South Carolina General Assembly
116th Session, 2005-2006

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Bill 4982

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 17, 2006

H. 4982

Introduced by Rep. G.M. Smith

S. Printed 5/17/06--S.

Read the first time April 26, 2006.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4982) to amend Section 16-23-20, as amended, Code of Laws of South Carolina, 1976, relating to the unlawful carrying of a handgun, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

VINCENT A. SHEHEEN for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal(Some additional costs are expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

Minimal(Some additional costs are expected but can be absorbed)

EXPLANATION OF IMPACT:

The Department of Public Safety indicates that the impact of this bill would be minimal and could be absorbed within existing resources. The Criminal Justice Academy would need to make adjustments to applicable training material in order to comply with the intent of this bill.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL CARRYING OF A HANDGUN, SO AS TO INCLUDE IN THE EXCEPTIONS TO THE OFFENSE RESERVE POLICE OFFICERS OF A STATE AGENCY; AND TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSE REQUIREMENTS FOR RESERVE UNITS, SO AS TO PROVIDE THAT ADDITIONAL TRAINING MAY BE PRESCRIBED BY THE ENTITY HAVING A RESERVE UNIT UNDER CERTAIN CIRCUMSTANCES.

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

SECTION    1.    Section 16-23-20(1) of the 1976 Code, as last amended by Act 294 of 2004, is further amended to read:

"(1)    regular, salaried law enforcement officers, and reserve police officers of a state agency, 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, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers employed as private detectives or private investigators;"

SECTION    2.    Section 23-28-30 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 23-28-30.    (A)    No reserve shall assume any police function until he has successfully completed a course of training of at least sixty hours and passed a comprehensive test prepared by the South Carolina Criminal Justice Academy and administered by the local law enforcement agency. The sixty hours of training shall be promulgated by the South Carolina Criminal Justice Academy Division of the Department of Public Safety, endorsed by the appointing official and shall include, but not be limited to:         (A)(1)     Firearms training .................. twelve hours

(B)(2)     Laws of arrest ...................... three hours

(C)(3)     Searches and seizures ............ three hours

(D)(4)     Evidence ............................. six hours

(E)(5)     Crisis intervention ................ three hours

(F)(6)     Officer survival ..................... two hours

(G)(7)     Ethics ................................... two hours

(H)(8)     Constitutional law .................. two hours

(I)(9)     Local ordinances and policies... ten hours

(J)(10)     Radio communications ............ one hour

(K)(11)    Handling prisoners ................. one hour

(L)(12)        Handling juveniles ................. one hour

(M)(13)    Human relations ..................... two hours

(B)    Nothing in this chapter prevents the entity having a reserve unit from prescribing additional training, subject to the approval of the South Carolina Criminal Justice Academy Division of the Department of Public Safety."

SECTION    3.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    4.    This act takes effect upon approval by the Governor.

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