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S. 424
STATUS INFORMATION
General Bill
Sponsors: Senator Ford
Document Path: l:\council\bills\swb\5038cm03.doc
Introduced in the Senate on February 27, 2003
Introduced in the House on May 6, 2003
Currently residing in the House Committee on Judiciary
Summary: Traffic violations, officers stopping drivers for and collecting information on drivers' race and ethnicity, provisions repealed July 1, 2007
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/27/2003 Senate Introduced and read first time SJ-5
2/27/2003 Senate Referred to Committee on Judiciary SJ-5
4/29/2003 Senate Committee report: Favorable Judiciary SJ-43
4/30/2003 Senate Read second time SJ-29
4/30/2003 Senate Ordered to third reading with notice of amendments SJ-29
5/1/2003 Senate Read third time and sent to House SJ-18
5/6/2003 House Introduced and read first time HJ-13
5/6/2003 House Referred to Committee on Judiciary HJ-13
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
COMMITTEE REPORT
April 29, 2003
S. 424
S. Printed 4/29/03--S.
Read the first time February 27, 2003.
To whom was referred a Bill (S. 424) to amend the Code of Laws of South Carolina, 1976, by adding Section 23-1-235 so as to provide that agencies which employ law enforcement officers to enforce the traffic laws, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
MAGGIE W. GLOVER for Committee.
EXPLANATION OF IMPACT:
The Department of Public Safety (DPS) states this bill would cost an additional $57,600 to implement. Recurring costs of $51,750 would be needed to cover the salary and fringe benefits of a statistician, who would insure that information contained in the required report was accurate. Currently DPS officers collect all of the data required by the bill, except for the "reason for search". Non-recurring costs of $5,850 would be needed for system programming changes to meet the reporting requirements of the bill.
LOCAL GOVERNMENT IMPACT:
Each of the seven localities responding indicated there would be a fiscal impact associated with enactment of this bill. Several indicated both recurring and non-recurring expenses would be incurred including the need for additional staff, software, and equipment. Annual recurring estimates ranged from $5,000 to $25,400. Non-recurring costs ranged from $2,000 to $9,000.
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-235 SO AS TO PROVIDE THAT AGENCIES WHICH EMPLOY LAW ENFORCEMENT OFFICERS TO ENFORCE THE TRAFFIC LAWS OF THIS STATE MUST COLLECT AND MAINTAIN CERTAIN DATA RELATING TO VEHICLE TRAFFIC ENFORCEMENT INCLUDING, BUT NOT LIMITED TO, THE RACE OR ETHNICITY OF THE DRIVER STOPPED; AND TO REPEAL SECTION 23-1-235 RELATING TO THE COLLECTION AND MAINTENANCE OF CERTAIN DATA RELATING TO VEHICLE TRAFFIC ENFORCEMENT BY LAW ENFORCEMENT OFFICERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 23 of the 1976 Code is amended by adding:
"Section 23-1-235. (A) Agencies which employ law enforcement officers to enforce the traffic laws of this State, including, but not limited to, the Department of Public Safety, sheriff's departments, and municipal police departments, 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) the identifying characteristics of each driver stopped, including his 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 comply with the laws of this State and with the State and United States Constitutions, except when warnings or citations are issued, or searches, seizures, or arrests occur.
(C) The Department of Public Safety must report annually 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 required to be collected by 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 each legislative session for distribution to the General Assembly.
(E) An agency which employs law enforcement officers to enforce the traffic laws of this State, including, but not limited to, the Department of Public Safety, sheriff's departments, and municipal police departments, 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 the gender, age, and race of any officer involved in the complaint;
(3) the disposition for each complaint including, but not limited to, whether the complaint was:
(a) exonerated. The alleged incident did occur, but the actions of the officer were justified, lawful, 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; and
(4) the total number of disciplinary actions, including, but not limited to, letters of reprimand, suspensions with or without pay, and dismissals, stemming from each type of sustained complaint.
(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 Constitutions or any law of the State.
(G) The annual report required by 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 the information required by this section.
(H) Nothing in this section may be construed to create a private cause of action.
(I) Nothing in this section prohibits the introduction, in any court of competent jurisdiction, of data obtained pursuant to the requirements of this section."
SECTION 2. Section 23-1-235 is repealed July 1, 2007.
SECTION 3. This act takes effect July 1, 2003.
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