Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. Chapter 23, Title 26 of the 1976 Code is amended by adding:
"Section 23-23-150.
(A) No person who has a pending
allegation of misconduct, as this term is defined in the Law
Enforcement Training Council regulations, may be employed as a
law enforcement officer or as a telecommunications operator;
have the authority of a law enforcement officer; perform any
duties of a law enforcement officer, including those duties
involving the control and direction of members of the public,
detainees, or prisoners; or exercise the power of arrest
until:
(1)
the Law Enforcement Training Council has issued a final
agency decision that the person may be granted certification, be
granted certification with probation, be granted certification
with any additional requirements deemed just and proper by the
council, or be granted certification with a public reprimand;
or
(2)
an appellate court issues a ruling that the Law
Enforcement Training Council shall issue the person his law
enforcement certification or telecommunications certification
and the Law Enforcement Training Council or Criminal Justice
Academy has not appealed the ruling.
(B) Every law
enforcement candidate, law enforcement officer, or
telecommunications operator is required to notify the South
Carolina Criminal Justice Academy of his current address.
(C) A person against
whom an allegation of misconduct has been received by the South
Carolina Criminal Justice Academy shall be notified by certified
mail of the allegation of misconduct and his right to a
contested case hearing.
(D) A person against
whom an allegation of misconduct has been received by the South
Carolina Criminal Justice Academy has sixty days to request a
contested case hearing after receipt of the allegation of
misconduct and right to a contested case hearing. A person who
fails to request a contested case hearing within the time
allowed shall be deemed to have waived his right to a contested
case hearing. The Law Enforcement Training Council shall proceed
to enter a final agency decision to permanently deny the person
from being issued his law enforcement certification or
telecommunications certification. Hearings must be scheduled and
conducted as expeditiously and efficiently as possible,
consistent with the needs and rights of the parties to obtain a
fair hearing and a complete record. The South Carolina Criminal
Justice Academy shall schedule a contested hearing within sixty
days of receiving a request for a hearing.
(E) The parties will be
notified via certified mail of the hearing officer's
recommendation to the full Law Enforcement Training Council. A
party opposing the recommendation may file a motion in
opposition of the hearing officer's recommendation within
fifteen days of receipt. Within ten days of receipt of the
motion in opposition, a party supporting the recommendation may
file a motion in support of the hearing officer's
recommendation. These motions shall be submitted to the full Law
Enforcement Training Council, along with the recommendation,
hearing transcript, and exhibits. The Law Enforcement Training
Council may schedule oral arguments for the next quarterly
scheduled meeting. After reviewing the motions, recommendation,
hearing transcript, and exhibits, the council may vote and issue
a final agency decision at any time other than at a quarterly or
special meeting.
(F) An allegation of
law enforcement certification misconduct shall not be accepted
in an original personnel change in status form, amended form, or
any other form more than thirty days after an officer's
separation from an agency, unless extenuating circumstances
exist, as determined by the Law Enforcement Training
Council." /
Renumber sections to conform.
Amend title to conform.