H*4514(Rat #0384, Act #0298 of 2002)  General Bill, By McGee, Knotts, Bingham, 
Coates, Koon, Lourie and Whatley
 A BILL TO AMEND SECTION 23-6-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE
 THAT IN ADDITION TO EXCEPTIONS TO THE ONE-YEAR RULE PROVIDED IN THIS SECTION,
 THE PERIOD OF TIME WITHIN WHICH A CANDIDATE MUST OBTAIN THE CERTIFICATION
 REQUIRED TO BECOME A LAW ENFORCEMENT OFFICER IS AUTOMATICALLY EXTENDED FOR AN
 ADDITIONAL PERIOD EQUAL TO THE TIME THE CANDIDATE PERFORMED ACTIVE DUTY OR
 ACTIVE DUTY FOR TRAINING AS A MEMBER OF THE NATIONAL GUARD, THE STATE GUARD,
 OR A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, PLUS NINETY
 DAYS; AND TO AMEND SECTION 23-6-445, RELATING TO CERTIFICATES AS A LAW
 ENFORCEMENT OFFICER BEING ISSUED TO CERTAIN RETIRED LAW ENFORCEMENT OFFICERS,
 SO AS TO PROVIDE THAT A RETIRED SOUTH CAROLINA OR FEDERAL LAW ENFORCEMENT
 OFFICER WHO MEETS CERTAIN QUALIFICATIONS MUST BE ISSUED A CERTIFICATE
 AUTHORIZING HIM TO SERVE AS A CERTIFIED LAW ENFORCEMENT OFFICER.-amended title

   01/16/02  House  Introduced and read first time HJ-8
   01/16/02  House  Referred to Committee on Judiciary HJ-8
   04/02/02  House  Committee report: Favorable Judiciary HJ-9
   04/03/02  House  Read second time HJ-78
   04/03/02  House  Reconsidered HJ-106
   04/04/02  House  Amended HJ-32
   04/04/02  House  Read second time HJ-32
   04/04/02  House  Unanimous consent for third reading on next
                     legislative day HJ-33
   04/05/02  House  Read third time and sent to Senate HJ-3
   04/09/02  Senate Introduced and read first time SJ-13
   04/09/02  Senate Referred to Committee on Judiciary SJ-13
   05/08/02  Senate Committee report: Favorable Judiciary SJ-10
   05/15/02  Senate Amended SJ-30
   05/15/02  Senate Read second time SJ-30
   05/15/02  Senate Ordered to third reading with notice of
                     amendments SJ-30
   05/16/02  Senate Read third time and returned to House with
                     amendments SJ-37
   05/22/02  House  Concurred in Senate amendment and enrolled HJ-76
   05/28/02         Ratified R 384
   06/03/02         Signed By Governor
   06/17/02         Act No. 298
   06/27/02         Effective date 06/03/02
   06/27/02         Copies available

AN ACT TO AMEND SECTION 23-6-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT IN ADDITION TO EXCEPTIONS TO THE ONE-YEAR RULE PROVIDED IN THIS SECTION, THE PERIOD OF TIME WITHIN WHICH A CANDIDATE MUST OBTAIN THE CERTIFICATION REQUIRED TO BECOME A LAW ENFORCEMENT OFFICER IS AUTOMATICALLY EXTENDED FOR AN ADDITIONAL PERIOD EQUAL TO THE TIME THE CANDIDATE PERFORMED ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING AS A MEMBER OF THE NATIONAL GUARD, THE STATE GUARD, OR A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, PLUS NINETY DAYS; AND TO AMEND SECTION 23-6-445, RELATING TO CERTIFICATES AS A LAW ENFORCEMENT OFFICER BEING ISSUED TO CERTAIN RETIRED LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT A RETIRED SOUTH CAROLINA OR FEDERAL LAW ENFORCEMENT OFFICER WHO MEETS CERTAIN QUALIFICATIONS MUST BE ISSUED A CERTIFICATE AUTHORIZING HIM TO SERVE AS A CERTIFIED LAW ENFORCEMENT OFFICER.

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

Time for certification as a law enforcement officer extended

SECTION 1. Section 23-6-430 of the 1976 Code, as last amended by Act 505 of 1994, is further amended to read:

"Section 23-6-430. No law enforcement officer employed or appointed on or after July 1, 1989, by any public law enforcement agency in this State is authorized to enforce the laws or ordinances of this State or any political subdivision thereof unless he has been certified as qualified by the Department of Public Safety, except that any public law enforcement agency in this State may appoint or employ as a law enforcement officer, a person who is not certified if, within one year after the date of employment or appointment, the person secures certification from the department; provided, that if any public law enforcement agency employs or appoints as a law enforcement officer a person who is not certified, the person shall not perform any of the duties of a law enforcement officer involving the control or direction of members of the public or exercising the power of arrest until he has successfully completed a firearms qualification program approved by the department; and provided, further, that within three working days of employment the department must be notified by a public law enforcement agency that a person has been employed by that agency as a law enforcement officer, and within three working days of the notice the firearms qualification program as approved by the director must be provided to the newly hired personnel. If the firearms qualification program approved by the director is not available within three working days after receipt of the notice, then the public law enforcement agency making the request for the firearms qualification program may employ the person to perform any of the duties of a law enforcement officer, including those involving the control and direction of members of the public and exercising the powers of arrest. Should any such person fail to secure certification within one year from his date of employment, he may not perform any of the duties of a law enforcement officer involving control or direction of members of the public or exercising the power of arrest until he has been certified. He is not eligible for employment or appointment by any other agency in South Carolina as a law enforcement officer, nor is he eligible for any compensation by any law enforcement agency for services performed as an officer. Exceptions to the one-year rule may be granted by the director in these cases:

(a) military leave or injury occurring during that first year which would preclude the receiving of training within the usual period of time; or

(b) in the event of the timely filing of application for training, which application, under circumstances of time and physical limitations, cannot be honored by the training academy within the prescribed period; or

(c) upon presentation of documentary evidence that the officer-candidate has successfully completed equivalent training in one of the other states which by law regulate and supervise the quality of police training and which require a minimum basic or recruit course of duration and content at least equivalent to that provided in this article or by standards set by the South Carolina Department of Public Safety; or

(d) if it is determined by documentary evidence that the training will result in undue hardship to the requesting agency, the requesting agency must propose an alternate training schedule for approval.

Notwithstanding another provision of law, in the case of a candidate for certification who begins one or more periods of state or federal military service within one year after his date of employment or appointment, the period of time within which he must obtain the certification required to become a law enforcement officer is automatically extended for an additional period equal to the aggregate period of time the candidate performed active duty or active duty for training as a member of the National Guard, the State Guard, or a reserve component of the Armed Forces of the United States, plus ninety days. The director must take all necessary and proper action to ensure that a candidate for certification as a law enforcement officer who performs military service within one year of his employment or appointment is not prejudiced in obtaining certification as a result of having performed state or federal military service."

Retired law enforcement officers; meet qualifications to be issued certified certificates

SECTION 2. Section 23-6-445 of the 1976 Code is amended to read:

"Section 23-6-445. (A) A retired law enforcement officer with twenty years or more law enforcement experience who subsequently serves as a magistrate or municipal judge of this State and is or has been appointed chief of a municipal department by the governing body thereof must be issued a certificate as a law enforcement officer pursuant to Section 23-6-440 if that person completes the legal course for Class I certified officers taught by the Criminal Justice Academy Division of the Department of Public Safety. This provision applies to a retired law enforcement officer of this State with twenty years or more law enforcement experience whose certificate has lapsed due to a three-year break in service who subsequently is appointed chief of a municipal department by the governing body thereof.

(B) A retired South Carolina law enforcement officer must be issued a certificate pursuant to Section 23-6-440, authorizing him to serve as a certified law enforcement officer, if the officer meets the following qualifications at the time of application:

(1) the officer must have been retired pursuant to Section 9-11-60 or 9-11-70 for not more than ten years, except that the department may certify an officer who has been retired for more than ten years if the officer provides evidence satisfactory to the director that he has received law enforcement training and experience sufficient to qualify him to serve as a certified law enforcement officer;

(2) within the previous three years, the officer must have completed a legal course and all other training programs for certified officers mandated by law and taught by the Criminal Justice Academy Division of the Department of Public Safety; and

(3) the officer must have maintained a constable commission during his retirement, without interruption.

(C) A retired federal law enforcement officer must be issued a certificate pursuant to Section 23-6-440, authorizing him to serve as a certified law enforcement officer, if the officer provides evidence satisfactory to the director that he has received law enforcement training and experience sufficient to qualify him to serve as a certified law enforcement officer."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 28th day of May, 2002.

Approved the 3rd day of June, 2002.