S*0704(Rat #0267, Act #0252 of 2000)  General Bill, By Holland and Grooms
 A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING ARTICLE 5 SO AS TO
 AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH
 CRITERIA, POWERS, DUTIES, TRAINING REQUIREMENTS AND PROGRAMS FOR THE
 COMMISSIONING OF FORMER LAW ENFORCEMENT OFFICERS OF THE DEPARTMENT TO RECEIVE
 A DEPARTMENT OF PUBLIC SAFETY SPECIAL CONSTABLE COMMISSION; TO AMEND SECTION
 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO AUTHORIZE
 A COMMISSIONED OFFICER OR UNIFORMED OFFICER TO MAKE TRAFFIC STOPS UNDER
 CERTAIN CONDITIONS; AND TO AMEND SECTION 1-11-140, AS AMENDED, RELATING TO THE
 AUTHORIZATION OF THE STATE BUDGET AND CONTROL BOARD, THROUGH THE OFFICE OF
 INSURANCE SERVICES, TO PROVIDE INSURANCE, SO AS TO AUTHORIZE THE BOARD TO
 PROVIDE TORT LIABILITY INSURANCE FOR STATE CONSTABLES, INCLUDING VOLUNTEER
 STATE CONSTABLES WHILE SERVING IN A LAW ENFORCEMENT CAPACITY.-AMENDED TITLE

   04/08/99  Senate Introduced and read first time SJ-4
   04/08/99  Senate Referred to Committee on Judiciary SJ-4
   04/21/99  Senate Committee report: Favorable with amendment
                     Judiciary SJ-12
   04/22/99  Senate Amended SJ-33
   04/22/99  Senate Read second time SJ-33
   04/22/99  Senate Ordered to third reading with notice of
                     amendments SJ-33
   04/27/99  Senate Read third time and sent to House SJ-20
   04/27/99  House  Introduced and read first time HJ-84
   04/27/99  House  Referred to Committee on Judiciary HJ-84
   05/26/99  House  Committee report: Favorable with amendment
                     Judiciary HJ-6
   05/27/99  House  Amended HJ-34
   05/27/99  House  Read second time HJ-35
   05/27/99  House  Unanimous consent for third reading on next
                     legislative day HJ-35
   05/28/99  House  Read third time and returned to Senate with
                     amendments HJ-2
   06/02/99  Senate House amendment amended SJ-13
   06/02/99  Senate Returned to House with amendments SJ-13
   06/03/99  House  Debate adjourned HJ-45
   06/03/99  House  Non-concurrence in Senate amendment HJ-18
   06/03/99  Senate Senate insists upon amendment and conference
                     committee appointed Sens. Saleeby, Ford, Hutto SJ-16
   06/03/99  House  Conference committee appointed Reps. D. Smith,
                     Harrison and McGee HJ-125
   06/22/99  House   Rep. Jennings replaces Rep. Harrison on
                     conference committee HJ-3
   04/05/00  House  Conference report received and adopted HJ-37
   04/05/00  Senate Conference report received and adopted SJ-8
   04/05/00  House  Ordered enrolled for ratification HJ-65
   04/26/00         Ratified R 267
   04/26/00         Signed By Governor
   04/26/00         Effective date 04/26/00
   05/12/00         Copies available
   05/16/00         Act No. 252

AN ACT TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH CRITERIA, POWERS, DUTIES, TRAINING REQUIREMENTS AND PROGRAMS FOR THE COMMISSIONING OF FORMER LAW ENFORCEMENT OFFICERS OF THE DEPARTMENT TO RECEIVE A DEPARTMENT OF PUBLIC SAFETY SPECIAL CONSTABLE COMMISSION; TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO AUTHORIZE A COMMISSIONED OFFICER OR UNIFORMED OFFICER TO MAKE TRAFFIC STOPS UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 1-11-140, AS AMENDED, RELATING TO THE AUTHORIZATION OF THE STATE BUDGET AND CONTROL BOARD, THROUGH THE OFFICE OF INSURANCE SERVICES, TO PROVIDE INSURANCE, SO AS TO AUTHORIZE THE BOARD TO PROVIDE TORT LIABILITY INSURANCE FOR STATE CONSTABLES, INCLUDING VOLUNTEER STATE CONSTABLES WHILE SERVING IN A LAW ENFORCEMENT CAPACITY.

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

Department of Public Safety Special Constable

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

"Article 5

Section 23-6-200. For purposes of this article:

(1) 'Former law enforcement officer' means:

(a) an officer who was previously commissioned by the Governor and who during his law enforcement career worked for the department;

(b) an officer who was commissioned by the Governor, and whose agency, office, or unit was transferred to the department pursuant to governmental restructuring, including former retired officers;

(c) an officer who was previously commissioned by the Governor whose agency, office, or unit was transferred to the department pursuant to governmental restructuring or any subsequent restructuring, including former retired officers; or

(d) other formerly commissioned law enforcement officers or retired officers in good standing from any law enforcement agency, state constables, or volunteer state constables serving without compensation whose appointment is certified by the State Law Enforcement Division as having completed the requisite training to maintain an active commission.

(2) 'Department of Public Safety Special Constable' means a commission authorized by the department for a former law enforcement officer as defined in item (1).

(3) 'Director' means the chief administrative officer of the Department of Public Safety.

(4) 'Department' means Department of Public Safety.

Section 23-6-210. (A) The director is authorized to establish programs for the commissioning of former law enforcement officers of the department. An individual commissioned pursuant to this section shall receive a Department of Public Safety Special Constable commission.

(B) The powers and duties of these special constables shall be determined by the director and specified in writing, and individuals commissioned pursuant to this section shall be subject to removal by the director at any time. Before assuming their duties, special constables shall take the oath of office required by law and successfully complete a course of training specified by the director.

(C) A constable shall be entitled to enforce the laws of this State and exercise the duties of his office throughout the State except as may be limited in subsection (B).

(D) The course of training required in subsection (B) does not apply to former officers holding a valid commission issued by another agency or governmental entity, except that all officers shall meet any annual continuing training requirements established by the director in order to maintain their commissions.

Section 23-6-220. (A) Constables may not receive compensation including, but not limited to, salary for services rendered absent specific statutory authorization.

(B) Any uniforms and equipment issued by the department shall remain the property of the department, but may, in the discretion of the director, be entrusted to the care and control of the constables. A constable assisting a full-time department law enforcement officer shall wear uniforms or other insignia which identify the constable as a special law enforcement officer assisting the department.

(C) Workers' compensation benefits may be provided on an as needed basis for special constables by the director in the same manner as benefits are provided for full-time officers. For purposes of compensation or benefits arising from duty-related injury or death, special constables shall be considered as employees of the department.

Section 23-6-230. Identification cards registering a special constable must be issued by the Department of Public Safety for all individuals commissioned pursuant to this article.

Section 23-6-240. Notwithstanding any other provision of law, constables who have received the required training shall be authorized by the director to carry pistols on and about their persons unless otherwise restricted by the director in writing. However, the director, after hearing and for cause, may deny such privilege to any constable pursuant to this section who is guilty of using his pistol at any time in a manner inconsistent with accepted law enforcement procedures as determined by the director or who has been convicted of any crime for which a penalty of imprisonment for more than one year may be imposed. The term 'conviction' shall include a plea of guilty, a plea of nolo contendere, or forfeiture of bail."

Officer may stop vehicle

SECTION 2. Section 23-6-145 of the 1976 Code, as added by Act 459 of 1996, is amended to read:

"Section 23-6-145. A commissioned officer or a uniformed officer of the department may, upon reasonable belief that any vehicle is being operated in violation of any provision of statutory law, require the driver thereof to stop and exhibit the registration card issued for the vehicle, the individual's driver's license, and submit to an inspection of such vehicle and license."

Insurance for constables

SECTION 3. Section 1-11-140 of the 1976 Code, as last amended by Part II, Section 87 of Act 145 of 1995, is further amended by adding an appropriately lettered subsection to read:

"( ) The board, through the Office of Insurance Services, is further authorized to provide insurance for state constables, including volunteer state constables, to protect these personnel against tort liability arising in the course of their employment, whether or not for compensation, while serving in a law enforcement capacity."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 26th day of April, 2000.

Approved the 26th day of April, 2000.