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COMMITTEE AMENDMENT ADOPTED
April 20, 2000
S. 778
Introduced by Senators Matthews, Patterson, Washington, Glover, Ford and Holland
S. Printed 4/20/00--S.
Read the first time April 29, 1999.
TO AMEND ARTICLE 3, CHAPTER 6, TITLE 23 OF THE 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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 75, Title 15 of the 1976 Code is amended by adding:
"Section 15-75-70. (A) For the purposes of this section, the following definitions apply:
(1) 'civil rights deprivation' means the deprivation of any person or persons of any right, privilege, or immunity secured by the Constitution and laws of this State;
(2) 'pattern' means at least three acts. The first act must have occurred after the effective date of this chapter, and the last act must have occurred within three years after the commission of the first act in the pattern.
(B) A person who is deprived of any right, privilege, or immunity secured by the Constitution and laws of this State by a pattern of civil rights deprivations on the part of the State, a state agency, a political subdivision of the State, other entity of the State, or any employee thereof acting within the scope of his official duty may bring an action at law or in equity against the state entity or political subdivision that engaged in the pattern of civil rights deprivations."
SECTION 2. Chapter 1, Title 23 of the 1976 Code is amended by adding:
"Section 23-1-230. (A) Agencies including, but not limited to, the Department of Public Safety, sheriff's departments, and municipal police departments, that employ law enforcement officers to enforce the traffic laws of this State must collect and maintain the following information regarding vehicle traffic enforcement:
(1) the number of drivers stopped for vehicle traffic enforcement where a warning or citation 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 any passengers were searched;
(5) the basis for the search; and
(6) the race or ethnicity of the officer.
(B) The information required by subsection (A) is not required to be collected in connection with driving under the influence checkpoints or other types of roadblocks, vehicle checks, or checkpoints that are consistent with the laws of this State and with the state and federal constitutions, except when warnings or citations are issued or searches, seizures, or arrests take place.
(C) The Department of Public Safety must annually report to the General Assembly the number of licensed drivers in each county as of December thirty-first of the previous year. The number of licensed drivers must be categorized by age, gender, and race or ethnicity.
(D) The information collected in subsections (A) and (C) must be reported to the Speaker of the House of Representatives and the President Pro Tempore of the Senate by the first day of the legislative session for distribution to the General Assembly.
(E) Agencies including, but not limited to, the Department of Public Safety, sheriff's departments, and municipal police departments, that employ law enforcement officers to enforce the traffic laws of this State must compile, annually publish, and make available to the public in a report the following information regarding formal complaints by members of the public against officers of the agency:
(1) the number of complaints received by type and location of incident by county;
(2) the gender, age, and race of the complainant, when known, and of any officer involved in the complaint;
(3) the disposition for each 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 total number of disciplinary actions including, but not limited to, letter of reprimand, suspension with or without pay, and dismissal stemming from each type of sustained complaint; however, this data must not include information pertaining to the identities of the officers.
(F) As used in subsection (E), 'complaint' means a signed report regarding vehicle traffic enforcement received by an agency regarding the conduct of an officer or of an incident, pattern, or practice of conduct that deprives a person of a right, privilege, or immunity secured or protected by the State or the United States Constitution or any law of the State.
(G) The annual report required pursuant to subsection (E) must respect privacy concerns and must not include the name, badge number, or other identifying information regarding officers, complainants, or other participants in a complaint, other than that information required by subsection (E)."
SECTION 3. Section 23-1-230 is repealed on July 1, 2005.
SECTION 4. This act takes effect on July 1, 2001.
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