Non-concurrence in Senate amendment Senate 19950524 Read third time, returned to House with amendment Senate 19950523 Amended, read second time Senate 19950511 Committee report: Favorable with 11 SJ amendment Senate 19950425 Introduced, read first time, 11 SJ referred to Committee House 19950421 Read third time, sent to Senate House 19950420 Unanimous consent for third reading on the next Legislative day House 19950420 Amended, read second time House 19950412 Committee report: Favorable with 27 H3M amendment House 19950110 Introduced, read first time, 27 H3M referred to Committee House 19941221 Prefiled, referred to Committee 27 H3MView additional legislative information at the LPITS web site.
(A85, R138, H3135)
AN ACT TO AMEND SECTION 23-28-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CHIEF OF POLICE TO APPOINT RESERVE POLICE OFFICERS, SO AS TO AUTHORIZE THE SHERIFF TO APPOINT RESERVE POLICE OFFICERS AND TO AUTHORIZE THE CHIEF OR SHERIFF, WITH THE APPROVAL OF THE GOVERNING BODY, TO ALLOW FOR THE COMPENSATION OF THESE OFFICERS; TO AMEND SECTION 23-28-70, RELATING TO THE AUTHORITY OF RESERVES TO SERVE AND FUNCTION AS LAW ENFORCEMENT OFFICERS ONLY ON SPECIFIC ORDERS AND DIRECTIONS OF THE CHIEF OF POLICE, SO AS TO GIVE THIS AUTHORITY ALSO TO THE SHERIFF, TO DELETE THE REQUIREMENT THAT EACH RESERVE MUST BE IN APPROXIMATE CONTACT WITH A FULL-TIME OFFICER TO WHOM HE IS ASSIGNED AND TO REQUIRE THAT A RESERVE POLICE OFFICER MUST BE ACCOMPANIED BY A FULL-TIME CERTIFIED SOUTH CAROLINA POLICE OFFICER; TO AMEND SECTION 16-23-20, AS AMENDED, RELATING TO THE EXCEPTIONS FOR THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO AUTHORIZE A RESERVE POLICE OFFICER TO CARRY A PISTOL AND DELETE THE PROVISIONS WHICH LIMITED DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES TO THEIR TERRITORIAL JURISDICTIONS AND RESERVE POLICE OFFICERS WHILE SERVING AND FUNCTIONING AS LAW ENFORCEMENT OFFICERS FROM THE PROVISIONS OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
Appointment of reserve police officers
SECTION 1. Section 23-28-20 of the 1976 Code is amended to read:
"Section 23-28-20. (A) The chief or sheriff may appoint such number of reserve police officers as may be needed but not exceeding the number of regular full-time officers of his department. The number of full-time officers may not be decreased because of the institution or expansion of a reserve force. Each period of time reserves serve must be determined and specified by the chief or sheriff in writing. The powers and duties of reserves must be prescribed by the chief or sheriff and they are subject to removal by him at any time.
(B) The chief or sheriff, with the approval of the governing body, also shall allow for the compensation of reserve police officers for work done pursuant to Section 23-24-10 when compensation for approved public activities would be paid by a party other than the municipality or county. Reserve officers must be paid for approved public activities the same as off-duty police officers. Work performed for compensation must be in excess of the minimum logged service time required by Section 23-28-70. No additional training, beyond what is required for reserve police officers, is required for reserve police officers who receive compensation.
(C) Before assuming their duties reserves must:
(1) take the oath of office required by law;
(2) be bonded in an amount determined by the governing body of the county, municipality, or other political entity which may be not less than one thousand five hundred dollars;
(3) successfully complete a course of training specified by the South Carolina Law Enforcement Training Advisory Council and endorsed by the chief or sheriff who appoints them."
Reserves to function as law enforcement officers
SECTION 2. Section 23-28-70 of the 1976 Code is amended to read:
"Section 23-28-70. Reserves shall serve and function as law enforcement officers only on specific orders and directions of the chief or sheriff. To maintain status, reserves shall maintain a minimum logged service time of twenty hours per month or sixty hours per quarter.
While performing in any capacity as a reserve, a reserve police officer at all times must be accompanied by a full-time certified South Carolina police officer. Reserves shall in no case assume full-time duties of law enforcement officers without complying with all requirements for full-time officers.
Each department utilizing reserves shall have one full-time officer as coordinator-supervisor who must be responsible directly to the chief or sheriff."
Exception to prohibition on carrying concealed weapon
SECTION 3. Section 16-23-20(1) of the 1976 Code, as last amended by Section 274, Act 181 of 1993, is further amended to read:
"(1) Regular, salaried law enforcement officers and reserve police officers of a municipality or county of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, and deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1995.