South Carolina General Assembly
114th Session, 2001-2002

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Bill 434


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      434
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010308
Primary Sponsor:                  Reese
All Sponsors:                     Reese
Drafted Document Number:          l:\council\bills\swb\5211djc01.doc
Companion Bill Number:            3788
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Campus Safety Department named, Colleges 
                                  and Universities; Campus police officers, Law 
                                  Enforcement


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20010322  Companion Bill No. 3788
Senate  20010308  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND CHAPTER 116, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPUS SECURITY DEPARTMENTS, SO AS TO RENAME CHAPTER 116 AS "CAMPUS SAFETY DEPARTMENT," TO AMEND SECTION 59-116-20, RELATING TO AUTHORITY TO ESTABLISH CAMPUS SECURITY DEPARTMENTS AND LIMITATIONS ON JURISDICTION, SO AS TO CHANGE "BOARD OF TRUSTEES" TO "GOVERNING BODY" AND CHANGE THE LIMITATIONS ON JURISDICTION OF CAMPUS POLICE OFFICERS, TO AMEND SECTION 59-116-30, RELATING TO THE AUTHORITY, POWER, AND DUTIES OF CAMPUS POLICE OFFICERS, SO AS TO DELETE A PROVISION RELATING TO AND LIMITING THE ARREST POWERS OF CAMPUS POLICE OFFICERS OUTSIDE THE TERRITORIAL JURISDICTION OF CAMPUS POLICE OFFICERS, TO PROVIDE FOR MARKINGS ON CAMPUS POLICE VEHICLES AND PROVIDE FOR THE USE OF UNMARKED VEHICLES BY CAMPUS POLICE AGENCIES; BY ADDING SECTION 59-116-45, SO AS TO PROVIDE THAT CAMPUS SAFETY DEPARTMENTS MAY PROMULGATE POLICIES AND PROCEDURES FOR THE EFFECTIVE AND EFFICIENT OPERATION OF SAFETY DEPARTMENTS, TO AMEND SECTION 59-116-50, RELATING TO RANKS AND GRADES OF CAMPUS POLICE, SO AS TO DESIGNATE THE CHIEF OF POLICE AND DIRECTOR OF PUBLIC SAFETY AS OFFICIALS TO ESTABLISH SYSTEMS OF RANKS, GRADES, AND PROMOTIONS WITHIN A CAMPUS SAFETY DEPARTMENT, TO AMEND SECTION 59-116-60, RELATING TO CAMPUS POLICE VEHICLES, SO AS TO DELETE OBSOLETE LANGUAGE, TO AMEND SECTION 59-116-80, SO AS TO MAKE TECHNICAL CHANGES AND REWRITE THE SECTION RELATING TO IMPERSONATION OF A CAMPUS POLICE OFFICER AND PROVIDE THAT NOTHING IN THE SECTION PROHIBITS A PERSON FROM MAKING A CITIZEN'S ARREST, TO AMEND SECTION 59-116-110, RELATING TO TRAINING OF CAMPUS POLICE OFFICERS, SO AS TO DELETE THE PROVISION THAT EXPENSES OF TRAINING CAMPUS POLICE OFFICERS AT THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY MUST BE PAID FOR BY THE INSTITUTION BY WHICH THE PERSON IS TO BE EMPLOYED, TO AMEND SECTION 59-116-120, RELATING TO CONSTRUCTION AND APPLICATION OF THE CHAPTER, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PREVENT COLLEGES AND UNIVERSITIES FROM EMPLOYING SECURITY OFFICERS AND REQUIRE THAT SECURITY GUARDS AND OTHER SECURITY PERSONNEL MUST COMPLY WITH REGULATIONS OF THE STATE LAW ENFORCEMENT DIVISION, AND TO REPEAL SECTION 59-116-70 OF THE 1976 CODE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The title to Chapter 116 of Title 59 of the 1976 Code is renamed:

"Campus Safety Department"

SECTION 2. Section 59-116-20 of the 1976 Code is amended to read:

"Section 59-116-20. The board of trustees governing body of each college or university may establish a safety and security department and appoint and employ campus police officers to carry out the functions of the department. While on duty, campus police officers shall wear distinctive uniforms prescribed by the board of trustees governing body or its designees.

The officers must be commissioned as constables pursuant to Section 23-1-60 and take the oath of office prescribed by law and the state Constitution for those officers. The jurisdiction of such a constable is limited to the campus grounds and streets and roads through and contiguous to them. duties associated as a police officer for official business of the respective institution."

SECTION 3. Section 59-116-30 of the 1976 Code is amended to read:

"Section 59-116-30. (A) Campus police officers are peace officers. While in the performance of the duties of their employment, they have all the powers of municipal and county police officers to make arrests for both felonies and misdemeanors and possess all of the common law and statutory powers, privileges, and immunities of police officers. Campus police officers shall:

(1) preserve the peace, maintain order, and prevent unlawful use of force or violence or other unlawful conduct on the campuses of their respective institutions and protect all persons and property located there from injury, harm, and damage;

(2) enforce and assist the officials of their respective institutions in the enforcement of the laws of the State and county and municipal ordinances, and the lawful regulations of the institution, and assist and cooperate with other law enforcement agencies and officers. Campus police officers shall exercise powers granted in this chapter only upon the real property owned by their respective institutions as defined in item (1) of Section 59-116-10.

(B) Campus police officers may arrest persons outside the territory described in subsection (A) when the person arrested has committed a criminal offense within that territory, and the arrest is made during the person's immediate and continuous flight from that territory.

(C)(B) Safety and security departments created and operated by the boards of trustees governing body of institutions under this chapter for the purposes of this chapter are campus police departments and the sworn campus police officers of the department are campus police officers.

(D)(C) Campus police officers may designate and operate emergency vehicles and patrol cars in the manner provided by law for municipal and county law enforcement officers. Such a vehicle regular assigned patrol vehicles or units must bear distinctive and conspicuous lettering which reads "campus police" and markings on the sides and rear of the vehicle. which provide clear identification of the agency and institution. The chief law enforcement executive for each agency or institution may designate unmarked vehicles assigned to administrative, special, or investigative duties which must be operated in the manner provided by law for municipal and county law enforcement officers.

The provisions of this chapter may not be construed as a diminution or modification of the authority or responsibility of a municipal police department, sheriff, constable, or other peace officer either on the property of an institution or otherwise."

SECTION 4. Chapter 116 of Title 59 of the 1976 Code is amended by adding:

"Section 59-116-45. Every campus safety department, with approval from the governing board of the institution concerned, shall promulgate and implement policies and procedures to provide for effective and efficient operation of the department and to direct employees or agents of the department with associated duties and responsibilities."

SECTION 5. Section 59-116-50 of the 1976 Code is amended to read:

"Section 59-116-50. The chief of police, director of public safety, director or other appropriate official, with the approval of the governing board of the institution concerned, shall establish within the security safety department a system of ranks and grades and a promotion policy to insure ensure efficient operation of the department and the establishment of responsibility in it."

SECTION 6. Section 59-116-60(B) of the 1976 Code is amended to read:

"(B) Safety and security departments may install, maintain, and operate radio systems on radio frequencies under licenses issued by the Federal Communications Commission, or its successor."

SECTION 7. Section 59-116-80 of the 1976 Code is amended to read:

"Section 59-116-80. (A) It is unlawful for a any person other than a duly authorized law enforcement officer to falsely represent to any person that he is himself to be a campus police law enforcement officer, agent, or employee of a safety and security department of a college or university, or and acting upon such representation to arrest, detain, search, or question act in accordance with the authority given to campus police officers, in any manner the person or property of a person, nor may a person without the authority of the governing board of the institution wear its official uniform, insignia, badge, or identification of the department. Nothing in this section prohibits a private citizen from making a citizen's arrest in accordance with the laws of this State.

(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty one hundred dollars nor more than one thousand dollars or imprisoned for not less than ten days nor more than ninety days, or both. one year."

SECTION 8. Section 59-116-110 of the 1976 Code is amended to read:

"Section 59-116-110. All persons to be employed as campus police officers may attend and be trained at the South Carolina Criminal Justice Academy in the manner provided for other law enforcement officers in the State or at another designated location and by training officers as prescribed by the South Carolina Law Enforcement Training Council. Expenses of the training must be paid by the institution by which that person is to be employed. A representative of the institution or safety department shall certify to the academy that the person concerned is to be employed and request the academy to admit him for training."

SECTION 9. Section 59-116-120 of the 1976 Code is amended to read:

"Section 59-116-120. The provisions of this chapter may not be construed to prevent colleges and universities from employing or continuing to employ guards, gatekeepers, security officers and other security personnel, and the chapter only applies only to those security campus police officers who are granted the additional law enforcement authority including the power to arrest provided for officers and who fulfill the requirements and meet the standards prescribed in this chapter. Institutions who continue to employ security guards or other security personnel must comply with the regulations and policies of the State Law Enforcement Division."

SECTION 10. Section 59-116-70 of the 1976 Code is repealed.

SECTION 11. This act takes effect upon approval by the Governor.

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