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Indicates Matter Stricken
Indicates New Matter
S. 281
STATUS INFORMATION
General Bill
Sponsors: Senator Matthews
Document Path: l:\s-res\mbm\012offi.sp.mbm.docx
Introduced in the Senate on January 12, 2021
Currently residing in the Senate Committee on Judiciary
Summary: Police misconduct investigation
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/9/2020 Senate Prefiled
12/9/2020 Senate Referred to Committee on Judiciary
1/12/2021 Senate Introduced and read first time (Senate Journal-page 248)
1/12/2021 Senate Referred to Committee on Judiciary
(Senate Journal-page 248)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND SECTION 23-23-150(A)(3) OF THE 1976 CODE, RELATING TO THE DEFINITION OF MISCONDUCT, TO PROVIDE THAT IT IS MISCONDUCT FOR AN OFFICER TO WILLFULLY PROVIDE A FALSE, MISLEADING, INCOMPLETE, DECEITFUL, OR INCORRECT STATEMENT ON AN AFFIDAVIT FOR THE PURPOSE OF PROCURING A WARRANT, FOR AN OFFICER TO FAIL TO REPORT WITNESSING OR HAVING KNOWLEDGE OF ANOTHER OFFICER WHO WILLFULLY PROVIDED A FALSE, MISLEADING, INCOMPLETE, DECEITFUL, OR INCORRECT STATEMENT ON AN AFFIDAVIT FOR THE PURPOSE OF PROCURING A WARRANT, OR FOR AN OFFICER TO FAIL TO REPORT OTHER MISCONDUCT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-23-150(A)(3) of the 1976 Code is amended to read:
"(3) 'Misconduct' means:
(a) a conviction, plea of guilty, plea of no contest or admission of guilt to a felony, a crime punishable by a sentence of more than one year, regardless of the sentence actually imposed, or a crime of moral turpitude, any of which were committed in this State or any other jurisdiction;
(b) the unlawful use of a controlled substance;
(c) the repeated use of excessive force in dealing with the public or prisoners;
(d) dangerous or unsafe practices involving firearms, weapons, or vehicles which indicate either a wilful or wanton disregard for the safety of persons or property;
(e) the physical or psychological abuse of members of the public or prisoners;
(f) the misrepresentation of employment-related information;
(g) wilfully making false, misleading, incomplete, deceitful, or incorrect statements to a law enforcement officer, a law enforcement agency, or a representative of the agency, except when required by departmental policy or by the laws of this State;
(h) wilfully making false, misleading, incomplete, deceitful, or incorrect statements to any court of competent jurisdiction, or their staff members, whether under oath or not;
(i) wilfully providing false, misleading, incomplete, deceitful, or incorrect information on a document, record, report, or form, except when required by departmental policy or by the laws of this State;
(j) the falsification of any application for certification and training based upon which the officer was admitted for training; or
(k) providing false information to the Criminal Justice Academy;
(l) willfully providing a false, misleading, incomplete, deceitful, or incorrect statement on an affidavit for the purpose of procuring a warrant;
(m) witnessing or having actual knowledge of another officer willfully providing a false, misleading, incomplete, deceitful, or incorrect statement on an affidavit for the purpose of procuring a warrant and failing to report it; or
(n) an officer's failure to report another officer if he witnesses any misconduct pursuant to this section."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on
January 21, 2021 at 4:00 PM