A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 17-13-55 SO AS TO REQUIRE CERTAIN INFORMATION MUST BE PROVIDED TO PERSONS DETAINED BY LAW ENFORCEMENT OFFICERS and audio and video recording equipment must be activated upon detainment of a person.

 

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

 

SECTION 1.  Chapter 13, Title 17 of the S.C. Code is amended by adding:

 

    Section 17-13-55.  (A) A law enforcement officer authorized, with reasonable suspicion, to detain a person found violating or attempting to violate any of the laws of the State and who detains a person, whether or not an arrest is subsequently made of such person, must activate audio and video recording equipment upon detaining a person and inform the detained person of the following:

       (1) that the person is being detained;

       (2) the reason why the person is being detained; and

       (3) when the person being detained is free to leave.

    (B) Prior to arrest, statements obtained by a law enforcement officer who fails to provide a person detained with the required information provided in subsection (A) are inadmissible in a court of law.

 

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

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