South Carolina General Assembly
118th Session, 2009-2010

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Bill 1288


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-1-345 AND 59-116-125 TO PROVIDE THAT THE BOARD OF TRUSTEES OF PUBLIC OR PRIVATE EDUCATIONAL INSTITUTIONS SHALL BE THE EMPLOYER OF THE SUPERVISORY OFFICER OF THE SECURITY OR LAW ENFORCEMENT DEPARTMENT, TO PROVIDE FOR THE REVIEW PROCESS OF ADVERSE ACTION TAKEN AGAINST THE SUPERVISORY OFFICER, AND TO PROVIDE THAT NON-LAW ENFORCEMENT PERSONNEL SHALL NOT INTERFERE WITH THE OFFICIAL DUTIES OF CAMPUS OFFICERS.

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

SECTION    1.    Chapter 1, Title 59 of the 1976 Code is amended by adding:

"Section 59-1-345.    (A)    This section shall apply to all educational institutions, whether public or private, governed by a board of trustees that have established a safety and security department, except public and private colleges and universities.

(B)    The chief, director, or senior supervisory officer of the department shall be employed by the institution's board of trustees. Any reason for disciplinary or adverse action taken against the chief, director, or senior supervisory officer of a campus security department must be examined or reviewed by the majority of the board of trustees and officially approved by the majority of the board before action may be taken. All subordinate officers in the department will be under the authority of the chief, director, or senior supervisory officer of the department.

(C)(1)    For purposes of this subsection, 'interferes with' means to hinder, intimidate, or attempt to stop an officer from carrying out his official law enforcement duties.

(2)    It is unlawful for non-law enforcement personnel to interfere with a campus police officer carrying out his official duties. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or fined not less than one thousand dollars, or both fined and imprisoned at the direction of the court."

SECTION    2.    Chapter 116, Title 59 of the 1976 Code is amended by adding:

"Section 59-116-125.    (A)    This section shall apply to public and private colleges and universities governed by a board of trustees that have established a safety and security department.

(B)    The chief, director, or senior supervisory officer of the department shall be employed by the institution's board of trustees. Any reason for disciplinary or adverse action taken against the chief, director, or senior supervisory officer of a campus security department must be examined or reviewed by the majority of the board of trustees and officially approved by the majority of the board before action may be taken. All subordinate officers in the department will be under the authority of the chief, director, or senior supervisory officer of the department.

(C)(1)    For purposes of this subsection, 'interferes with' means to hinder, intimidate, or attempt to stop an officer from carrying out his official law enforcement duties.

(2)    It is unlawful for non-law enforcement personnel to interfere with a campus police officer carrying out his official duties. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or fined not less than one thousand dollars, or both fined and imprisoned at the direction of the court."

SECTION    3.    This act takes effect upon approval by the Governor.

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