South Carolina General Assembly
123rd Session, 2019-2020

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Indicates Matter Stricken
Indicates New Matter

H. 3356

STATUS INFORMATION

General Bill
Sponsors: Rep. Thigpen
Document Path: l:\council\bills\gt\5560cm19.docx

Introduced in the House on January 8, 2019
Currently residing in the House Committee on Judiciary

Summary: Law enforcement officers

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/18/2018  House   Prefiled
  12/18/2018  House   Referred to Committee on Judiciary
    1/8/2019  House   Introduced and read first time (House Journal-page 209)
    1/8/2019  House   Referred to Committee on Judiciary 
                        (House Journal-page 209)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/18/2018

(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 SECTION 16-3-1092 SO AS TO PROVIDE THAT A BYSTANDER SHALL REMAIN AT LEAST TWELVE FEET AWAY FROM A LAW ENFORCEMENT OFFICER WHEN THE OFFICER IS APPREHENDING, ARRESTING, SEARCHING, OR CONSULTING AN INDIVIDUAL WHEN THE BYSTANDER IS RECORDING THE ACTIONS OF THE OFFICER, AND TO PROVIDE A PENALTY.

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

Whereas, roughly 135 police officers died in 2016, making it the deadliest year for police officers in at least five years; and

Whereas, while there were fewer deaths in 2017, a total of 129 officers died with 46 of those caused by gunfire; and

Whereas, since the start of 2018, at least 76 law enforcement officers across the United States have died while on duty - with at least 43 of those deaths caused by gunfire; and

Whereas, a citizen has the right to video record or take pictures of anything within plain view in an outdoor public place where he legally is present; and

Whereas, due to the increasing trend of bystanders recording law enforcement officer-involved incidents, many officers have developed the mentality to treat every citizen encounter as if it is being recorded; and

Whereas, with the pervasive use of cell phones and other recording devices, it increasingly is common to see videos of crimes and criminal suspects on social media before a law enforcement officer arrives on the scene of a crime; and

Whereas, in order to protect our law enforcement officers while they perform their jobs, bystanders who record an incident involving a law enforcement officer should remain at a safe distance from the scene of the incident site. Now, therefore,

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

SECTION    1.    Article 11, Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-1092.    A bystander who is recording an incident scene with a camera or another recording device must remain no less than twelve feet from a law enforcement officer while the officer is apprehending, arresting, searching, or consulting an individual. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days."

SECTION    2.    This act takes effect upon approval by the Governor.

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This web page was last updated on January 18, 2019 at 11:37 AM