S 0718 General Bill, By Wilson
 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 12 SO AS TO
 PROVIDE AN ADMINISTRATIVE DUE PROCESS PROCEDURE FOR A LAW ENFORCEMENT OFFICER
 WHO IS UNDER INVESTIGATION FOR ALLEGED IMPROPER CONDUCT, TO PROVIDE THAT A LAW
 ENFORCEMENT OFFICER IS NOT REQUIRED TO DISCLOSE HIS OR A MEMBER OF HIS
 HOUSEHOLD'S FINANCIAL RESOURCES AND EXPENDITURES, TO PROVIDE THAT WHEN CERTAIN
 PERSONNEL ACTIONS ARE BROUGHT AGAINST A LAW ENFORCEMENT OFFICER, THE OFFICER
 MUST BE NOTIFIED OF THE ACTION AND 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 CHIEF OF PUBLIC SAFETY SHALL
 NOT IMPOSE A PENALTY GREATER THAN A PENALTY RECOMMENDED BY A DEPARTMENTAL
 DISCIPLINARY COMMITTEE.

   04/14/99  Senate Introduced and read first time SJ-9
   04/14/99  Senate Referred to Committee on Judiciary SJ-9

TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING ARTICLE 12 SO AS TO PROVIDE AN ADMINISTRATIVE DUE PROCESS PROCEDURE FOR A LAW ENFORCEMENT OFFICER WHO IS UNDER INVESTIGATION FOR ALLEGED IMPROPER CONDUCT, TO PROVIDE THAT A LAW ENFORCEMENT OFFICER IS NOT REQUIRED TO DISCLOSE HIS OR A MEMBER OF HIS HOUSEHOLD'S FINANCIAL RESOURCES AND EXPENDITURES, TO PROVIDE THAT WHEN CERTAIN PERSONNEL ACTIONS ARE BROUGHT AGAINST A LAW ENFORCEMENT OFFICER, THE OFFICER MUST BE NOTIFIED OF THE ACTION AND 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 CHIEF OF PUBLIC SAFETY SHALL NOT IMPOSE A PENALTY GREATER THAN A PENALTY RECOMMENDED BY A DEPARTMENTAL DISCIPLINARY COMMITTEE.

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 an offense.

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

(3) 'Official departmental charge' means a written document from a law enforcement agency that notifies an accused law enforcement officer that he 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 with the authority to take disciplinary action against a law enforcement officer.

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

(1) adverse material must not be placed in his file, nor may his law enforcement agency possess or maintain control over any adverse material within his file, unless he has had the opportunity to review and comment in writing on the adverse material;

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

(3) he must be informed, at the beginning of an interrogation, of:

(a) the nature of the investigation;

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

(c) the identity of each person present during the interrogation;

(4) during his interrogation, questions must be asked by or through one interrogator;

(5) an interrogation of him in connection with an investigation must be for a reasonable period and must allow him reasonable periods of rest;

(6) threats, harassment, promises, or rewards must not be made to him in connection with an investigation to induce an answer to a question. A statement given by him must not be used in a subsequent criminal proceeding unless he has received a written grant of use and derivative use immunity or transactional immunity;

(7) an interrogation of another law enforcement officer in connection with an investigation against the law enforcement officer under investigation must be recorded fully. The law enforcement officer must be allowed to make an independent recording of his interrogation and have a witness chosen by him present. The witness must be an attorney or a member of the law enforcement agency that is not related to the matter under investigation;

(8) a formal proceeding which may result in disciplinary action against him must be held upon official departmental charges only;

(9) 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, or laws that were alleged to have been violated;

(10) his disciplinary hearing must be closed to the public, unless he requests in writing that the hearing is open to specific public individuals; and

(11) a formal proceeding which may result in penalizing him must not be filed 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 is not required to disclose his or a member of his household's:

(1) personal resources which include property, income, assets, debts; or

(2) 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 chief of public safety shall not impose a penalty greater than a penalty recommended by a departmental disciplinary committee."

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