Current Status Introducing Body:
SenateBill Number: 953Ratification Number: 534Act Number: 505Primary Sponsor: CourtneyType of Legislation: GBSubject: Presentence investigationsDate Bill Passed both Bodies: 19940601Computer Document Number: 953Governor's Action: SDate of Governor's Action: 19940831Introduced Date: 19940111Date of Last Amendment: 19940601Last History Body: ------Last History Date: 19940831Last History Type: Act No. 505Scope of Legislation: StatewideAll Sponsors: CourtneyType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 953 ------ 19940831 Act No. 505 953 ------ 19940831 Signed by Governor 953 ------ 19940602 Ratified R 534 953 House 19940601 Concurred in Senate amendment, enrolled for ratification 953 Senate 19940601 House amendments amended, returned to House 953 House 19940601 Amended, read third time, returned to Senate with amendments 953 House 19940531 Amended, read second time 953 House 19940526 Debate adjourned until Tuesday, 19940531 953 House 19940526 Amended 953 House 19940518 Committee Report: Favorable 25 with amendment 953 House 19940209 Introduced, read first time, 25 referred to Committee 953 Senate 19940208 Read third time, sent to House 953 Senate 19940203 Read second time, notice of general amendments 953 Senate 19940202 Committee Report: Favorable 11 953 Senate 19940111 Introduced, read first time, 11 referred to Committee 953 Senate 19931220 Prefiled, referred to 11 CommitteeView additional legislative information at the LPITS web site.
(A505, R534, S953)
AN ACT TO AMEND SECTION 24-21-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESENTENCE INVESTIGATIONS OF CRIMINAL SUSPECTS, SO AS TO PROVIDE FOR THE MANNER IN WHICH THE DEFENDANT MAY WAIVE THE PRESENTENCE INVESTIGATION IN PLEADING GUILTY OR NOLO CONTENDERE IF PLEADING GUILTY OR NOLO CONTENDERE; TO AMEND SECTION 24-21-530, RELATING TO PRESENTENCE INVESTIGATIONS, SO AS TO ALLOW WAIVER PURSUANT TO SECTION 24-21-520; TO AMEND ARTICLE 9, CHAPTER 6 OF TITLE 23, RELATING TO THE DIVISION OF TRAINING AND CONTINUING EDUCATION OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO FURTHER PROVIDE FOR THE FUNCTIONS AND MEMBERSHIP OF THE LAW ENFORCEMENT TRAINING ADVISORY COUNCIL AND THE TRAINING STANDARDS, PROCEDURES, AND FUNCTIONS OF THE DIVISION, THE DEPARTMENT, AND ITS DIRECTOR, AND TO FURTHER PROVIDE FOR THE USE OF CERTAIN FUNDS COLLECTED AS AN ADDITION TO CRIMINAL AND TRAFFIC FINES.
Be it enacted by the General Assembly of the State of South Carolina:
Waiver of presentence investigation
SECTION 1. Section 24-21-520 of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"Section 24-21-520. The department shall prepare a presentence investigation on all offenders who are convicted of a crime with a maximum penalty of not less than three years nor more than fifteen years or a class D, E, or F felony or a class A misdemeanor. In all other cases, the judge or the solicitor may require a presentence investigation before sentencing. The presentence investigation must be submitted to the court before sentencing. In cases in which the defendant pleads guilty or nolo contendere, the defendant may waive the presentence investigation. This waiver must be made freely, voluntarily, and on the record using the waiver of presentence investigation form developed by the Supreme Court. Every presentence investigation must contain the following:
(1) a recommendation about the suitability of the offender for community supervision under any probation program and any of the sentencing options set forth in Chapter 21 of Title 24;
(2) input received from victims and witnesses;
(3) input received from law enforcement;
(4) a social history for the offender; and
(5) other pertinent information about the offender."
Waiver of presentence investigation
SECTION 2. Section 24-21-530 of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"Section 24-21-530. A person may be sentenced in the discretion of the court except that the presentence investigation required in Section 24-21-520 must be received before sentencing unless waived by the defendant pursuant to Section 24-21-520 . A defendant may not be placed on probation under Section 24-21-480 or 24-21-540 unless the department has recommended the placement."
Division of Training and Continuing Education
SECTION 3. Article 9, Chapter 6, Title 23 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
Section 23-6-400. (A) There is created a Division of Training and Continuing Education to operate a training program for law enforcement officers and other persons employed in the criminal justice system in this State and to establish and maintain minimum standards in law enforcement selection and training.
(B) It is the intent of this article to encourage all law enforcement officers, departments, and agencies within this State to adopt standards which are higher than the minimum standards implemented pursuant to this article, and these minimum standards in no way may be considered sufficient or adequate in those cases where higher standards have been adopted or proposed. Nothing herein may be construed to preclude an employing agency from establishing qualifications and standards for hiring or training law enforcement officers which exceed the minimum standards set by the department, nor, unless specifically stated, may anything herein be construed to affect any sheriff, constable, or other law enforcement officer elected under the provisions of the Constitution of this State.
(C) The advisory council may recommend to the director methods to maximize training opportunities for law enforcement officers and criminal justice personnel, to coordinate training, and to set standards for the law enforcement and criminal justice service, all of which are imperative to upgrading law enforcement to professional status.
(D) Whenever used in this article, and for the purposes of this article, unless the context clearly denotes otherwise:
(1) `Law enforcement officer' means an appointed officer or employee hired by and regularly on the payroll of the State or any of its political subdivisions, who is granted statutory authority to enforce all or some of the criminal, traffic, and penal laws of the State and who possesses, with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed.
(2) `Advisory council' means the Law Enforcement Training Advisory Council created by this article.
Section 23-6-410. The division must establish and maintain a central training facility which must be located near the geographical and population center of the State, and which shall provide facilities and training for all officers from state, county, and local law enforcement agencies and for other designated persons in the criminal justice system; provided, that correctional officers and other personnel employed or appointed by the South Carolina Department of Corrections may be trained by the department. The Deputy Director of the Division of Training and Continuing Education is responsible for selection of instructors, course content, maintenance of physical facilities, recordkeeping, supervision of personnel, scheduling of classes, enforcement of minimum standards for certification, and other matters as may be recommended by the advisory council and approved by the Director of the Department of Public Safety.
Section 23-6-420. (A) There is created a South Carolina Law Enforcement Training Advisory Council consisting of fourteen members:
(1) the Attorney General of South Carolina;
(2) the Chief of the South Carolina Law Enforcement Division;
(3) the Director of the Department of Public Safety;
(4) the Director of the Department of Natural Resources;
(5) the Director of the Department of Corrections;
(6) the Dean or Chairman of the University of South Carolina School or College of Criminal Justice;
(7) the special agent in charge of the Federal Bureau of Investigation, Columbia Division;
(8) one chief of police from a municipality having a population of less than ten thousand; this person to be appointed by the Governor for a term of four years;
(9) one chief of police from a municipality having a population of more than ten thousand; this person to be appointed by the Governor for a term of four years;
(10) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of less than fifty thousand; this person to be appointed by the Governor for a term of four years;
(11) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of more than fifty thousand; this person to be appointed by the Governor for a term of four years;
(12) one detention director who is responsible for the operation and management of a county or multi-jurisdictional jail; this person to be appointed by the Governor for a term of four years;
(13) one person employed in the administration of any municipality or holding a municipal elective office; this person to be appointed by the Governor for a term of four years;
(14) one person employed in the administration of county government or elected to a county governing body; this person to be appointed by the Governor for a term of four years.
(B) (1) The members provided for in (1) through (7) above are ex officio members with full voting rights.
(2) The members provided for in (8) through (14) above shall serve terms as herein provided. In the event that a vacancy arises it must be filled for the remainder of the term in the manner of the original appointment or designation.
(C) The Director of the Department of Public Safety shall serve as chairman of the advisory council. The advisory council may elect another one of its members to serve as vice-chairman. The advisory council shall meet at the call of the chairman or at the call of a majority of the members of the advisory council, but no fewer than four times each year. The advisory council shall establish its own procedures with respect to quorum, place, and conduct of meetings.
(D) Members of the advisory council shall serve without compensation.
(E) An advisory council member who terminates his holding of the office or employment which qualified him for appointment shall cease immediately to be a member of the advisory council; the person appointed to fill the vacancy shall do so for the unexpired term of the member whom he succeeds.
Section 23-6-430. No law enforcement officer employed or appointed on or after July 1, 1989, by any public law enforcement agency in this State is authorized to enforce the laws or ordinances of this State or any political subdivision thereof unless he has been certified as qualified by the Department of Public Safety, except that any public law enforcement agency in this State may appoint or employ as a law enforcement officer, a person who is not certified if, within one year after the date of employment or appointment, the person secures certification from the department; provided, that if any public law enforcement agency employs or appoints as a law enforcement officer a person who is not certified, the person shall not perform any of the duties of a law enforcement officer involving the control or direction of members of the public or exercising the power of arrest until he has successfully completed a firearms qualification program approved by the department; and provided, further, that within three working days of employment the department must be notified by a public law enforcement agency that a person has been employed by that agency as a law enforcement officer, and within three working days of the notice the firearms qualification program as approved by the director must be provided to the newly hired personnel. If the firearms qualification program approved by the director is not available within three working days after receipt of the notice, then the public law enforcement agency making the request for the firearms qualification program may employ the person to perform any of the duties of a law enforcement officer, including those involving the control and direction of members of the public and exercising the powers of arrest. Should any such person fail to secure certification within one year from his date of employment, he may not perform any of the duties of a law enforcement officer involving control or direction of members of the public or exercising the power of arrest until he has been certified. He is not eligible for employment or appointment by any other agency in South Carolina as a law enforcement officer, nor is he eligible for any compensation by any law enforcement agency for services performed as an officer. Exceptions to the one-year rule may be granted by the director in these cases:
(a) military leave or injury occurring during that first year which would preclude the receiving of training within the usual period of time; or
(b) in the event of the timely filing of application for training, which application, under circumstances of time and physical limitations, cannot be honored by the training academy within the prescribed period; or
(c) upon presentation of documentary evidence that the officer-candidate has successfully completed equivalent training in one of the other states which by law regulate and supervise the quality of police training and which require a minimum basic or recruit course of duration and content at least equivalent to that provided in this article or by standards set by the South Carolina Department of Public Safety; or
(d) if it is determined by documentary evidence that the training will result in undue hardship to the requesting agency, the requesting agency must propose an alternate training schedule for approval.
Section 23-6-440. (A) At the request of any public law enforcement agency of this State the department is hereby authorized to issue certificates and other appropriate indicia of compliance and qualification to law enforcement officers or other persons trained under the provisions of this article. Members of the advisory council may individually or collectively visit and inspect any training school, class, or academy dealing with present or prospective law enforcement officers, and are expected to promote the most efficient and economical program for police training, including the maximum utilization of existing facilities and programs for the purpose of avoiding duplication. The advisory council may make recommendations to the director, the General Assembly, or to the Governor regarding the carrying out of the purposes, objectives, and intentions of this article or other acts relating to training in law enforcement.
(B) All city and county police departments, sheriffs' offices, state agencies, or other employers of law enforcement officers having such officers as candidates for certification shall submit to the director, for his confidential information and subsequent safekeeping, the following:
(1) an application under oath on a format prescribed by the director;
(2) evidence satisfactory to the director that the candidate has completed high school and received a high school diploma, equivalency certificate (military or other) recognized and accepted by the South Carolina Department of Education or South Carolina special certificate;
(3) evidence satisfactory to the director of the candidate's physical fitness to fulfill the duties of a law enforcement officer including:
(a) a copy of his medical history compiled by a licensed physician or medical examiner approved by the employer;
(b) a certificate of a licensed physician that the candidate has recently undergone a complete medical examination and the results thereof;
(4) evidence satisfactory to the director that the applicant has not been convicted of any criminal offense that carries a sentence of one year or more or of any criminal offense that involves moral turpitude. Forfeiture of bond, a guilty plea, or a plea of nolo contendere is considered the equivalent of a conviction;
(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 South Carolina 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 Class II-SCO (Department of Corrections) in any county with a prison system that borders another state 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.
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;
(6) a copy of the candidate's photograph;
(7) a copy of the candidate's fingerprints;
(8) evidence satisfactory to the director that the candidate's present age is not less than twenty-one years. This evidence must include a birth certificate or another acceptable document;
(9) evidence satisfactory to the director of successful completion of a course of law enforcement training as established and approved by the director, and conducted at an academy or institution approved by the director, this evidence to consist of a certificate granted by the approved institution.
(C) A certificate as a law enforcement officer issued by the department will expire three years from the date of issuance or upon discontinuance of employment by the officer with the employing entity or agency. The certification of any law enforcement officer issued by the department that is current on July 1, 1989, will expire in the year 1992 on the last day of the month during which it was issued, or upon discontinuance of employment with the employing entity or agency. Prior to the expiration of the certificate, the certificate may be renewed upon application presented to the director on a form prescribed by the director. The application for renewal must be received by the director at least forty-five days prior to the expiration of the certificate. If the officer's certificate has lapsed, the department may reissue the certificate after receipt of an application and if the director is satisfied that the officer continues to meet the requirements of subsections (B)(1) through (B)(9).
(D) The director may accept for training as a law enforcement officer an applicant who has met requirements of subsections (B)(1) through (B)(8).
Section 23-6-450. The Director of the Department of Public Safety is authorized to:
(a) receive and disburse funds, including those hereinafter provided in this article;
(b) accept any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments, for the purpose of carrying out the programs and objectives of this chapter;
(c) consult and cooperate with counties, municipalities, agencies, or official bodies of this State or of other states, other governmental agencies, and with universities, colleges, junior colleges, and other institutions, concerning the development of police training schools, programs, or courses of instruction, selection, and training standards, or other pertinent matters relating to law enforcement;
(d) publish or cause to be published manuals, information bulletins, newsletters, and other materials to achieve the objectives of this chapter;
(e) make such regulations as may be necessary for the administration of this chapter, including the issuance of orders directing public law enforcement agencies to comply with this chapter and all regulations so promulgated;
(f) certify and train qualified candidates and applicants for law enforcement officers and provide for suspension, revocation, or restriction of the certification, in accordance with regulations promulgated by the department;
(g) require all public entities or agencies that employ or appoint law enforcement officers to provide records in the format prescribed by regulation of employment information of law enforcement officers;
(h) provide by regulation for mandatory continued training of certified law enforcement officers, this training to be completed within each of the various counties requesting this training on a regional basis.
Section 23-6-460. An oral or written report, document, statement, or other communication that is written, made, or delivered concerning the requirements or administration of this chapter or regulations promulgated under it must not be the subject of or basis for an action at law or in equity for slander or libel in any court of the State if the communication is between:
(1) a law enforcement agency, its agents, employees, or representatives; and
(2) the department or the advisory council, its agents, employees, or representatives.
Section 23-6-470. Every fine levied on a criminal or traffic violation in this State must have sums added to it which must be set apart and used by the Department of Public Safety for law enforcement and criminal justice related programs, and every bond for violations must have added the same amounts which must be set apart on forfeiture for the division's program of training, as follows:
(a) Fines or forfeitures up to
and including $99.00 $6.00
(b) Fines or forfeitures
above $99.00 up to and
including $200.00 $25.00
(c) Fines or forfeitures
above $200.00 up to and
including $500.00 $50.00
(d) Fines or forfeitures
above $500.00 up to and
including $1,000.00 $100.00
(e) Fines or forfeitures
above $1,000.00 $200.00
If a portion of the fine is suspended, the sum added to it as set forth in items (a) through (e) must be based upon the portion of the fine not suspended. In addition to the apportioned amounts set forth in items (a) through (e), twenty-five cents must be added to each fine or forfeiture and be paid over to the department to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. If funds collected exceed the necessary costs and expenses of the Hall of Fame, the department may retain the surplus for professional training, fees, dues, and other related services or programs as the director may deem necessary. The additional portion of fines added by this section must be assessed and collected by the respective courts or law enforcement officers, who are authorized by law to accept bond, and clearly identified as such on the judgment or bond.
Every magistrate, recorder, judge, mayor, clerk of court, or other person who receives monies from fines or bond forfeitures in criminal or traffic cases shall transmit same to the city treasurer of the incorporated city where he performs his official duties, or to the county treasurer of his county in which he performs his official duties, making the transmittal no less frequently than once each month, and doing so on or before the tenth day of the month following the month being reported. The city treasurer or county treasurer shall make a computation on the basis of the scales of fines and forfeitures set out in this article, and this computed sum must be forwarded to the State Treasurer on or before the twentieth day of that month. Any incorporated municipality in this State may enter into a mutual agreement with the county in which it is located to provide for joint collections, computations, and transmittals under the terms and conditions as the respective bodies may agree; in these cases, receipts and transmittals required by this article must reflect, in the report of transmittal to the State Treasurer, the collection and forwarding of all these monies from the named sources. The State Treasurer shall record, before the last day of that same month, the total monthly submissions of monies from the respective county treasurers and city treasurers, and shall deposit such monies in the account and to the credit of the Department of Public Safety for fiscal and administrative purposes, including professional training, counseling, fees, dues, and other related services or programs as the director may deem necessary. The amount the above scale provides to be set apart and used by the department for law enforcement and criminal justice training and programs must be added to and be levied above the fine or forfeiture imposed.
Section 23-6-480. (A) Whenever the director finds that any public law enforcement agency is in violation of any provisions of this chapter, the director may issue an order requiring the public law enforcement agency to comply with the provision. The director may bring a civil action for injunctive relief in the appropriate court or may bring a civil enforcement action. 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. When the civil penalty authorized by this subsection is imposed upon a sheriff, the sheriff is responsible for payment of this civil penalty.
Section 23-6-490. When a municipality employs only one law enforcement officer and that officer is attending law enforcement training at the South Carolina Criminal Justice Academy as required by law, the sheriff of the county wherein the municipality is located, or the head of the entity in charge of countywide law enforcement if the county sheriff is not, shall provide systematic patrolling of the municipal area while its law enforcement officer is attending the training.
Section 23-6-495. Whenever, in this chapter, the term `department' is used, it means the Department of Public Safety and whenever the term `division' is used, it means the Division of Training and Continuing Education of the Department of Public Safety."
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 31st day of August, 1994.