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April 6, 2000
S. Printed 4/6/00--S. [SEC 4/10/00 4:41 PM]
Read the first time April 6, 2000.
TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT, BY ADDING CHAPTER 20, SO AS TO ENACT THE "LAW ENFORCEMENT ASSISTANCE AND SUPPORT ACT" BY PERMITTING LAW ENFORCEMENT AGENCIES OF THIS STATE TO ENTER INTO CONTRACTUAL AGREEMENTS FOR LAW ENFORCEMENT SUPPORT SERVICES UNDER CERTAIN CONDITIONS, TO REQUIRE THESE CONTRACTS TO INCLUDE CERTAIN PROVISIONS RELATING TO THE SERVICES PROVIDED, TO REQUIRE THAT OFFICERS OF THE LAW ENFORCEMENT PROVIDER BE UNDER THE IMMEDIATE CONTROL AND SUPERVISION OF THE CONTRACTING AGENCY, AND TO ALLOW THE GOVERNOR TO WAIVE THE CONTRACTUAL REQUIREMENTS OF THIS CHAPTER DURING A NATURAL DISASTER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 23 of the 1976 Code is amended by adding:
Section 23-20-10. This chapter may be cited as the 'Law Enforcement Assistance and Support Act'.
Section 23-20-20. As used in this chapter:
(1) 'Law enforcement agency' means any state, county, municipal, or local law enforcement authority that enters into a contractual agreement for law enforcement support services.
(2) 'Law enforcement provider' means any in-state or out-of-state law enforcement agency that provides law enforcement services to a law enforcement agency pursuant to this chapter.
(3) 'Law enforcement services' means any law enforcement assistance or service for which a fee is paid based on a contractual agreement.
Section 23-20-30. The General Assembly recognizes the need to promote public safety and further recognizes that there may be situations where additional law enforcement officers are needed to maintain the public peace and welfare. Therefore, the General Assembly authorizes a law enforcement agency of this State to enter into contractual agreements with other law enforcement providers as may be necessary for the proper and prudent exercise of public safety functions. Public safety functions include traditional public safety activities which are performed over a specified time period for patrol services, crowd control and traffic control, and other emergency service situations. All contractual agreements shall adhere to the requirements contained in Section 23-20-40.
Section 23-20-40. All written contractual agreements for law enforcement services must include:
(a) a statement of the specific services to be provided;
(b) specific language dealing with financial agreements between the parties;
(c) specification of the records to be maintained concerning the performance of services to be provided to the agency;
(d) language dealing with the duration, modification, and termination of the contract;
(e) specific language dealing with the legal contingencies for any lawsuits or the payment of damages that arise from the provided services;
(f) a stipulation that the law enforcement agency maintains control over all personnel; and
(g) specific arrangements for the use of equipment and facilities.
Section 23-20-50. (A) An agreement entered into pursuant to this chapter on behalf of a law enforcement agency must be approved by the appropriate state, county, or local governing authority prior to becoming effective.
(B) The officers of the law enforcement provider have the same legal rights, powers, and duties to enforce the laws of South Carolina as the law enforcement agency contracting for the services, except that all such officers shall be under the immediate supervision and control of a law enforcement officer with the contracting law enforcement agency.
Section 23-20-60. The Governor, in his discretion, may by executive order, waive any of the contractual requirements of this chapter during a natural disaster."
SECTION 2. This act takes effect upon approval by the Governor.
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