View Amendment Current Amendment: 4 to Bill 3050

Reps. WOOTEN and COBB-HUNTER proposes the following Amendment No. to H. 3050 (COUNCIL\CM\3050C002.GT.CM21):

Reference is to Printer's Date 4/21/21 -H.

Amend the bill, as and if amended, by deleting SECTION 4 in its entirety and inserting:

/SECTION 4.Chapter 23, Title 23 of the 1976 Code is amended by adding:

"Section 23-23-85.( A)The council shall establish required minimum standards for all law enforcement agencies. The standards must include, but are not limited to, policies regarding:

(1) the use-of-force continuum and the elimination or restricted use of lethal and less than lethal options with regard to when and how to respond to active resistance. The use-of-force continuum must eliminate the use of chokeholds and carotid holds as less lethal options;

(2) uniform vehicle pursuit standards and the use of lethal options during pursuit;

(3) an officer's duty to intervene in the actions of other observed officers;

(4) hiring and terminating practices;

(5) mandatory and uniform post-basic academy field training;

(6) uniform implementation and the use of body-worn cameras;

(7) the use of 'no knock' warrants ;

(8)the establishment, implementation, or continuation of systems and processes for filing and investigating complaints, including anonymous complaints, against the law enforcement agency or an employee of the law enforcement agency. The council shall require law enforcement agencies to have a written directive, which must be made available to the public, that delineates how complaints can be made, the investigative process of such complaints, and a maximum timeframe for the resolution of the complaint. All substantiated complaints must be reported to the council through standardized forms as promulgated by the council; and

(9) the establishment, implementation, or continuation of an early warning system that identifies, assesses, reviews, and tracks at risk behavior of employees and requires intervention where appropriate.

(B) For the purposes of this section, "at risk behavior" is defined as behavior or action that increases the risk of injury to an employee or to others, that could constitute a civil rights violation, or that could result in the law enforcement agency losing public support and confidence.

(C) The council shall have the authority to take punitive action against any law enforcement agency that refuses to comply with standards issued pursuant to this section, including civil fines, as described in Section 23-23-100.

(D) Nothing in this section shall be construed to prevent or prohibit law enforcement agencies from adopting policies that exceed the minimum standards adopted by the council." /

Amend the bill further, as and if amended, by adding the following appropriately numbered SECTION to read:

/SECTION____. Section 23-23-60(B)(5) of the 1976 Code is amended to read:

"(5) evidence satisfactory to the director that the candidate is a person of good character. This evidence must include, but is not limited to:

(a) certification by the candidate's employer that a background investigation has been conducted and the employer is of the opinion that the candidate is of good character;

(b) evidence satisfactory to the director that the candidate holds a valid current state driver's license with no record during the previous five years for suspension of driver's license as a result of driving under the influence of alcoholic beverages or dangerous drugs, driving while impaired (or the equivalent), reckless homicide, involuntary manslaughter, or leaving the scene of an accident. Candidates for certification as state or local correctional officers may hold a valid current driver's license issued by any jurisdiction of the United States;

(c) evidence satisfactory to the director that a local credit check has been made with favorable results;

(d) evidence satisfactory to the director that the candidate's fingerprint record as received from the Federal Bureau of Investigation and South Carolina Law Enforcement Division indicates no record of felony convictions ; and

(e) evidence satisfactory to the director that the candidate has signed an attestation form committing to the practice of ethical policing, which means the discharge of responsibilities, stemming from employment as a law enforcement officer, which is devoid of misconduct and which is carried out in conformance with this chapter, including the duty to safeguard life and the duty to intervene.

In the director's determination of good character, the director shall give consideration to all law violations, including traffic and conservation law convictions, as indicating a lack of good character. The director shall also give consideration to the candidate's prior history, if any, of alcohol and drug abuse in arriving at a determination of good character; " /