Bill 4354

                    Current Status

Bill Number:                    4354
Ratification Number:            342
Act Number:                     304
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19960109
Primary Sponsor:                Robinson 
All Sponsors:                   Robinson, Walker, Allison, D.
                                Smith, Simrill, Kirsh 
Drafted Document Number:        DKA\3370CM.96
Date Bill Passed both Bodies:   19960328
Date of Last Amendment:         19960321
Governor's Action:              S
Date of Governor's Action:      19960506
Subject:                        Reserve police officers

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

------  19960515  Act No. A304
------  19960506  Signed by Governor
------  19960430  Ratified R342
House   19960328  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  19960326  Read third time, returned to House
                  with amendment
Senate  19960321  Amended, read second time
Senate  19960320  Committee report: Favorable with         11 SJ
                  amendment
Senate  19960222  Introduced, read first time,             11 SJ
                  referred to Committee
House   19960221  Read third time, sent to Senate
House   19960220  Amended, read second time
House   19960214  Committee report: Favorable with         27 H3M
                  amendment
House   19960109  Introduced, read first time,             27 H3M
                  referred to Committee
House   19951213  Prefiled, referred to Committee          27 H3M

(A304, R342, H4354)

AN ACT TO AMEND SECTIONS 23-28-20 AND 23-28-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS AND THEIR POWERS AND DUTIES, SO AS TO REQUIRE AN AUXILIARY AND A RESERVE POLICE OFFICER TO BE ACCOMPANIED BY A FULL-TIME CERTIFIED SOUTH CAROLINA POLICE OFFICER OR A DEPUTY SHERIFF UNDER CERTAIN CIRCUMSTANCES, TO REQUIRE A RESERVE POLICE OFFICER TO BE IN PROXIMATE CONTACT WITH THE FULL-TIME OFFICER TO WHOM HE IS ASSIGNED, AND TO REQUIRE A CHIEF TO OBTAIN APPROVAL FROM CERTAIN OFFICIALS TO APPOINT RESERVE POLICE OFFICERS.

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

Reserve and auxiliary police officers

SECTION 1. Section 23-28-70 of the 1976 Code, as last amended by Act 85 of 1995, is further amended to read:

"Section 23-28-70. (A) 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 each month or sixty hours each quarter.

(B) Each reserve must be in proximate contact, by radio or another device, with the full-time officer to whom he is assigned.

(C) A person appointed as an auxiliary or reserve police officer after January 1, 1996, shall perform his duties while accompanied by a full-time, certified South Carolina police officer or deputy sheriff for a minimum of two hundred forty hours and receive the approval of the chief or sheriff before he may work as provided in subsection (B). Reserve or auxiliary officers serving before January 1, 1996, and who have at least two hundred forty hours of logged service time are exempt from this provision.

(D) Reserves shall not assume full-time duties of law enforcement officers without complying with all requirements for full-time officers.

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

Reserve police officers

SECTION 2. Section 23-28-20(A) of the 1976 Code, as last amended by Act 85 of 1995, is further amended to read:

"(A) The chief with the approval of the governing body or its chief operating officer or sheriff may appoint the 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."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 6th day of May, 1996.