Download This Bill in Microsoft Word format
Current Status Bill Number:View additional legislative information at the LPITS web site.
704Ratification Number: 267Act Number: 252Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19990408Primary Sponsor: HollandAll Sponsors: Holland and GroomsDrafted Document Number: l:\s-res\dhh\002reti.dmb.docDate Bill Passed both Bodies: 20000405Date of Last Amendment: 20000405Governor's Action: SDate of Governor's Action: 20000426Subject: Public Safety Department, special constable commission for former law enforcement officers; Tort liability insuranceHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000516 Act No. A252 ------ 20000426 Signed by Governor ------ 20000426 Ratified R267 House 20000405 Read third time, enrolled for ratification House 20000405 Conference Committee Report adopted 98 HCC Senate 20000405 Conference Committee Report adopted 88 SCC House 19990622 Appointed Rep. to Committee of 98 HCC Jennings Conference, replacing Rep. Harrison House 19990603 Conference powers granted, 98 HCC D. Smith appointed Reps. to Committee of Harrison Conference McGee Senate 19990603 Conference powers granted, 88 SCC Saleeby appointed Senators to Committee Ford of Conference Hutto Senate 19990603 Insists upon amendment House 19990603 Non-concurrence in Senate amendment House 19990603 Debate adjourned on Senate amendments Senate 19990602 House amendments amended, returned to House with amendment House 19990528 Read third time, returned to Senate with amendment House 19990527 Read second time, unanimous consent for third reading on the next Legislative day House 19990527 Amended House 19990526 Committee report: Favorable with 25 HJ amendment House 19990427 Introduced, read first time, 25 HJ referred to Committee Senate 19990427 Read third time, sent to House Senate 19990422 Read second time, ordered to third reading with notice of general amendments Senate 19990422 Committee amendment adopted Senate 19990421 Committee report: Favorable with 11 SJ amendment Senate 19990408 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on April 21, 1999 - Word format Revised on April 22, 1999 - Word format Revised on May 26, 1999 - Word format Revised on May 27, 1999 - Word format Revised on June 2, 1999 - Word format Revised on April 5, 2000 - Word format
(A252, R267, S704)
AN ACT TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH CRITERIA, POWERS, DUTIES, TRAINING REQUIREMENTS AND PROGRAMS FOR THE COMMISSIONING OF FORMER LAW ENFORCEMENT OFFICERS OF THE DEPARTMENT TO RECEIVE A DEPARTMENT OF PUBLIC SAFETY SPECIAL CONSTABLE COMMISSION; TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO AUTHORIZE A COMMISSIONED OFFICER OR UNIFORMED OFFICER TO MAKE TRAFFIC STOPS UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 1-11-140, AS AMENDED, RELATING TO THE AUTHORIZATION OF THE STATE BUDGET AND CONTROL BOARD, THROUGH THE OFFICE OF INSURANCE SERVICES, TO PROVIDE INSURANCE, SO AS TO AUTHORIZE THE BOARD TO PROVIDE TORT LIABILITY INSURANCE FOR STATE CONSTABLES, INCLUDING VOLUNTEER STATE CONSTABLES WHILE SERVING IN A LAW ENFORCEMENT CAPACITY.
Be it enacted by the General Assembly of the State of South Carolina:
Department of Public Safety Special Constable
SECTION 1. Chapter 6, Title 23 of the 1976 Code is amended by adding:
Section 23-6-200. For purposes of this article:
(1) 'Former law enforcement officer' means:
(a) an officer who was previously commissioned by the Governor and who during his law enforcement career worked for the department;
(b) an officer who was commissioned by the Governor, and whose agency, office, or unit was transferred to the department pursuant to governmental restructuring, including former retired officers;
(c) an officer who was previously commissioned by the Governor whose agency, office, or unit was transferred to the department pursuant to governmental restructuring or any subsequent restructuring, including former retired officers; or
(d) other formerly commissioned law enforcement officers or retired officers in good standing from any law enforcement agency, state constables, or volunteer state constables serving without compensation whose appointment is certified by the State Law Enforcement Division as having completed the requisite training to maintain an active commission.
(2) 'Department of Public Safety Special Constable' means a commission authorized by the department for a former law enforcement officer as defined in item (1).
(3) 'Director' means the chief administrative officer of the Department of Public Safety.
(4) 'Department' means Department of Public Safety.
Section 23-6-210. (A) The director is authorized to establish programs for the commissioning of former law enforcement officers of the department. An individual commissioned pursuant to this section shall receive a Department of Public Safety Special Constable commission.
(B) The powers and duties of these special constables shall be determined by the director and specified in writing, and individuals commissioned pursuant to this section shall be subject to removal by the director at any time. Before assuming their duties, special constables shall take the oath of office required by law and successfully complete a course of training specified by the director.
(C) A constable shall be entitled to enforce the laws of this State and exercise the duties of his office throughout the State except as may be limited in subsection (B).
(D) The course of training required in subsection (B) does not apply to former officers holding a valid commission issued by another agency or governmental entity, except that all officers shall meet any annual continuing training requirements established by the director in order to maintain their commissions.
Section 23-6-220. (A) Constables may not receive compensation including, but not limited to, salary for services rendered absent specific statutory authorization.
(B) Any uniforms and equipment issued by the department shall remain the property of the department, but may, in the discretion of the director, be entrusted to the care and control of the constables. A constable assisting a full-time department law enforcement officer shall wear uniforms or other insignia which identify the constable as a special law enforcement officer assisting the department.
(C) Workers' compensation benefits may be provided on an as needed basis for special constables by the director in the same manner as benefits are provided for full-time officers. For purposes of compensation or benefits arising from duty-related injury or death, special constables shall be considered as employees of the department.
Section 23-6-230. Identification cards registering a special constable must be issued by the Department of Public Safety for all individuals commissioned pursuant to this article.
Section 23-6-240. Notwithstanding any other provision of law, constables who have received the required training shall be authorized by the director to carry pistols on and about their persons unless otherwise restricted by the director in writing. However, the director, after hearing and for cause, may deny such privilege to any constable pursuant to this section who is guilty of using his pistol at any time in a manner inconsistent with accepted law enforcement procedures as determined by the director or who has been convicted of any crime for which a penalty of imprisonment for more than one year may be imposed. The term 'conviction' shall include a plea of guilty, a plea of nolo contendere, or forfeiture of bail."
Officer may stop vehicle
SECTION 2. Section 23-6-145 of the 1976 Code, as added by Act 459 of 1996, is amended to read:
"Section 23-6-145. A commissioned officer or a uniformed officer of the department may, upon reasonable belief that any vehicle is being operated in violation of any provision of statutory law, require the driver thereof to stop and exhibit the registration card issued for the vehicle, the individual's driver's license, and submit to an inspection of such vehicle and license."
Insurance for constables
SECTION 3. Section 1-11-140 of the 1976 Code, as last amended by Part II, Section 87 of Act 145 of 1995, is further amended by adding an appropriately lettered subsection to read:
"( ) The board, through the Office of Insurance Services, is further authorized to provide insurance for state constables, including volunteer state constables, to protect these personnel against tort liability arising in the course of their employment, whether or not for compensation, while serving in a law enforcement capacity."
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 26th day of April, 2000.
Approved the 26th day of April, 2000.
This web page was last updated on Wednesday, December 9, 2009 at 9:07 A.M.