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4106Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19990518Primary Sponsor: T. BrownAll Sponsors: T. BrownDrafted Document Number: l:\council\bills\ggs\22340cm99.docCompanion Bill Number: 778Residing Body: HouseCurrent Committee: Medical, Military, Public and Municipal Affairs Committee 27 H3MSubject: Highway patrol, state police; Public Safety Department report complaints against law enforcementHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990518 Introduced, read first time, 27 H3M referred to Committee Versions of This Bill
TO AMEND ARTICLE 3, CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHWAY PATROL DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY, BY ADDING SECTION 23-6-180 SO AS TO REQUIRE THE DEPARTMENT TO COLLECT, CORRELATE, AND MAINTAIN CERTAIN INFORMATION REGARDING TRAFFIC LAW ENFORCEMENT BY OFFICERS OF THE HIGHWAY PATROL AND OF THE STATE POLICE AND TO REQUIRE THE DEPARTMENT TO MAKE AN ANNUAL REPORT REGARDING COMPLAINTS MADE BY MEMBERS OF THE PUBLIC AGAINST OFFICERS OF THE HIGHWAY PATROL AND OF THE STATE POLICE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 6, Title 23 of the 1976 Code is amended by adding:
"Section 23-6-180. (A) The department shall collect, correlate, and maintain the following information regarding traffic law enforcement by officers of the Highway Patrol and of the State Police:
(1) the number of drivers stopped for traffic enforcement by officers of the Highway Patrol and of the State Police and whether or not a citation or warning was issued;
(2) identifying characteristics of the drivers stopped, including the race or ethnicity, age, and gender;
(3) the alleged traffic violation that led to the stop;
(4) whether the vehicle, personal effects, driver, or passengers were searched;
(5) the legal basis for the search, including whether consent was obtained, whether consent was written or oral, whether there was probable cause or reasonable suspicion to suspect that a crime had been committed, whether items were in plain view, or whether the search was incident to an arrest;
(6) whether contraband was found and the type and amount of contraband;
(7) whether a written citation or an oral or written warning was issued as a result of the stop;
(8) whether an arrest was made as a result of either the stop or the search;
(9) whether property was seized under forfeiture laws, with a description of that property;
(10) whether the officers making the stop encountered physical resistance from the driver or a passenger;
(11) whether the officers making the stop engaged in the use of force against the driver or a passenger;
(12) whether injuries resulted from the stop; and
(13) whether circumstances surrounding the stop were the subject of an investigation, and the results of that investigation.
(B) The information required by subsection (A) must not be collected in connection with driving under the influence checks, roadblocks, vehicle checks, or checkpoints that are consistent with the laws of this State and with the United States Constitution, except when those stops result in the issuance of a warning, search, seizure, arrest, or activity described in items (4) through (14) of subsection (A).
(C) The department shall compile and annually publish and make available to the public a report containing the following information regarding formal and informal complaints by members of the public against officers of the Highway Patrol and of the State Police:
(1) the number of complaints received by date, type, and location of incident by county;
(2) the gender, age, and race of the complainant when known, and of any officer or trooper involved in the complaint;
(3) the disposition for each type of complaint including, but not limited to, the following:
(a) Exonerated. The alleged incident did occur, but the actions of the officer were justified, legal, and proper;
(b) Sustained. The investigation disclosed sufficient evidence to prove the allegation;
(c) Not sustained. The investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation;
(d) Unfounded. The alleged incident did not occur or there is insufficient information to conduct a meaningful investigation.
(4) the number and types of disciplinary action including, but not limited to, letters of reprimand, suspension with or without pay and dismissal, stemming from each type of sustained complaint;
(5) trends in types of complaints received and sustained.
(D) As used in subsection (C), 'complaint' means a signed or anonymous report received by the Highway Patrol Division or State Police Division regarding the conduct of a Highway Patrol officer or a State Police officer or of an incident, pattern, or practice of conduct that deprives a person of rights, privileges, or immunities secured or protected by the State or the United States Constitution or a law of the State.
(E) The annual report required pursuant to subsection (C) shall respect privacy concerns and shall not include the name, badge number, or other identifying information regarding officers or troopers, complainants, or other participants in a particular complaint, other than that information required by subsection (C)."
SECTION 2. Section 23-6-180 of the 1976 Code is repealed on July 1, 2005.
SECTION 3. This act takes effect upon approval by the Governor.
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