H 4129  General Bill, By Rutherford
 A BILL TO AMEND SECTION 56-5-6560, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE COLLECTION OF CERTAIN DATA ABOUT THE DRIVER OF A MOTOR VEHICLE
 BY A LAW ENFORCEMENT OFFICER WHO STOPS A MOTOR VEHICLE AND DOES NOT ISSUE A
 CITATION OR MAKE AN ARREST, AND THE DEVELOPMENT OF A DATABASE CONTAINING THE
 INFORMATION COLLECTED BY THE OFFICER, SO AS TO PROVIDE THIS PROVISION APPLIES
 ALSO TO A MOTOR VEHICLE STOP WHERE AN OFFICER ISSUES A CITATION OR MAKES AN
 ARREST AND TO REVISE THE PROVISION THAT REQUIRES COMMITTEES OF THE GENERAL
 ASSEMBLY TO REVIEW THE PROVISIONS CONTAINED IN THIS SECTION.
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   02/27/19  House  Introduced and read first time (House Journal-page 64)
   02/27/19  House  Referred to Committee on Judiciary
                     (House Journal-page 64)

TO AMEND SECTION 56-5-6560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF CERTAIN DATA ABOUT THE DRIVER OF A MOTOR VEHICLE BY A LAW ENFORCEMENT OFFICER WHO STOPS A MOTOR VEHICLE AND DOES NOT ISSUE A CITATION OR MAKE AN ARREST, AND THE DEVELOPMENT OF A DATABASE CONTAINING THE INFORMATION COLLECTED BY THE OFFICER, SO AS TO PROVIDE THIS PROVISION APPLIES ALSO TO A MOTOR VEHICLE STOP WHERE AN OFFICER ISSUES A CITATION OR MAKES AN ARREST AND TO REVISE THE PROVISION THAT REQUIRES COMMITTEES OF THE GENERAL ASSEMBLY TO REVIEW THE PROVISIONS CONTAINED IN THIS SECTION.

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

SECTION    1.    Section 56-5-6560(A) and (D) of the 1976 Code is amended to read:

"(A)    Any time a motor vehicle is stopped by a state or local law enforcement officer with or without a citation being issued or an arrest being made, the officer who initiated the stop must complete a data collection form designed by the Department of Public Safety that must include information regarding the age, gender, and race or ethnicity of the driver of the vehicle. This information may be gathered and transmitted electronically under the supervision of the department which shall develop and maintain a database storing the information collected. The department must promulgate rules and regulations with regard to the collection and submission of the information gathered.

(D)    This section must be reviewed by the Senate Transportation Committee and the House of Representatives Education and Public Works Committee during the 2010 Session of the General Assembly biennially beginning 2020. The committees must conduct a hearing, consider the data, and take testimony during the legislative session in which the report is received. If the report is received while the legislature is not in session, the committees shall hold their hearings during the next legislative session. Both committees shall make a complete report setting forth recommendations of appropriate changes, if any, to this section existing law before the end of the 2010 session."

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