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COMMITTEE REPORT
April 9, 2003
H. 3212
S. Printed 4/9/03--H.
Read the first time January 14, 2003.
To whom was referred a Bill (H. 3212) to amend Section 23-6-435, Code of Laws South Carolina, 1976, relating to required Continuing Law Enforcement Education Credits in domestic violence, so as to also, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, Section 23-6-435, page 2, immediately after line 13, by inserting:
/(D) The requirement for law enforcement officers to complete continuing education credits in vulnerable adult abuse does not take effect until funding becomes available./
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
EXPLANATION OF IMPACT:
The Department of Public Safety states that this bill will cost $87,630 in additional agency expenses associated with law enforcement training throughout the State in the areas of elder abuse, facility investigation and battered elderly and women. Recurring costs would include $59,630 for salary and fringe for a Criminology Instructor II and $8,000 for training material production. Non-recurring cost of $20,000 would be needed for printing of 10,000 copies of basic material.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 23-6-435, CODE OF LAWS SOUTH CAROLINA, 1976, RELATING TO REQUIRED CONTINUING LAW ENFORCEMENT EDUCATION CREDITS IN DOMESTIC VIOLENCE, SO AS TO ALSO REQUIRE CREDITS IN VULNERABLE ADULT ABUSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 6, Title 23 of the 1976 Code, as added by Act 379 of 2000, is amended to read:
"Section 23-6-435. (A) A law enforcement officer who is Class 1-LE certified in this State is required to shall complete Continuing Law Enforcement Education Credits (CLEEC) in domestic violence and also in vulnerable adult abuse each year of a three-year recertification period. The number of required annual CLEEC hours in domestic violence and in vulnerable adult abuse shall must be determined by the South Carolina Criminal Justice Academy Division of the Department of Public Safety but must be included in the forty CLEEC hours required over the three-year recertification period. The training must be provided or approved by the South Carolina Criminal Justice Academy and must include, but is not limited to, the following curriculum: responding to crime scenes, Fourth Amendment issues, incident report writing, mutual restraining orders, orders of protection, determining primary aggressors, dual arrests, victim and offender dynamics, victims' resources, victims' rights issues, interviewing techniques, criminal domestic violence courts, courts with jurisdiction over vulnerable adult abuse, victimless prosecution, offender treatment programs, and recognizing special needs populations.
(B) The Department of Public Safety shall develop guidelines to provide for an exemption from the requirement of certain Class 1-LE certified law enforcement officers whose job responsibilities may not include responding to domestic violence or vulnerable adult abuse cases from completing CLEEC hours in domestic violence or vulnerable adult abuse each year. The request for an exemption must be made by the chief executive officer of the law enforcement officer's employing agency. A waiver or exemption from domestic violence or vulnerable adult abuse training must may not reduce the forty CLEEC hours required over the three-year period.
(C) For purposes of this section, 'vulnerable adult' has the same meaning as provided for in Section 43-35-10."
SECTION 2. This act takes effect upon approval by the Governor.
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