Current Status Introducing Body:House Bill Number:4100 Primary Sponsor:Rudnick Committee Number:27 Type of Legislation:GB Subject:Law officers, basic training Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Date Tabled:19940118 Computer Document Number:DKA/4465AL.93 Introduced Date:19930414 Last History Body:House Last History Date:19940118 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:Rudnick Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4100 House 19940118 Tabled in Committee 27
4100 House 19930414 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 PROVIDE THAT NO PERSON MAY BE EMPLOYED AS A LAW ENFORCEMENT OFFICER UNTIL TRAINING IS COMPLETED.
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."
SECTION 2. This act takes effect upon approval by the Governor.