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Bill 1134

                    Current Status

Bill Number:                      1134
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020320
Primary Sponsor:                  Reese
All Sponsors:                     Reese
Drafted Document Number:          l:\council\bills\ggs\22407cm02.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Law enforcement officers, administrative 
                                  due process procedure established for 
                                  complaints against


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020320  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT OFFICERS AND THE DEPARTMENT OF PUBLIC SAFETY, BY ADDING ARTICLE 12 SO AS TO PROVIDE AN ADMINISTRATIVE DUE PROCESS PROCEDURE FOR LAW ENFORCEMENT OFFICERS, TO PROVIDE THAT WHEN CERTAIN PERSONNEL ACTIONS ARE BROUGHT AGAINST A LAW ENFORCEMENT OFFICER, THE OFFICER MUST BE NOTIFIED OF THE ACTION AND BE GIVEN AN OPPORTUNITY TO PREPARE A RESPONSE TO THE ACTION, TO PROVIDE THAT A LAW ENFORCEMENT OFFICER WHO IS FOUND GUILTY OF AN OFFICIAL DEPARTMENTAL CHARGE MAY APPEAL THE DECISION TO THE COURT OF GENERAL SESSIONS, TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MUST NOT BE PENALIZED FOR PURSUING HIS RIGHTS AS CONTAINED IN THIS ARTICLE, TO PROVIDE THAT AN OFF-DUTY LAW ENFORCEMENT OFFICER MAY ENGAGE IN POLITICAL ACTIVITY, AND TO PROVIDE THAT A SHERIFF, CHIEF OF POLICE, OR DIRECTOR OF PUBLIC SAFETY SHALL NOT IMPOSE A PENALTY GREATER THAN A PENALTY RECOMMENDED BY A DEPARTMENTAL DISCIPLINARY COMMITTEE OR BOARD UPON A LAW ENFORCEMENT OFFICER.

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

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

Section 23-6-605. For the purposes of this article:

(1) 'Law enforcement officer' means a public servant legally vested with a duty to maintain order or to make an arrest for a criminal offense.

(2) 'Complainant' means a person who provides information that constitutes the basis for official departmental charges alleging improper conduct.

(3) 'Official departmental charges' means a written document from a law enforcement agency that notifies an accused law enforcement officer that the law enforcement officer has been charged with misconduct and contains a statement of the alleged charge.

(4) 'Formal proceeding' means a proceeding heard before a departmental disciplinary committee or board with the authority to make recommendations of disciplinary action against a law enforcement officer.

Section 23-6-610. (A) When a law enforcement officer is under investigation for alleged improper conduct which may result in his termination, demotion, or another disciplinary action that may cause the loss of pay or status:

(1) all adverse material must be placed in the officer's personnel file located within the employing agency; the agency must possess, or maintain control over any adverse material within the file. The law enforcement officer shall have a right to review all adverse material contained in his personnel file and make written comments about the material that must be maintained in his personnel file;

(2) an interview of the officer must be conducted in either the office of the investigating officer, the location where the law enforcement officer reports for duty, or at another location as determined by the investigating officer and the law enforcement officer;

(3) the law enforcement officer must be informed, at the beginning of an interview relating to the investigation of:

(a) his applicable Garrity or Miranda rights;

(b) the nature of the investigation;

(c) the identity and authority of the person conducting the investigation; and

(d) the identity of each person present during the interview.

(B) During an interview relating to the investigation pursuant to this article, questions must be asked by or through one investigator. The interview must be for a reasonable period of time and must allow for reasonable periods of rest.

(C) Threats, harassment, promises, or rewards must not be made to the officer in connection with an investigation to induce an answer to a question. A statement given by the officer must not be used in a subsequent criminal proceeding unless applicable Garrity or Miranda warnings have been provided.

(D) An interview of another law enforcement officer in connection with an investigation against a law enforcement officer must be recorded fully.

(E) A formal proceeding which may result in disciplinary action against a law enforcement officer must be held upon official departmental charges only, unless the officer has committed a crime and applicable Garrity or Miranda warnings have been given.

(F) An official departmental charge must specify the conduct that is alleged to be improper, the date and time of the alleged misconduct, the witnesses who provided information that resulted in the departmental charge, and the rules, regulations, orders, and laws that were alleged to have been violated.

(G) A law enforcement officer's hearing must be closed to the public.

(H) A formal proceeding which may result in penalizing the law enforcement officer must not be commenced unless the complainant has signed an affidavit or the departmental investigator can verify his allegations through an independent source.

Section 23-6-615. A law enforcement officer who is under investigation pursuant to this article is not required to disclose his personal resources which include property, income assets, debts, and expenditures.

Section 23-6-620. When a personnel action is brought against a law enforcement officer that may result in his loss of compensation, benefits, or status, he must be notified of the action in writing and given a reasonable opportunity to prepare a response to the action.

Section 23-6-625. A law enforcement officer who is found guilty of an official departmental charge may appeal the decision to the court of General Sessions.

Section 23-6-630. A law enforcement officer must not be penalized for pursuing his rights as contained in this article.

Section 23-6-635. An off-duty law enforcement officer may engage in political activity and must not be denied the right to refrain from engaging in political activity.

Section 23-6-640. A sheriff, chief of police, or director of public safety shall not impose a penalty upon a law enforcement officer greater than the penalty recommended by a departmental disciplinary committee."

SECTION 2. This act takes effect upon approval by the Governor.

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