H*4387 Session 121 (2015-2016)
H*4387(Rat #0303, Act #0264 of 2016) General Bill, By Bamberg, Henegan,
Clyburn, Pitts, Cobb-Hunter and Whipper
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
23-1-245 SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY, DEPARTMENT, OR
DIVISION MAY NOT REQUIRE A LAW ENFORCEMENT OFFICER TO ISSUE A SPECIFIC AMOUNT
OR MEET A QUOTA FOR THE NUMBER OF CITATIONS ISSUED, TO PROVIDE THAT A LAW
ENFORCEMENT AGENCY, DEPARTMENT, OR DIVISION MAY EVALUATE AN OFFICER'S
PERFORMANCE BASED ON THE OFFICER'S POINTS OF CONTACT, TO ESTABLISH THAT AN
OFFICER WHO ALLEGES A VIOLATION OF THE PROVISIONS OF THIS SECTION IS PROTECTED
BY THE PROVISIONS CONTAINED IN CHAPTER 27 OF TITLE 8, AND TO DEFINE NECESSARY
TERMS. - ratified title
12/03/15 House Prefiled
12/03/15 House Referred to Committee on Judiciary
01/12/16 House Introduced and read first time (House Journal-page 50)
01/12/16 House Referred to Committee on Judiciary
(House Journal-page 50)
01/14/16 House Member(s) request name added as sponsor: Pitts
04/20/16 House Committee report: Favorable with amendment
Judiciary (House Journal-page 357)
04/26/16 House Member(s) request name added as sponsor: Whipper
04/26/16 House Amended (House Journal-page 144)
04/26/16 House Read second time (House Journal-page 144)
04/26/16 House Roll call Yeas-99 Nays-0 (House Journal-page 45)
04/27/16 House Read third time and sent to Senate
(House Journal-page 19)
04/28/16 Senate Introduced and read first time (Senate Journal-page 7)
04/28/16 Senate Referred to Committee on Judiciary
(Senate Journal-page 7)
05/24/16 Senate Committee report: Favorable with amendment Judiciary
05/25/16 Scrivener's error corrected
06/01/16 Senate Committee Amendment Adopted (Senate Journal-page 45)
06/01/16 Senate Read second time (Senate Journal-page 45)
06/01/16 Senate Roll call Ayes-41 Nays-0 (Senate Journal-page 45)
06/02/16 Scrivener's error corrected
06/02/16 Senate Read third time and returned to House with
amendments (Senate Journal-page 58)
06/02/16 House Concurred in Senate amendment and enrolled
(House Journal-page 78)
06/02/16 House Roll call Yeas-97 Nays-2 (House Journal-page 78)
06/06/16 Ratified R 303
06/09/16 Signed By Governor
06/15/16 Effective date 06/09/16
06/16/16 Act No. 264
H. 4387
(A264, R303, H4387)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-245 SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY, DEPARTMENT, OR DIVISION MAY NOT REQUIRE A LAW ENFORCEMENT OFFICER TO ISSUE A SPECIFIC AMOUNT OR MEET A QUOTA FOR THE NUMBER OF CITATIONS ISSUED, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY, DEPARTMENT, OR DIVISION MAY EVALUATE AN OFFICER'S PERFORMANCE BASED ON THE OFFICER'S POINTS OF CONTACT, TO ESTABLISH THAT AN OFFICER WHO ALLEGES A VIOLATION OF THE PROVISIONS OF THIS SECTION IS PROTECTED BY THE PROVISIONS CONTAINED IN CHAPTER 27 OF TITLE 8, AND TO DEFINE NECESSARY TERMS.
Be it enacted by the General Assembly of the State of South Carolina:
Law enforcement, quotas prohibited
SECTION 1. Chapter 1, Title 23 of the 1976 Code is amended by adding:
"Section 23-1-245. (A) A law enforcement agency, department, or division may not require a law enforcement officer employed by the agency, department, or division to issue a specific amount or meet a quota for the number of citations he issues during a designated period of time.
(B) Nothing in this section shall prohibit a law enforcement agency, department, or division from evaluating an officer's performance based on the officer's points of contact.
(C) An employee of a law enforcement agency, department, or division who files a report with an appropriate authority alleging a violation of the provisions contained in this section is protected by the provisions contained in Chapter 27, Title 8.
(D) As contained in this section:
(1) 'law enforcement agency, department, or division' includes, but is not limited to, municipal police departments, sheriff departments, the Highway Patrol, SLED, and other agencies that enforce state and local laws;
(2) 'quota' means a fixed or predetermined amount;
(3) 'points of contact' means a law enforcement officer's interaction with citizens and businesses within their jurisdictions and the law enforcement officer's involvement in community-oriented initiatives."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 6th day of June, 2016.
Approved the 9th day of June, 2016.
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