Current Status Introducing Body:House Bill Number:3886 Primary Sponsor:Rhoad Committee Number:27 Type of Legislation:GB Subject:Law enforcement officers, basic training Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Date Tabled:19940118 Computer Document Number:DKA/4459AL.93 Introduced Date:19930407 Last History Body:House Last History Date:19940118 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:Rhoad Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
3886 House 19940118 Tabled in Committee 27
3886 House 19930407 Introduced, read first time, 27
referred to Committee
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TO AMEND SECTION 23-23-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT OFFICERS COMPLETING BASIC TRAINING, SO AS TO PROHIBIT EMPLOYMENT OF A PERSON AS A LAW ENFORCEMENT OFFICER UNTIL TRAINING IS COMPLETED; AND TO AMEND SECTION 23-23-50, AS AMENDED, RELATING TO CRITERIA FOR ISSUANCE OF LAW ENFORCEMENT TRAINING CERTIFICATE, SO AS TO DELETE THE REQUIREMENT FOR A HIGH SCHOOL DIPLOMA EQUIVALENT AND REDUCE THE AGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-23-40 of the 1976 Code, as last amended by Act 60 of 1989, is further amended to read:
"Section 23-23-40. Beginning July 1, 1993, no law enforcement officer person may be employed or appointed on or after July 1, 1989, as a law enforcement officer by any public law enforcement agency in this State is authorized to enforce the laws or ordinances of this State or any political subdivision thereof unless he has been certified as qualified by the council, except that any public law enforcement agency in this State may appoint or employ as a law enforcement officer, a person who is not certified if, within one year after the date of employment or appointment, the person secures certification from the council; provided, that if any public law enforcement agency employs or appoints as a law enforcement officer a person who is not certified, the person shall not perform any of the duties of a law enforcement officer involving the control or direction of members of the public or exercising the power of arrest until he has successfully completed a firearms qualification program approved by the council; and provided, further, that within three working days of employment the council must be notified by a public law enforcement agency that a person has been employed by that agency as a law enforcement officer, and within three working days of the notice the firearms qualification program as approved by the council must be provided to the newly hired personnel. If the firearms qualification program approved by the council is not available within three working days after receipt of the notice, then the public law enforcement agency making the request for the firearms qualification program may employ the person to perform any of the duties of a law enforcement officer, including those involving the control and direction of members of the public and exercising the powers of arrest. Should any such person fail to secure certification within one year from his date of employment, he may not perform any of the duties of a law enforcement officer involving control or direction of members of the public or exercising the power of arrest until he has been certified. He is not eligible for employment or appointment by any other agency in South Carolina as a law enforcement officer, nor is he eligible for any compensation by any law enforcement agency for services performed as an officer. Exceptions. An exception to the one-year rule may be granted by the council in these cases: (a) military leave or injury occurring during that first year which would preclude the receiving of training within the usual period of time, or (b) in the event of the timely filing of application for training, which application, under circumstances of time and physical limitations, cannot be honored by the training academy within the prescribed period, or (c) upon presentation of documentary evidence that the officer-candidate has successfully completed equivalent training in one of the other states which by law regulate and supervise the quality of police training and which require a minimum basic or recruit course of duration and content at least equivalent to that provided in this article or by standards set by the South Carolina Law Enforcement Training Council. A person who is not employed by a law enforcement agency and attends the training center shall pay the costs and fees."
SECTION 2. Section 23-23-50 of the 1976 Code, as last amended by Act 40 of 1991, is further amended to read:
"Section 23-23-50. (A) At the request of any public law enforcement agency of this State the council is hereby authorized to issue certificates and other appropriate indicia of compliance and qualification to law enforcement officers or other persons trained under the provisions of this article. Members of the council may individually or collectively visit and inspect any training school, class, or academy dealing with present or prospective law enforcement officers, and are expected to promote the most efficient and economical program for police training, including the maximum utilization of existing facilities and programs for the purpose of avoiding duplication. The council may, in its discretion, or upon request, may make recommendations to the General Assembly or to the Governor regarding the carrying out of the purposes, objectives, and intentions of this article or other acts relating to training in law enforcement.
(B) All city and county police departments, sheriffs' offices, state agencies, or other employers of law enforcement officers having such officers as candidates for certification shall submit to the council, for its confidential information and subsequent safekeeping, the following:
(1) an application under oath on a format prescribed by council;
(2) evidence satisfactory to the council that the candidate has completed high school and received a high school diploma, equivalency certificate (military or other) recognized and accepted by the South Carolina Department of Education or South Carolina special certificate;
(3) evidence satisfactory to council of the candidate's physical fitness to fulfill the duties of a law enforcement officer including:
(a) a copy of his medical history compiled by a licensed physician or medical examiner approved by the employer;
(b) a certificate of a licensed physician that the candidate has recently undergone a complete medical examination and the results thereof of the examination.
(4) evidence satisfactory to the council that applicant has not been convicted of any criminal offense that carries a sentence of one year or more or of any criminal offense that involves moral turpitude. Forfeiture of bond, a guilty plea, or a plea of nolo contendere is considered the equivalent of a conviction;
(5) evidence satisfactory to council that the candidate is a person of good character. This evidence must include, but is not limited to:
(a) certification by the candidate's employer or prospective employer that a background investigation has been conducted and the employer or prospective employer is of the opinion that the candidate is of good character;
(b) evidence satisfactory to council that the candidate holds a valid current South Carolina driver's license with no record during the previous five years for suspension of driver's license as a result of driving under the influence of alcoholic beverages or dangerous drugs, driving while impaired (or the equivalent), reckless homicide, involuntary manslaughter, or leaving the scene of an accident. Candidates for certification as Class II-SCO (Department of Corrections) in any county with a prison system that borders another State may hold a valid current driver's license issued by any jurisdiction of the United States;
(c) evidence satisfactory to council that a local credit check has been made with favorable results;
(d) evidence satisfactory to council that the candidate's fingerprint record as received from F.B.I. and S.L.E.D. indicates no record of felony convictions.
In the council's determination of good character, council it shall give consideration to all law violations, including traffic and conservation law convictions as indicating a lack of good character. The council also shall also give consideration to the candidate's prior history, if any, of alcohol and drug abuse in arriving at its determination of good character.
(6) a copy of candidate's photograph;
(7) a copy of candidate's fingerprints;
(8) evidence satisfactory to council that the candidate's present age is not less than twenty-one eighteen years. This evidence must include a birth certificate or another acceptable document;
(9) evidence satisfactory to council of successful completion of a course of law enforcement training as established and approved by the council, and conducted at an academy or institution approved by the council, this evidence to consist of a certificate granted by the approved institution.
(C) A certificate as a law enforcement officer issued by council will either expire three years from the date of issuance or upon discontinuance of employment by the officer with the employing entity or agency. The certification of any law enforcement officer issued by the council that is current on July 1, 1989, will expire in the year 1992 on the last day of the month during which it was issued, or upon discontinuance of employment with the employing entity or agency. Prior to Before the expiration of the certificate, the certificate may be renewed upon application presented to the council on a form prescribed by council. The application for renewal must be received by council at least forty-five days prior to before the expiration of the certificate. If the officer's certificate has lapsed, council may reissue the certificate after receipt of an application and if council is satisfied that the officer continues to meet the requirements of subsections (B)(1) through (B)(9).
(D) Council may accept for training as a law enforcement officer an applicant who has met requirements of subsections subsection (B)(1) through (B)(8)."
SECTION 3. This act takes effect upon approval by the Governor.