South Carolina Legislature


 

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worn found 41 times.    Next
S*47
Session 121 (2015-2016) 

S*0047(Rat #0100, Act #0071 of 2015)  General Bill, By Malloy, Kimpson, Johnson, 
Pinckney, Thurmond, Setzler, Grooms, Lourie, McElveen, Allen, Shealy, Coleman, 
Campsen, Scott and Nicholson

Similar(H 3992) AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-240 SO AS TO DEFINE THE TERM "BODY-WORNNext CAMERA"; TO REQUIRE ALL STATE AND LOCAL LAW ENFORCEMENT OFFICERS TO IMPLEMENT THE USE OF BODY-PreviousWORNNext CAMERAS PURSUANT TO GUIDELINES ESTABLISHED BY THE LAW ENFORCEMENT TRAINING COUNCIL; TO REQUIRE STATE AND LOCAL LAW ENFORCEMENT AGENCIES TO SUBMIT POLICIES AND PROCEDURES RELATED TO THE USE OF BODY-PreviousWORNNext CAMERAS TO THE LAW ENFORCEMENT TRAINING COUNCIL FOR REVIEW, APPROVAL, OR DISAPPROVAL; TO ESTABLISH A "BODY-PreviousWORNNext CAMERAS FUND"; AND TO PROVIDE THAT DATA RECORDED BY A BODY-PreviousWORNNext CAMERA IS NOT SUBJECT TO DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT. - ratified title 12/03/14 Senate Prefiled 12/03/14 Senate Referred to Committee on Judiciary 01/13/15 Senate Introduced and read first time (Senate Journal-page 56) 01/13/15 Senate Referred to Committee on Judiciary (Senate Journal-page 56) 02/09/15 Senate Referred to Subcommittee: Hutto (ch), Corbin, Hembree, Young, Kimpson 04/22/15 Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 7) 04/28/15 Senate Read second time (Senate Journal-page 31) 04/29/15 Senate Committee Amendment Amended and Adopted (Senate Journal-page 31) 04/29/15 Senate Amended (Senate Journal-page 31) 04/29/15 Senate Read third time and sent to House (Senate Journal-page 31) 04/29/15 Senate Roll call Ayes-41 Nays-3 (Senate Journal-page 31) 04/30/15 House Introduced, read first time, placed on calendar without reference (House Journal-page 31) 05/06/15 House Requests for debate-Rep(s). Norrell, Quinn, Collins, Kirby, Gagnon, Thayer, Ott, Nanney, Gilliard, Daning, Norman, Hixon, Taylor, Corley, Wells, Pope, Kennedy, Felder, VS Moss, Southard, Toole, Tallon, Bannister, GR Smith, Hoisey, Clyburn, Forrester (House Journal-page 14) 05/07/15 House Debate adjourned until Tues., 5-19-15 (House Journal-page 58) 05/12/15 House Reconsidered (House Journal-page 52) 05/12/15 House Debate adjourned until Wed., 5-13-15 (House Journal-page 53) 05/13/15 House Amended (House Journal-page 32) 05/13/15 House Read second time (House Journal-page 32) 05/13/15 House Roll call Yeas-112 Nays-0 (House Journal-page 45) 05/14/15 House Read third time and returned to Senate with amendments (House Journal-page 22) 05/14/15 Scrivener's error corrected 05/20/15 Senate House amendment amended (Senate Journal-page 24) 05/20/15 Senate Roll call Ayes-43 Nays-0 (Senate Journal-page 24) 05/20/15 Senate Returned to House with amendments (Senate Journal-page 24) 05/26/15 House Non-concurrence in Senate amendment (House Journal-page 58) 05/26/15 House Roll call Yeas-3 Nays-99 (House Journal-page 58) 05/27/15 Senate Senate insists upon amendment and conference committee appointed Hembree, Malloy, Thurmond (Senate Journal-page 41) 05/28/15 House Conference committee appointed Pope, Gilliard, Tallon (House Journal-page 2) 06/04/15 House Conference report received and adopted (House Journal-page 14) 06/04/15 House Roll call Yeas-113 Nays-0 (House Journal-page 17) 06/04/15 Senate Conference report adopted (Senate Journal-page 59) 06/04/15 Senate Roll call Ayes-41 Nays-1 (Senate Journal-page 59) 06/04/15 Senate Ordered enrolled for ratification (Senate Journal-page 59) 06/04/15 Ratified R 100 06/10/15 Signed By Governor 06/17/15 Effective date 06/10/15 06/18/15 Act No. 71




S. 47

(A71, R100, S47)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-240 SO AS TO DEFINE THE TERM "BODY-PreviousWORNNext CAMERA"; TO REQUIRE ALL STATE AND LOCAL LAW ENFORCEMENT OFFICERS TO IMPLEMENT THE USE OF BODY-PreviousWORNNext CAMERAS PURSUANT TO GUIDELINES ESTABLISHED BY THE LAW ENFORCEMENT TRAINING COUNCIL; TO REQUIRE STATE AND LOCAL LAW ENFORCEMENT AGENCIES TO SUBMIT POLICIES AND PROCEDURES RELATED TO THE USE OF BODY-PreviousWORNNext CAMERAS TO THE LAW ENFORCEMENT TRAINING COUNCIL FOR REVIEW, APPROVAL, OR DISAPPROVAL; TO ESTABLISH A "BODY-PreviousWORNNext CAMERAS FUND"; AND TO PROVIDE THAT DATA RECORDED BY A BODY-PreviousWORNNext CAMERA IS NOT SUBJECT TO DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT.

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

Body-PreviouswornNext cameras, definition, guidelines and policies and procedures, fund, data release

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

"Section 23-1-240.    (A)    For purposes of this section, 'body-PreviouswornNext camera' means an electronic device PreviouswornNext on a person's body that records both audio and video data.

(B)    State and local law enforcement agencies, under the direction of the Law Enforcement Training Council, shall implement the use of body-PreviouswornNext cameras pursuant to guidelines established by the Law Enforcement Training Council.

(C)    Within one hundred eighty days after the effective date of this section, the Law Enforcement Training Council shall conduct a thorough study of the use, implementation procedures, costs, and other related aspects associated with body-PreviouswornNext cameras in jurisdictions with body-PreviouswornNext cameras currently in use or which begin their use during this period. The Law Enforcement Training Council shall develop guidelines for the use of body-PreviouswornNext cameras by state and local law enforcement agencies within one hundred eighty days of the effective date of this act. The guidelines must include, but are not limited to, specifying which law enforcement officers must wear body-PreviouswornNext cameras, when body-PreviouswornNext cameras must be PreviouswornNext and activated, restrictions on the use of body-PreviouswornNext cameras, the process to obtain consent of victims and witnesses before using body-PreviouswornNext cameras during an interview, the retention and release of data recorded by body-PreviouswornNext cameras, and access to the data recorded by body-PreviouswornNext cameras pursuant to subsection (G). The Law Enforcement Training Council shall provide the guidelines to state and local law enforcement agencies. The General Assembly may terminate all or part of the guidelines by resolution.

(D)    State and local law enforcement agencies shall develop policies and procedures for the use of body-PreviouswornNext cameras pursuant to the guidelines established by the Law Enforcement Training Council. The agencies shall submit the policies and procedures to the Law Enforcement Training Council within two hundred seventy days of the effective date of this act. The Law Enforcement Training Council shall review and approve or disapprove of the policies and procedures. If the Law Enforcement Training Council disapproves of the policies and procedures, the law enforcement agency shall modify and resubmit the policies and procedures. The Law Enforcement Training Council, by three hundred sixty days from the effective date of this section, shall submit a report to the General Assembly which must include recommendations for statutory provisions necessary to ensure the provisions of this section are appropriately and efficiently managed and carried out and the fiscal impact associated with the use of body-PreviouswornNext cameras as required by this section, updated continuously as necessary.

(E)(1)    A 'Body-PreviousWornNext Cameras Fund' is established within the Department of Public Safety for the purpose of assisting state and local law enforcement agencies, the Attorney General's office, solicitors' offices, and public defenders' offices in implementing the provisions of this section, including, but not limited to, the initial purchase, maintenance, and replacement of body-PreviouswornNext cameras and ongoing costs related to the maintenance and storage of data recorded by body-PreviouswornNext cameras. The Public Safety Coordinating Council shall oversee the fund, and shall, within one hundred eighty days of the effective date of this act, establish a process for the application for and disbursement of monies to state and local law enforcement agencies, the Attorney General's office, solicitors' offices, and public defenders' offices. The Public Safety Coordinating Council shall disburse the funds in a fair and equitable manner, taking into consideration priorities in funding.

(2)    Upon approval of a state or local law enforcement agency's policies and procedures by the Law Enforcement Training Council, the agency may apply to the Public Safety Coordinating Council for funding to implement the agency's use of body-PreviouswornNext cameras pursuant to this section, including, but not limited to, the initial purchase, maintenance, and replacement of body-PreviouswornNext cameras and ongoing costs related to the maintenance and storage of data recorded by body-PreviouswornNext cameras. A state or local law enforcement agency is not required to implement the use of body-PreviouswornNext cameras pursuant to this section until the agency has received full funding.

(F)    Nothing in this section prohibits a state or local law enforcement agency's use of body-PreviouswornNext cameras pursuant to the agency's existing policies and procedures and funding while the agency is awaiting receipt of the Law Enforcement Training Council's guidelines, approval of the agency's policies and procedures by the Law Enforcement Training Council, and funding from the Public Safety Coordinating Council. Such an agency is eligible to apply to the Public Safety Coordinating Council for reimbursement, including, but not limited to, the initial purchase, maintenance, and replacement of body-PreviouswornNext cameras and ongoing costs related to maintenance and storage of data recorded by body-PreviouswornNext cameras.

(G)(1)    Data recorded by a body-PreviouswornNext camera is not a public record subject to disclosure under the Freedom of Information Act.

(2)    The State Law Enforcement Division, the Attorney General, and a circuit solicitor may request and must receive data recorded by a body-PreviouswornNext camera for any legitimate criminal justice purpose.

(3)    A law enforcement agency, the State Law Enforcement Division, the Attorney General, or a circuit solicitor may release data recorded by a body-PreviouswornNext camera in its discretion.

(4)    A law enforcement agency may request and must receive data recorded by a body-PreviouswornNext camera if the recording is relevant to an internal investigation regarding misconduct or disciplinary action of a law enforcement officer.

(5)    In addition to the persons who may request and must receive data recorded by a body-Previousworn camera provided in item (2), the following are also entitled to request and receive such data pursuant to the South Carolina Rules of Criminal Procedure, the South Carolina Rules of Civil Procedure, or a court order:

(a)    a person who is the subject of the recording;

(b)    a criminal defendant if the recording is relevant to a pending criminal action;

(c)    a civil litigant if the recording is relevant to a pending civil action;

(d)    a person whose property has been seized or damaged in relation to, or is otherwise involved with, a crime to which the recording is related;

(e)    a parent or legal guardian of a minor or incapacitated person described in subitem (a) or (b); and

(f)    an attorney for a person described in subitems (a) through (e)."

Time effective

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

Ratified the 4th day of June, 2015.

Approved the 10th day of June, 2015.

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