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COMMITTEE REPORT
May 18, 2005
H. 3900
S. Printed 5/18/05--H.
Read the first time April 7, 2005.
To whom was referred a Bill (H. 3900) to amend the Code of Laws of South Carolina, 1976, by adding Article 8 to Chapter 31, Title 23, so as to provide that a law enforcement agency or, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 31, Title 23 of the 1976 Code is amended by adding:
Section 23-31-600. (A) For purposes of this section:
(1) 'identification card' is a photographic identification card complying with 18 U.S.C. Section 926C(d).
(2) 'qualified retired law enforcement officer' means any retired law enforcement officer as defined in 18 U.S.C. Section 926C(c) who at the time of his retirement was certified as a law enforcement officer in this State and who was trained and qualified to carry firearms in the performance of his duties.
(B) An agency or department within this State must comply with Section 3 of the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. Section 926C, by issuing an identification card to any person who retired from that agency or department and who is a qualified retired law enforcement officer.
(C)(1) Subject to the limitations of subsection (E), a qualified retired law enforcement officer may carry a concealed weapon in this State if he possesses an identification card issued pursuant to subsection (C) along with a certification that he has, not less recently than one year before the date the individual is carrying the firearm, met the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.
(2) The firearms certification required by this subsection may be reflected on the identification card or may be in a separate document carried with the identification card.
D) The restrictions contained in Sections 23-31-220 and 23-31-225 are applicable to a person carrying a concealed weapon pursuant to this section.
(E) An agency or department that does not establish and comply with written procedures for issuing an identification card to a qualified retired law enforcement officer within sixty days after a request is submitted shall not receive any grants or monies from the State, except as may otherwise be required by federal law, and is not entitled to send any individuals for training and education at the South Carolina Criminal Justice Academy.
(F) The agency or department may charge the retired law enforcement officer a reasonable fee for issuing the identification card and must provide the retired officer with the opportunity to qualify to carry a firearm under the same standards for training and qualification for active law enforcement officers to carry firearms. However, the agency or department may, as provided in 18 U.S.C. Section 926C(c)(5), require the retired officer to pay the actual expenses of the training and qualification."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 31, TITLE 23, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY OR DEPARTMENT MUST ISSUE A PICTURE IDENTIFICATION TO CERTAIN RETIREES UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THE AGENCY OR DEPARTMENT MUST ALLOW CERTAIN RETIREES TO QUALIFY ANNUALLY WITH A FIREARM, TO PROVIDE THAT AN AGENCY OR DEPARTMENT THAT FAILS TO COMPLY WITH THIS PROVISION SHALL NOT RECEIVE ANY STATE GRANTS OR MONIES, AND TO PROVIDE THAT THE PRIVILEGES CONTAINED IN THIS PROVISION MAY NOT BE CONFERRED UPON A PERSON CONVICTED OF A CRIME THAT WOULD HAVE PREVENTED HIM FROM BECOMING A CERTIFIED LAW ENFORCEMENT OFFICER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 31, Title 23 of the 1976 Code is amended by adding:
Section 23-31-600. (A) A law enforcement agency or department certified by this State must issue a picture identification to any person that has retired from that agency or department for any reason other than mental disability. The picture identification must be updated every five years once that person has undergone a criminal background check. An identification card issued pursuant to this section must be identical to the one issued to an active law enforcement officer. However, it must have the word "RETIRED" stamped on it in bold red letters before it is laminated.
(B) A certified South Carolina law enforcement officer who has retired in good standing for any reason other than for a mental disability must be allowed to qualify annually with a firearm with the agency or department from which he retired. A reasonable fee may be charged by the agency or department for this service.
(C) Once this section becomes law, a law enforcement agency or department that does not comply with the provisions contained in this section shall not receive any grants or monies from the State.
(D) The privileges contained in Sections (A) and (B) may not be conferred upon a person convicted of a crime that would have prevented him from becoming a certified law enforcement officer in this State."
SECTION 2. This act takes effect upon approval by the Governor.
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