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COMMITTEE REPORT
April 21, 1999
S. 704
S. Printed 4/21/99--S.
Read the first time April 18, 1999.
To whom was referred a Bill (S. 704), to amend Chapter 6, Title 23, Code of Laws of South Carolina, 1976, relating to law enforcement and public safety, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 2, line 38, in Section 23-6-210(D), as contained in SECTION 1, by striking line 38 in its entirety and inserting therein the following:
/ (D) The course of training required in subsection (B) does not/.
Amend title to conform.
DONALD H. HOLLAND, for Committee.
TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING ARTICLE 5, SO AS TO PROVIDE THAT A FORMER LAW ENFORCEMENT OFFICER OF THE DEPARTMENT OF PUBLIC SAFETY OR ANY AGENCY, OFFICE OR UNIT TRANSFERRED TO THE DEPARTMENT PURSUANT TO GOVERNMENTAL RESTRUCTURING OR THEREAFTER, INCLUDING FORMER OR RETIRED OFFICERS MAY RECEIVE A SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE COMMISSION; TO PROVIDE THAT THE DIRECTOR SHALL DETERMINE THE POWERS AND DUTIES OF THESE CONSTABLES, INCLUDING TRAINING REQUIREMENTS AND OTHER CRITERIA; TO PROVIDE THAT INDIVIDUALS COMMISSIONED BY THE DEPARTMENT MAY RECEIVE SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE IDENTIFICATION CARDS; AND TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO PROVIDE THAT A COMMISSIONED OR UNIFORMED OFFICER OF THE DEPARTMENT MAY MAKE TRAFFIC STOPS.
Be it enacted by the General Assembly of the State of South Carolina:
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; or
(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.
(2) 'Department of Public Safety Special Constable' means a commission authorized by the department for a former law enforcement officer as defined in (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 training required in subsection (A) 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."
SECTION 2. Section 23-6-145 of the 1976 Code is amended to read:
"Section 23-6-145. A commissioned officer and 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."
SECTION 3. This act takes effect upon approval by the Governor.
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