H 3409  General Bill, By King, Robinson and J.L.Johnson
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 23-1-250 SO AS TO CREATE A "POLICE BRUTALITY CITIZENS REVIEW COMMITTEE" IN
 EVERY COUNTY TO INVESTIGATE INSTANCES OF ALLEGED POLICE BRUTALITY AND PUBLISH
 A REPORT, TO DESIGNATE THE EVIDENCE AVAILABLE FOR THE COMMITTEE'S REVIEW, TO
 PROVIDE FOR THE COMPOSITION OF THE COMMITTEE, AND TO PROVIDE FOR THE FILLING
 OF VACANCIES ON THE COMMITTEE.

   12/09/20  House  Prefiled
   12/09/20  House  Referred to Committee on Judiciary
   01/12/21  House  Introduced and read first time (House Journal-page 49)
   01/12/21  House  Referred to Committee on Judiciary
                     (House Journal-page 49)
   01/14/21  House  Member(s) request name added as sponsor: J.L.Johnson

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-250 SO AS TO CREATE A "POLICE BRUTALITY CITIZENS REVIEW COMMITTEE" IN EVERY COUNTY TO INVESTIGATE INSTANCES OF ALLEGED POLICE BRUTALITY AND PUBLISH A REPORT, TO DESIGNATE THE EVIDENCE AVAILABLE FOR THE COMMITTEE'S REVIEW, TO PROVIDE FOR THE COMPOSITION OF THE COMMITTEE, AND TO PROVIDE FOR THE FILLING OF VACANCIES ON THE COMMITTEE.

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

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

    "Section 23-1-250.    (A)    Each county must establish a citizens review committee that must be known as 'Police Brutality Citizens Review Committee' to investigate instances of alleged police brutality occurring within each county's jurisdiction.

    (B)    Each county's Police Brutality Citizens Review Committee must:

        (1)    document every instance of alleged police brutality occurring within its county's jurisdiction;

        (2)    conduct an independent investigation into the instance of alleged police brutality; and

        (3)    produce a final report concerning the findings of the investigation into the allegation of police brutality to be provided to the county's governing body, the county's legislative delegation, and the Director of the South Carolina Law Enforcement Division.

    (C)    In investigating instances of alleged police brutality, the Police Brutality Citizens Review Committee may:

        (1)    review any unedited and unredacted reports or investigations made by law enforcement regarding the incident including, but not limited to, body camera footage and other information which may not be released to the general public at the time of the investigation. If the committee reviews confidential information, it must maintain the confidentiality of that information; and

        (2)    take voluntary statements from parties involved in the incident and any witnesses.

    (D)    The Police Brutality Citizens Review Committee must be composed of five members, four members appointed by the county's governing body and one member appointed by the legislative delegation, to serve as the chair of the committee. The committee must represent the demographic makeup of its county. The committee members serve for a term of four years.

    (E)    Vacancies on the Police Brutality Citizens Review Committee must be filled for the remainder of the unexpired term in the manner of the original appointment."

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