South Carolina General Assembly
113th Session, 1999-2000

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Bill 704


                    Current Status

Bill Number:                      704
Ratification Number:              267
Act Number:                       252
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990408
Primary Sponsor:                  Holland
All Sponsors:                     Holland and Grooms
Drafted Document Number:          l:\s-res\dhh\002reti.dmb.doc
Date Bill Passed both Bodies:     20000405
Date of Last Amendment:           20000405
Governor's Action:                S
Date of Governor's Action:        20000426
Subject:                          Public Safety Department, special 
                                  constable commission for former law 
                                  enforcement officers; Tort liability insurance


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20000516  Act No. A252
------  20000426  Signed by Governor
------  20000426  Ratified R267
House   20000405  Read third time, enrolled for
                  ratification
House   20000405  Conference Committee Report adopted    98 HCC
Senate  20000405  Conference Committee Report adopted    88 SCC
House   19990622  Appointed Rep. to Committee of         98 HCC  Jennings
                  Conference, replacing Rep. Harrison
House   19990603  Conference powers granted,             98 HCC  D. Smith
                  appointed Reps. to Committee of                Harrison
                  Conference                                     McGee
Senate  19990603  Conference powers granted,             88 SCC  Saleeby
                  appointed Senators to Committee                Ford
                  of Conference                                  Hutto
Senate  19990603  Insists upon amendment
House   19990603  Non-concurrence in Senate amendment
House   19990603  Debate adjourned on Senate
                  amendments
Senate  19990602  House amendments amended,
                  returned to House with amendment
House   19990528  Read third time, returned to Senate
                  with amendment
House   19990527  Read second time, unanimous consent
                  for third reading on the next
                  Legislative day
House   19990527  Amended
House   19990526  Committee report: Favorable with       25 HJ
                  amendment
House   19990427  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  19990427  Read third time, sent to House
Senate  19990422  Read second time, ordered to
                  third reading with notice of
                  general amendments
Senate  19990422  Committee amendment adopted
Senate  19990421  Committee report: Favorable with       11 SJ
                  amendment
Senate  19990408  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
Revised on April 21, 1999 - Word format
Revised on April 22, 1999 - Word format
Revised on May 26, 1999 - Word format
Revised on May 27, 1999 - Word format
Revised on June 2, 1999 - Word format
Revised on April 5, 2000 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A252, R267, S704)

AN ACT TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH CRITERIA, POWERS, DUTIES, TRAINING REQUIREMENTS AND PROGRAMS FOR THE COMMISSIONING OF FORMER LAW ENFORCEMENT OFFICERS OF THE DEPARTMENT TO RECEIVE A DEPARTMENT OF PUBLIC SAFETY SPECIAL CONSTABLE COMMISSION; TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO AUTHORIZE A COMMISSIONED OFFICER OR UNIFORMED OFFICER TO MAKE TRAFFIC STOPS UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 1-11-140, AS AMENDED, RELATING TO THE AUTHORIZATION OF THE STATE BUDGET AND CONTROL BOARD, THROUGH THE OFFICE OF INSURANCE SERVICES, TO PROVIDE INSURANCE, SO AS TO AUTHORIZE THE BOARD TO PROVIDE TORT LIABILITY INSURANCE FOR STATE CONSTABLES, INCLUDING VOLUNTEER STATE CONSTABLES WHILE SERVING IN A LAW ENFORCEMENT CAPACITY.

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

Department of Public Safety Special Constable

SECTION 1. Chapter 6, Title 23 of the 1976 Code is amended by adding:

"Article 5

Department of Public Safety Special Constable

Section 23-6-200. For purposes of this article:

(1) 'Former law enforcement officer' means:

(a) an officer who was previously commissioned by the Governor and who during his law enforcement career worked for the department;

(b) an officer who was commissioned by the Governor, and whose agency, office, or unit was transferred to the department pursuant to governmental restructuring, including former retired officers;

(c) an officer who was previously commissioned by the Governor whose agency, office, or unit was transferred to the department pursuant to governmental restructuring or any subsequent restructuring, including former retired officers; or

(d) other formerly commissioned law enforcement officers or retired officers in good standing from any law enforcement agency, state constables, or volunteer state constables serving without compensation whose appointment is certified by the State Law Enforcement Division as having completed the requisite training to maintain an active commission.

(2) 'Department of Public Safety Special Constable' means a commission authorized by the department for a former law enforcement officer as defined in item (1).

(3) 'Director' means the chief administrative officer of the Department of Public Safety.

(4) 'Department' means Department of Public Safety.

Section 23-6-210. (A) The director is authorized to establish programs for the commissioning of former law enforcement officers of the department. An individual commissioned pursuant to this section shall receive a Department of Public Safety Special Constable commission.

(B) The powers and duties of these special constables shall be determined by the director and specified in writing, and individuals commissioned pursuant to this section shall be subject to removal by the director at any time. Before assuming their duties, special constables shall take the oath of office required by law and successfully complete a course of training specified by the director.

(C) A constable shall be entitled to enforce the laws of this State and exercise the duties of his office throughout the State except as may be limited in subsection (B).

(D) The course of training required in subsection (B) does not apply to former officers holding a valid commission issued by another agency or governmental entity, except that all officers shall meet any annual continuing training requirements established by the director in order to maintain their commissions.

Section 23-6-220. (A) Constables may not receive compensation including, but not limited to, salary for services rendered absent specific statutory authorization.

(B) Any uniforms and equipment issued by the department shall remain the property of the department, but may, in the discretion of the director, be entrusted to the care and control of the constables. A constable assisting a full-time department law enforcement officer shall wear uniforms or other insignia which identify the constable as a special law enforcement officer assisting the department.

(C) Workers' compensation benefits may be provided on an as needed basis for special constables by the director in the same manner as benefits are provided for full-time officers. For purposes of compensation or benefits arising from duty-related injury or death, special constables shall be considered as employees of the department.

Section 23-6-230. Identification cards registering a special constable must be issued by the Department of Public Safety for all individuals commissioned pursuant to this article.

Section 23-6-240. Notwithstanding any other provision of law, constables who have received the required training shall be authorized by the director to carry pistols on and about their persons unless otherwise restricted by the director in writing. However, the director, after hearing and for cause, may deny such privilege to any constable pursuant to this section who is guilty of using his pistol at any time in a manner inconsistent with accepted law enforcement procedures as determined by the director or who has been convicted of any crime for which a penalty of imprisonment for more than one year may be imposed. The term 'conviction' shall include a plea of guilty, a plea of nolo contendere, or forfeiture of bail."

Officer may stop vehicle

SECTION 2. Section 23-6-145 of the 1976 Code, as added by Act 459 of 1996, is amended to read:

"Section 23-6-145. A commissioned officer or a uniformed officer of the department may, upon reasonable belief that any vehicle is being operated in violation of any provision of statutory law, require the driver thereof to stop and exhibit the registration card issued for the vehicle, the individual's driver's license, and submit to an inspection of such vehicle and license."

Insurance for constables

SECTION 3. Section 1-11-140 of the 1976 Code, as last amended by Part II, Section 87 of Act 145 of 1995, is further amended by adding an appropriately lettered subsection to read:

"( ) The board, through the Office of Insurance Services, is further authorized to provide insurance for state constables, including volunteer state constables, to protect these personnel against tort liability arising in the course of their employment, whether or not for compensation, while serving in a law enforcement capacity."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 26th day of April, 2000.

Approved the 26th day of April, 2000.

__________


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