Current Status Introducing Body:Senate Bill Number:305 Primary Sponsor:Martschink Committee Number:15 Type of Legislation:GB Subject:SLED to supervise highway patrol Residing Body:Senate Current Committee:Transportation Computer Document Number:305 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Martschink Type of Legislation:General Bill
Bill Body Date Action Description CMN
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305 Senate Jan 08, 1991 Introduced and read first 15
time, referred to Committee
305 Senate Nov 19, 1990 Prefiled, referred to 15
Committee
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TO AMEND CHAPTER 5, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHWAY PATROL, SO AS TO PROVIDE FOR THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO SUPERVISE THE PATROL DIRECTLY; TO AMEND SECTION 23-3-30, RELATING TO THE SUPERVISION OF STATE-EMPLOYED SECURITY PERSONNEL BY SLED, SO AS TO INCLUDE THE PERSONNEL OF THE HIGHWAY PATROL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 23-3-70 SO AS TO PROVIDE THAT SLED IS COMPOSED OF TWO SUBDIVISIONS, NAMELY A SUBDIVISION OF INVESTIGATION AND A SUBDIVISION OF LAW ENFORCEMENT, AND PROVIDE THAT THE HIGHWAY PATROL CONSTITUTES A PERMANENT PART OF THE SUBDIVISION OF LAW ENFORCEMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 5, Title 23 of the 1976 Code is amended to read:
Section 23-5-10. The law enforcement division of the State Highway Department shall be named and known as the 'South Carolina Highway Patrol' is under direct supervision of the South Carolina Law Enforcement Division and shall consist consists of such the patrolmen, officers, agents, and employees as the Department may deem division considers necessarily proper for the enforcement of the traffic and other related laws, the enforcement of which is devolved upon the Department division. Such The officers and patrolmen shall must be commissioned by the Governor upon the recommendation of the Chief Highway Commissioner chief of the division. Such The commissions may be terminated at the pleasure of the Chief Highway Commissioner chief.
Section 23-5-20. Every officer and patrolman commissioned pursuant to this chapter shall file a bond, or be covered by a surety bond, in the amount of not less than two thousand dollars with the Department South Carolina Law Enforcement Division, subscribed by some duly a licensed surety company, conditioned for the faithful performance of his duties, for the prompt and proper accounting of all funds coming into his hands and for the payment of any a judgment recovered against him in any a court of competent jurisdiction upon a cause of action arising out of breach or abuse of official duty or power and damages sustained by any a member of the public from any an unlawful act of such the officer or patrolman; provided, that. However, coverage under such the bond shall does not include damage to persons or property arising out of the negligent operation of a motor vehicle. Such The bond may be individual, schedule, or blanket and on a form approved by the Attorney General. The premiums on such the bonds shall must be paid by the Department out of the State highway fund division.
Section 23-5-30. The Department South Carolina Law Enforcement Division may provide such the officers and patrolmen with distinctive uniforms and suitable arms and equipment for use in the performance of their duties. Such The officers and patrolmen shall at all times, when in the performance of their duties, shall wear complete uniforms with badges conspicuously displayed on the outside of their uniforms.
Section 23-5-31. The Director Chief of the South Carolina Law Enforcement Division of the South Carolina Department of Highways and Public Transportation (director), with the approval of the Executive Director of the Department of Highways and Public Transportation, shall prescribe a unique and distinctive official uniform, with appropriate insignia to be worn by all officers of the South Carolina Highway Patrol when on duty and at such other times as the director shall order, chief orders and a distinctive color or colors and appropriate emblems for all motor vehicles used by such the highway patrol except those designated by the director chief. No other law enforcement agency, private security agency, or any person shall may wear a similar uniform and insignia which may be confused with the uniform and insignia of the highway patrol nor shall any. An emblem must not be used on a motor vehicle nor shall it, and a motor vehicle must not be painted in a color or in any a manner which would cause the vehicle to be similar to a highway patrol vehicle or readily confused therewith with it.
Section 23-5-32. The director chief shall file with the Secretary of State and Legislative Council for publication in the State Register a description and illustration of the official highway patrol uniform with insignia and the emblems of the official highway patrol uniforms and motor vehicles and a description of including the color of such uniforms and vehicles.
Section 23-5-33. In order to carry out the provisions of Sections 23-5-31 to 23-5-34 in an orderly and economical manner it is intended that all serviceable uniforms be continued in use until such time as the director deems chief considers it necessary for them to be replaced. These provisions shall also apply to the emblems for motor vehicles.
Section 23-5-34. Any A violation of Sections 23-5-31 to 23-5-34 may be enjoined by the court of common pleas upon petition of the director Chief of the law enforcement division South Carolina Law Enforcement Division after due notice to the person violating the provisions of the Sections 23-5-31 to 23-5-34 sections and after a hearing on the petition.
Section 23-5-40. The patrolmen and officers of the South Carolina Highway Patrol shall patrol the highways of the State for the purpose of enforcing to enforce the laws of the State relative to highway traffic and motor vehicles. Such The officers and patrolmen shall have the same power to serve criminal processes against offenders as sheriffs of the various counties and also the same power as such the sheriffs to arrest without warrants and to detain persons found violating or attempting to violate any the laws of the State relative to highway traffic and motor vehicles. Such The officers and patrolmen shall also have the same power and authority held by deputy sheriffs for the enforcement of the criminal laws of the State.
Section 23-5-50. When any a person is apprehended by a patrolman upon a charge of violating any a traffic or other law, the enforcement of which by a patrolman is authorized by law, the person so being charged, upon being served with the official summons issued by such the arresting patrolman, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance or incarceration, may deposit with the apprehending patrolman a sum of money as bail, not less than the minimum nor more than the maximum fine, but in no case to exceed not more than two hundred dollars, to be in due course turned over to the judicial officer as money for bail, in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid summons or being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. A receipt for such the sum so deposited shall must be given to such the person by such the arresting officer. The summons duly served as herein provided shall give in this section gives the judicial officer jurisdiction to dispose of the matter. Upon receipt of the fixed sum of money the patrolman may release the person so charged as above provided for his further appearance before the proper judicial officer as provided for and required by the summons.
Section 23-5-60. The patrolmen shall, upon request of any a sheriff, shall assist such sheriff him in the solution of any a crime and the apprehension of any a law violator."
SECTION 2. Section 23-3-30 of the 1976 Code is amended to read:
"Section 23-3-30. All security personnel employed by the State, other than at correctional institutions, and all personnel of the South Carolina Highway Patrol, as provided in Chapter 5 of Title 23, shall be are under the direct supervision, administration, and control of the South Carolina Law Enforcement Division."
SECTION 3. The 1976 Code is amended by adding:
"Section 23-3-70. The South Carolina Law Enforcement Division is composed of two subdivisions, namely, a subdivision of investigation and a subdivision of law enforcement, to be organized and structured by the chief of the division. All existing departments or components of the division must be designated by the chief as belonging to one of the two subdivisions provided for in this section. However, the South Carolina Highway Patrol constitutes a permanent part of the subdivision of law enforcement."
SECTION 4. This act takes effect July 1, 1992.