South Carolina General Assembly
117th Session, 2007-2008

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Bill 3623

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

AS PASSED BY THE SENATE

June 5, 2007

H. 3623

Introduced by Rep. Thompson

S. Printed 6/5/07--S.

Read the first time April 24, 2007.

            

A BILL

TO AMEND SECTION 6-11-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, RELATING TO MONETARY ASSESSMENTS LEVIED AGAINST FINES IMPOSED IN GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION 23-11-110, RELATING TO CERTAIN QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-23-70, RELATING TO THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, SO AS TO DELETE REFERENCES TO SECTION 23-6-440 AND REPLACE IT WITH REFERENCES TO SECTION 23-23-60; TO AMEND SECTIONS 23-28-20, 23-28-60, AND 23-28-90, ALL RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-320, RELATING TO THE JAIL PRE-SERVICE TRAINING PROGRAM, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-5-360, RELATING TO TRAINING OFFERED TO RESERVES WHO WISH TO BECOME FULL-TIME JAILERS OR DETENTION OFFICERS, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-5-2950, RELATING TO A PERSON WHO DRIVES A MOTOR VEHICLE HAVING GIVEN CONSENT TO SUBMIT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR CERTAIN PURPOSES, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, SO AS TO DELETE A REFERENCE TO THE LAW ENFORCEMENT TRAINING COUNCIL AND TO REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY.

Amend Title To Conform

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

SECTION    1.    Section 6-11-340(D) of the 1976 Code, as last amended by Act 317 of 2006, is further amended to read:

"(D)    The public safety officers appointed and commissioned by a special purpose district must be law enforcement officers trained and certified pursuant to Article 9, Chapter 6 23, Title 23 in accordance with the training and certification standards established for officers performing similar duties. The expense of the training must be paid by the special purpose district by which that person is employed and the Criminal Justice Academy is authorized to establish and collect a fee for this training."

SECTION    2.    Section 14-1-206(C)(2) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(2)    16.52 percent to the Department of Public Safety South Carolina Criminal Justice Academy program of training in the fields of law enforcement and criminal justice;"

SECTION    3.    Section 14-1-207(C)(2) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:

"(2)    22.49 percent to the Department of Public Safety South Carolina Criminal Justice Academy program of training in the fields of law enforcement and criminal justice;"

SECTION    4.    Section 14-1-208(C)(2) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"(2)    15.07 percent to the Department of Public Safety South Carolina Criminal Justice Academy program of training in the fields of law enforcement and criminal justice;"

SECTION    5.    Section 23-11-110(C) of the 1976 Code is amended to read:

"(C)    Every newly-elected sheriff in his first term is required to complete a training session to be determined pursuant to Title 23, Chapter 6 23 of the 1976 Code, to be conducted by the Criminal Justice Academy or an otherwise approved academy or as may be selected by the South Carolina Sheriffs' Association. This training must be completed during the first calendar year of the first term of the newly-elected sheriff's term of office. A newly-elected sheriff who is unable to attend this training course when offered because of emergency or extenuating circumstances, within one year from the date the disability or cause terminates, shall complete the standard basic course of instruction required of newly-elected sheriffs. A newly-elected sheriff who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the sheriff completes the course of instruction."

SECTION    6.    Section 23-23-70 of the 1976 Code, as added by Act 317 of 2006, is amended to read:

"Section 23-23-70.    (A)    A retired law enforcement officer with twenty years or more law enforcement experience who subsequently serves as a magistrate or municipal judge of this State and is or has been appointed chief of a municipal department by the governing body thereof must be issued a certificate as a law enforcement officer pursuant to Section 23-6-440 23-23-60 if that person completes the legal course for Class I certified officers taught by the Criminal Justice Academy. This provision applies to a retired law enforcement officer of this State with twenty years or more law enforcement experience whose certificate has lapsed due to a three-year break in service who subsequently is appointed chief of a municipal department by the governing body thereof.

(B)    A retired South Carolina law enforcement officer must be issued a certificate pursuant to Section 23-6-440 23-23-60, authorizing him to serve as a certified law enforcement officer, if the officer meets the following qualifications at the time of application:

(1)    the officer must have been retired pursuant to Section 9-11-60 or 9-11-70 for not more than ten years, except that the department may certify an officer who has been retired for more than ten years if the officer provides evidence satisfactory to the director that he has received law enforcement training and experience sufficient to qualify him to serve as a certified law enforcement officer;

(2)    within the previous three years, the officer must have completed a legal course and all other training programs for certified officers mandated by law and taught by the Criminal Justice Academy; and

(3)    the officer must have maintained a constable commission during his retirement, without interruption.

(C)    A retired federal law enforcement officer must be issued a certificate pursuant to Section 23-6-440, authorizing him to serve as a certified law enforcement officer, if the officer provides evidence satisfactory to the director that he has received law enforcement training and experience sufficient to qualify him to serve as a certified law enforcement officer."

SECTION    7.    Section 23-28-20(C)(3) of the 1976 Code is amended to read:

"(3)    successfully complete a course of training specified pursuant to Title 23, Chapter 6 23 and endorsed by the chief or sheriff who appoints them."

SECTION    8.    Section 23-28-60 of the 1976 Code is amended to read:

"Section 23-28-60.    Additional requirements beyond those set out in this chapter may be imposed by the local political entity through the chief.

Identification cards registering a reserve's status may be issued by the South Carolina Criminal Justice Academy Division of the Department of Public Safety upon request by the chief and assuring the council that all minimum requirements have been met."

SECTION    9.    Section 23-28-90 of the 1976 Code is amended to read:

"Section 23-28-90.    Any currently certified full-time law enforcement officer who leaves his position under honorable conditions may, within twelve months, at the request of his chief and with the concurrence of the Department of Public Safety South Carolina Criminal Justice Academy, be issued a registration card identifying him as a member of the reserve. Any such officer shall not be required to undergo the preliminary training for reserves but shall be required to have a current physical exam."

SECTION    10.    Section 23-47-20(C)(15) of the 1976 Code, as last amended by Act 317 of 2006, is further amended to read:

"(15)    telecommunication operators or dispatchers trained and certified by the Law Enforcement Training Council (Criminal Justice Academy) South Carolina Criminal Justice Academy. The Law Enforcement Training Council South Carolina Criminal Justice Academy shall promulgate regulations to provide for this training. Expense of the training must be paid by the local government by which that person is employed and the department is authorized to establish and collect a fee for this training;"

SECTION    11.    Section 24-5-320 of the 1976 Code is amended to read:

"Section 24-5-320.    No reserve shall assume a jailer or detention officer function until he has completed successfully a jail pre-service training program approved by the Department of Public Safety South Carolina Criminal Justice Academy pursuant to Article 9, Chapter 6 23 of Title 23, and passed a comprehensive test prepared by the South Carolina Criminal Justice Academy and administered by the director of the local detention facility. Within one year of appointment, a reserve must successfully complete a jail operations training program promulgated by the Department of Public Safety South Carolina Criminal Justice Academy pursuant to Article 9, Chapter 6 23 of Title 23 in order to be eligible for continuation as a reserve. A reserve who serves more than one year must complete the same annual in-service training requirements as regular full-time jailers or detention officers. All training which is provided locally or regionally is subject to review by the South Carolina Law Enforcement Training Advisory Council and approval of the South Carolina Department of Public Safety South Carolina Criminal Justice Academy."

SECTION    12.    Section 24-5-360 of the 1976 Code is amended to read:

"Section 24-5-360.    A reserve who has been in active status for at least two years and desires to become a full-time jailer or detention officer, upon application of his director to the Department of Public Safety South Carolina Criminal Justice Academy and upon completion of other existing requirements, may be accepted at the South Carolina Criminal Justice Academy for additional hours of training required by the Department of Public Safety South Carolina Criminal Justice Academy pursuant to Article 9, Chapter 6 23 of Title 23."

SECTION    13.    Section 56-5-2950(a) of the 1976 Code is amended to read:

"(a)    A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs. A breath test must be administered at the direction of a law enforcement officer who has arrested a person for driving a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of alcohol and drugs. At the direction of the arresting officer, the person first must be offered a breath test to determine the person's alcohol concentration. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious or dead, or for any other reason considered acceptable by the licensed medical personnel, the arresting officer may request a blood sample to be taken. If the officer has reasonable grounds to believe that the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the alcohol concentration is eight one-hundredths of one percent or above, the officer may not require additional tests of the person as provided in this chapter. The breath test must be administered by a person trained and certified by the Department of Public Safety South Carolina Criminal Justice Academy, pursuant to SLED policies. The arresting officer may administer the tests if the person's conduct during the twenty-minute pre-test waiting period is videotaped pursuant to Section 56-5-2953(A)(2)(d). Before the breath test is administered, an eight one-hundredths of one percent simulator test must be performed and the result must reflect a reading between 0.076 percent and 0.084 percent. Blood and urine samples must be obtained by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to obtain the samples in a licensed medical facility. Blood and urine samples must be obtained and handled in accordance with procedures approved by SLED."

SECTION    14.    Section 40-18-30(A)(5) of the 1976 Code, as last amended by Act 317 of 2006, is further amended to read:

"(5)    to provide, with the advice and consent of the Law Enforcement Training Council South Carolina Criminal Justice Academy, for the curriculum, training, and certification of training officers, and to approve the curriculum utilized by licensees for the training of their security officers to ensure that security officers have the requisite knowledge and skills necessary to carry out their duties in the private security business. The fee for the training of security company training officers must be determined by the designated training facility and be retained by the facility to defray the costs of conducting the training; and"

SECTION    15.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    16.    Section 23-23-10(D), as added by Act 317 of 2006, is amended to read:

"(D)    Upon the signature of the Governor, all functions, duties, responsibilities, accounts, and authority statutorily exercised by the South Carolina Criminal Justice Academy Division of the Department of Public Safety are transferred to and devolved upon the South Carolina Law Enforcement Training Council Criminal Justice Academy."

SECTION    17.    Section 23-23-20, as added by Act 317 of 2006, is amended to read:

"Section 23-23-20.    There is hereby created the South Carolina Criminal Justice Academy which shall provide facilities and training for all officers from state, county, and local law enforcement agencies and for other designated persons in the criminal justice system. Correctional officers and other personnel employed or appointed by the South Carolina Department of Corrections may be trained by the department. Administration of this academy must be vested in a director who is responsible for selection of instructors, course content, maintenance of physical facilities, recordkeeping, supervision of personnel, scheduling of classes, enforcement of minimum standards for certification, and other matters as may be agreed upon by the council. The director must be hired by and responsible to the council. Basic and advance training must be provided at the training facility."

SECTION 18.    Section 23-23-80 of the 1976 Code is amended to read:

"Section 23-23-80.    The Director of the Criminal Justice Academy South Carolina Law Enforcement Training Council is authorized to:

(1)    receive and disburse funds, including those hereinafter provided in this chapter;

(2)    accept any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments, for the purpose of carrying out the programs and objectives of this chapter;

(3)    consult and cooperate with counties, municipalities, agencies, or official bodies of this State or of other states, other governmental agencies, and with universities, colleges, junior colleges, and other institutions, concerning the development of police training schools, programs, or courses of instruction, selection, and training standards, or other pertinent matters relating to law enforcement;

(4)    publish or cause to be published manuals, information bulletins, newsletters, and other materials to achieve the objectives of this chapter;

(5)    make such regulations as may be necessary for the administration of this chapter, including the issuance of orders directing public law enforcement agencies to comply with this chapter and all regulations so promulgated;

(6)    certify and train qualified candidates and applicants for law enforcement officers and provide for suspension, revocation, or restriction of the certification, in accordance with regulations promulgated by the council;

(7)    require all public entities or agencies that employ or appoint law enforcement officers to provide records in the format prescribed by regulation of employment information of law enforcement officers;

(8)    provide by regulation for mandatory continued training of certified law enforcement officers, this training to be completed within each of the various counties requesting this training on a regional basis."

SECTION    19.    Section 23-3-540(P) of the 1976 Code, as added by Act 346 of 2006, is amended to read:

"(P)    As used in this section, 'active electronic monitoring device' means a mechanism an all body worn device that is not removed from the person's body utilized by the Department of Probation, Parole and Pardon Services in conjunction with a web-based computer system that actively monitors and identifies records a person's location at least once every minute twenty-four hours a day and that timely records and reports or records the person's presence near or within a crime scene or prohibited area or the person's departure from a specified geographic location. In addition, the device must be resistant or impervious to unintentional or wilful damages. The South Carolina Criminal Justice Academy may offer training to officers of the Department of Probation, Parole and Pardon Services regarding the utilization of active electronic monitoring devices. In areas of the State where cellular coverage requires the use of an alternate device, the Department of Probation, Parole and Pardon Services may use an alternate device."

SECTION    20.    This act takes effect upon approval by the Governor.

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