View Amendment Current Amendment: 1 to Bill 3050

Senator SENN proposed the following amendment (not yet finalized):

Amend the bill, as and if amended, by striking SECTION 6 beginning on page 6, line 36 and ending on page 7 line 31 and inserting therein:

/ SECTION 6.Section 23-23-100 of the 1976 Code is amended to read:

"Section 23-23-100.(A) Whenever the director finds that any public law enforcement agency is in violation of any provisions of this chapter, the director may shall issue an order requiring the public law enforcement agency to comply with the provision. The director may shall either bring a civil action for injunctive relief in the appropriate court or may bring a civil enforcement action for failure to compliance with the order of the director. Violation of any court order issued pursuant to this section must be considered contempt of the issuing court and punishable as provided by law. The director also may invoke the civil penalties as provided in subsection (B) for violation of the provisions of this chapter, including any order or regulation hereunder. Any public law enforcement agency against which a civil penalty is invoked by the director may appeal the decision to the court of common pleas of the county where the public law enforcement agency is located.

(B)Any public law enforcement agency which fails to comply with this chapter and regulations promulgated pursuant to this chapter or fails to comply with any order issued by the director is liable for a civil penalty not to exceed one thousand five hundred dollars a violation dollars per day the agency is not in compliance or is found to be in violation. When the civil penalty authorized by this subsection is imposed upon a sheriff, the sheriff is responsible for payment of this civil penalty.

(C) If the imposition of civil fines fails to bring a law enforcement agency into compliance with the standards established in Section 23-23-85, the council is authorized to temporarily hold in abeyance the law enforcement certification of every law enforcement officer employed or appointed by the noncompliant law enforcement agency until such time as the council deems the agency to be in compliance with the minimum standards or a motion for injunctive relief is settled. An individual whose law enforcement certification has been held in abeyance by the council shall not be authorized to enforce the laws or ordinances of this State or any political subdivision thereof. An individual who has had his law enforcement certification held in abeyance as a result of a noncompliant law enforcement agency shall not be prohibited from regaining law enforcement certification if he is subsequently employed or appointed by a compliant law enforcement agency, provided he is otherwise qualified to be certified. Further, in the event the council holds law enforcement certifications in abeyance at a noncompliant law enforcement agency, no law enforcement officer shall go without his or her regular pay, compensation, and benefits. Any records for the certification hold for the individual officer must be expunged by the council within thirty days of the termination of the hold after full compliance by the agency or the employment by another compliant agency."