Amend the bill, as and if amended, by adding an appropriately numbered section to read:
SECTION __. Article 1, Chapter 3, Title 23 of the 1976 Code is amended by adding:
/ "Section 23-1-95. (A) The South Carolina Law Enforcement Division shall establish a Law Enforcement Citizens' Advisory Council.
(B) The purpose of the Council is to increase law enforcement agencies' professional competence and accountability to South Carolina's citizens.
(C) The Council must be composed of a diverse cross section of South Carolina's citizens, and, at a minimum, reflect the ethnic diversity of the citizens who reside in South Carolina. Members must be appointed by the Chief of the South Carolina Law Enforcement Division and must serve at the Chief's discretion.
(D) To achieve its purpose, the Council shall review and comment on:
(1) the shooting of or discharge of a weapon at a person by a law enforcement officer acting in the line of duty;
(2) the unexpected death of an arrestee while in the care, custody, or control of a law enforcement officer or correctional officer; the unexpected death of an arrestee shortly after being in the care, custody, or control of a law enforcement officer or correctional officer; and the unexpected death of an intended arrestee during an arrest attempt by a law enforcement officer. For purposes of this section, 'unexpected death' includes all deaths which, before investigation, appear possibly to have been caused by trauma, or suspicious or obscure circumstances;
(3) citizens' complaints against a law enforcement agency or law enforcement officer;
(4) disciplinary actions taken against a law enforcement officer; and
(5) a law enforcement agency's relevant internal policies and procedures.
(E) Upon request of the Council and as necessary to carry out the Council's purpose and duties, the Council immediately must be provided access to information and records, including, but not limited to, personnel records related to a review being conducted pursuant to subsection (D).
(F) When necessary in the discharge of the Council's duties and upon the Council's application, the clerks of court shall issue a subpoena or subpoena duces tecum to a state or local agency, board, or commission or to a representative of a state or local agency, board, or commission to compel the attendance of witnesses and production of documents, books, papers, correspondence, memoranda, and other records relevant to the discharge of the Council's duties. Failure to obey a subpoena or subpoena duces tecum issued pursuant to this subsection may be punished as contempt." /
Renumber sections to conform.
Amend title to conform.