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Bill 4160

                    Current Status

Bill Number:                      4160
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990525
Primary Sponsor:                  Govan
All Sponsors:                     Govan, Allen, Lloyd, Moody-Lawrence, 
                                  J.H. Neal, Pinckney, Rutherford and Scott
Drafted Document Number:          l:\council\bills\ggs\22338cm99.doc
Residing Body:                    House
Current Committee:                Medical, Military, Public and Municipal 
                                  Affairs Committee 27 H3M
Subject:                          Highway patrol, state police; Law 
                                  Enforcement, Public Safety Department to 
                                  report public complaints made against


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990525  Introduced, read first time,           27 H3M
                  referred to Committee


                             Versions of This Bill

TO AMEND ARTICLE 3, CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHWAY PATROL DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY, BY ADDING SECTION 23-6-185 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO COLLECT, CORRELATE, AND MAINTAIN INFORMATION REGARDING TRAFFIC LAW ENFORCEMENT BY HIGHWAY PATROL AND STATE POLICE OFFICERS AND TO REQUIRE THE DEPARTMENT TO MAKE AN ANNUAL REPORT REGARDING COMPLAINTS MADE BY MEMBERS OF THE PUBLIC AGAINST OFFICERS OF THE HIGHWAY PATROL AND OF THE STATE POLICE.

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

SECTION 1. Article 3, Chapter 6, Title 23 of the 1976 Code is amended by adding:

"Section 23-6-185. (A) The department shall collect, correlate, and maintain the following information regarding traffic law enforcement by officers of the Highway Patrol and of the State Police.

(1) the number of drivers stopped for routine traffic enforcement by officers of the Highway Patrol and of the State Police officers and whether or not a citation or warning was issued;

(2) identifying characteristics of the drivers stopped, including the race or ethnicity, approximate age, and gender;

(3) the alleged traffic violation that led to the stop;

(4) whether a search was instituted as a result of the stop;

(5) whether the vehicle, personal effects, driver, or passengers were searched;

(6) the legal basis for the search, including whether consent was obtained and whether there was probable cause or reasonable suspicion to suspect a crime;

(7) whether contraband was found and the type and amount of contraband;

(8) whether a written citation or an oral or written warning was issued as a result of the stop;

(9) whether an arrest was made as a result of either the stop or the search;

(10) whether property was seized under forfeiture laws, with a description of the property;

(11) whether the officers making the stop encountered physical resistance from the driver or a passenger;

(12) whether the officers making the stop engaged in the use of force against the driver or a passenger for any reason;

(13) whether injuries resulted from the stop; and

(14) whether the circumstances surrounding the stop were the subject of an investigation, and the results of that investigation.

(B) The information required by subsection (A) must not be collected in connection with driving under the influence checks, roadblocks, vehicle checks, or checkpoints that are consistent with the laws of this State and with the United States Constitution, except when those stops result in the issuance of a warning, a search, seizure, arrest, or activity described in items (4) through (14) of subsection (A).

(C) The department shall compile and annually publish and make available to the public a report containing the following information regarding formal and informal complaints by members of the public against officers of the Highway Patrol and of the State Police:

(1) the number of complaints received by date, type, and location;

(2) the gender, age, and race of the complainant when known, and of any officer or trooper involved in the complaint;

(3) the disposition for each type of complaint including, but not limited to, the following:

(a) Exonerated. The alleged incident did occur, but the actions of the officer were justified, legal, and proper;

(b) Sustained. The investigation disclosed sufficient evidence to prove the allegation;

(c) Not sustained. The investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation;

(d) Unfounded. The alleged incident did not occur or there is insufficient information to conduct a meaningful investigation.

(4) the number and types of disciplinary action including, but not limited to, letters of reprimand, suspensions with or without pay and dismissals, stemming from each type of sustained complaint;

(5) trends in types of complaints received and sustained.

(D) As used in subsection (C), 'complaint' means a signed or anonymous report received by the Highway Patrol Division or State Police Division regarding the conduct of a Highway Patrol officer or a State Police officer or of an incident, pattern, or practice of conduct that deprives a person of rights, privileges, or immunities secured or protected by the State or the United States Constitution or a law of the State.

(E) The annual report required pursuant to subsection (C) shall respect privacy concerns and shall not include personal identifying information regarding officers or troopers, complainants, or other participants in a particular complaint, other than that information required by subsection (C)."

SECTION 2. This act takes effect upon approval by the Governor and is repealed on July 1, 2005.

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