South Carolina General Assembly
111th Session, 1995-1996

Bill 3135


                    Current Status

Bill Number:                    3135
Ratification Number:            138
Act Number:                     85
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19950110
Primary Sponsor:                Hodges
All Sponsors:                   Hodges, Tucker, Knotts, Inabinett,
                                Baxley and Whatley
Drafted Document Number:        PT\1505DW.95
Residing Body:                  19950601
Date of Last Amendment:         19950601
Governor's Action:              S
Date of Governor's Action:      19950612
Subject:                        Reserve police officers

History



Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19950612  Act No. A85
------  19950612  Signed by Governor
------  19950606  Ratified R138
House   19950601  Ordered enrolled for ratification
Senate  19950601  Conference Committee Report adopted      88 SCC
House   19950601  Conference Committee Report adopted      98 HCC
House   19950530  Conference powers granted,               98 HCC  Breeland
                  appointed Reps. to Committee of                  Waldrop
                  Conference                                       Whatley
Senate  19950529  Conference powers granted,               88 SCC  Cork
                  appointed Senators to Committee                  Gregory
                  of Conference                                    McConnell
Senate  19950529  Insists upon amendment
House   19950529  Non-concurrence in Senate amendment
Senate  19950524  Read third time, returned to House
                  with amendment
Senate  19950523  Amended, read second time
Senate  19950511  Committee report: Favorable with         11 SJ
                  amendment
Senate  19950425  Introduced, read first time,             11 SJ
                  referred to Committee
House   19950421  Read third time, sent to Senate
House   19950420  Unanimous consent for third
                  reading on the next Legislative day
House   19950420  Amended, read second time
House   19950412  Committee report: Favorable with         27 H3M
                  amendment
House   19950110  Introduced, read first time,             27 H3M
                  referred to Committee
House   19941221  Prefiled, referred to Committee          27 H3M

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A85, R138, H3135)

AN ACT TO AMEND SECTION 23-28-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CHIEF OF POLICE TO APPOINT RESERVE POLICE OFFICERS, SO AS TO AUTHORIZE THE SHERIFF TO APPOINT RESERVE POLICE OFFICERS AND TO AUTHORIZE THE CHIEF OR SHERIFF, WITH THE APPROVAL OF THE GOVERNING BODY, TO ALLOW FOR THE COMPENSATION OF THESE OFFICERS; TO AMEND SECTION 23-28-70, RELATING TO THE AUTHORITY OF RESERVES TO SERVE AND FUNCTION AS LAW ENFORCEMENT OFFICERS ONLY ON SPECIFIC ORDERS AND DIRECTIONS OF THE CHIEF OF POLICE, SO AS TO GIVE THIS AUTHORITY ALSO TO THE SHERIFF, TO DELETE THE REQUIREMENT THAT EACH RESERVE MUST BE IN APPROXIMATE CONTACT WITH A FULL-TIME OFFICER TO WHOM HE IS ASSIGNED AND TO REQUIRE THAT A RESERVE POLICE OFFICER MUST BE ACCOMPANIED BY A FULL-TIME CERTIFIED SOUTH CAROLINA POLICE OFFICER; TO AMEND SECTION 16-23-20, AS AMENDED, RELATING TO THE EXCEPTIONS FOR THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO AUTHORIZE A RESERVE POLICE OFFICER TO CARRY A PISTOL AND DELETE THE PROVISIONS WHICH LIMITED DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES TO THEIR TERRITORIAL JURISDICTIONS AND RESERVE POLICE OFFICERS WHILE SERVING AND FUNCTIONING AS LAW ENFORCEMENT OFFICERS FROM THE PROVISIONS OF THIS SECTION.

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

Appointment of reserve police officers

SECTION 1. Section 23-28-20 of the 1976 Code is amended to read:

"Section 23-28-20. (A) The chief or sheriff may appoint such number of reserve police officers as may be needed but not exceeding the number of regular full-time officers of his department. The number of full-time officers may not be decreased because of the institution or expansion of a reserve force. Each period of time reserves serve must be determined and specified by the chief or sheriff in writing. The powers and duties of reserves must be prescribed by the chief or sheriff and they are subject to removal by him at any time.

(B) The chief or sheriff, with the approval of the governing body, also shall allow for the compensation of reserve police officers for work done pursuant to Section 23-24-10 when compensation for approved public activities would be paid by a party other than the municipality or county. Reserve officers must be paid for approved public activities the same as off-duty police officers. Work performed for compensation must be in excess of the minimum logged service time required by Section 23-28-70. No additional training, beyond what is required for reserve police officers, is required for reserve police officers who receive compensation.

(C) Before assuming their duties reserves must:

(1) take the oath of office required by law;

(2) be bonded in an amount determined by the governing body of the county, municipality, or other political entity which may be not less than one thousand five hundred dollars;

(3) successfully complete a course of training specified by the South Carolina Law Enforcement Training Advisory Council and endorsed by the chief or sheriff who appoints them."

Reserves to function as law enforcement officers

SECTION 2. Section 23-28-70 of the 1976 Code is amended to read:

"Section 23-28-70. Reserves shall serve and function as law enforcement officers only on specific orders and directions of the chief or sheriff. To maintain status, reserves shall maintain a minimum logged service time of twenty hours per month or sixty hours per quarter.

While performing in any capacity as a reserve, a reserve police officer at all times must be accompanied by a full-time certified South Carolina police officer. Reserves shall in no case assume full-time duties of law enforcement officers without complying with all requirements for full-time officers.

Each department utilizing reserves shall have one full-time officer as coordinator-supervisor who must be responsible directly to the chief or sheriff."

Exception to prohibition on carrying concealed weapon

SECTION 3. Section 16-23-20(1) of the 1976 Code, as last amended by Section 274, Act 181 of 1993, is further amended to read:

"(1) Regular, salaried law enforcement officers and reserve police officers of a municipality or county of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, and deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 12th day of June, 1995.