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COMMITTEE REPORT
May 26, 1999
S. 704
S. Printed 5/26/99--H.
Read the first time April 27, 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, SECTION 1, page 2, Section 23-6-200(1) by striking the /or/ on line 12, striking the /./ on line 16, and inserting:
/ ; 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./
Amend further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 1-11-140 of the 1976 Code, as last amended by Act 145 of 1995, is further amended by adding an appropriately lettered subitem 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." /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON, for Committee.
EXPLANATION OF IMPACT:
The Department of Public Safety states that the cost to implement this legislation is expected to be minimal and can be absorbed by the department. The cost is based on the number of retired officers that may apply for constable status who would need I.D. cases and badges which the department estimates at approximately $11.30 per officer. The estimated number of persons that may apply are unknown.
According to the State Law Enforcement Division there are 2,112 constables in the state. Approximately 800 of these are state employees and tort liability coverage is currently provided by their employer resulting in no additional cost to the General Fund of the State.
LOCAL GOVERNMENT IMPACT:
The remaining number of constables (1,312) serve in local law enforcement. Based on information received from the Office of Insurance Services of the Budget and Control Board, the rates for tort liability insurance for State Law Enforcement Division employees are $139 per employee for a liability limit of $600,000 for each occurrence and $185 per employee for a liability limit of $1 million for each occurrence. Based on these rates, local governments would incur an annual cost of approximately $182,368 or $242,720 depending on the limit of liability selected.
Approved By:
Les Boles
Office of State Budget
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 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."
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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