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46Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20010110Primary Sponsor: FordAll Sponsors: Ford, Elliott, Reese, BrantonDrafted Document Number: l:\s-res\rf\026offi.jh.docResiding Body: HouseCurrent Committee: Judiciary Committee 25 HJDate of Last Amendment: 20010313Subject: Public Safety Department officers, race not to be factor in decision to stop vehicle; Traffic violations, DiscriminationHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010314 Introduced, read first time, 25 HJ referred to Committee ------ 20010314 Scrivener's error corrected Senate 20010313 Amended, read third time, sent to House Senate 20010308 Read second time Senate 20010308 Committee amendment adopted Senate 20010307 Committee report: Favorable with 11 SJ amendment Senate 20010110 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on March 7, 2001 - Word format Revised on March 8, 2001 - Word format Revised on March 13, 2001 - Word format Revised on March 14, 2001 - Word format
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
March 13, 2001
S. Printed 3/13/01--S. [SEC 3/14/01 3:07 PM]
Read the first time January 10, 2001.
TO AMEND CHAPTER 1, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF OFFICERS OF THE DEPARTMENT OF PUBLIC SAFETY, BY ADDING SECTION 23-1-230 SO AS TO PROVIDE THAT AGENCIES WHICH EMPLOY LAW ENFORCEMENT OFFICERS TO ENFORCE THE TRAFFIC LAWS OF THIS STATE MUST COLLECT AND MAINTAIN CERTAIN DATA RELATING TO VEHICLE TRAFFIC ENFORCEMENT INCLUDING, BUT NOT LIMITED TO, THE RACE OR ETHNICITY OF THE DRIVER STOPPED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 23 of the 1976 Code is amended by adding:
"Section 23-1-230. (A) Agencies which employ law enforcement officers to enforce the traffic laws of this State, including, but not limited to, the Department of Public Safety, sheriff's departments, and municipal police departments, must collect and maintain the following information regarding vehicle traffic enforcement:
(1) the number of drivers stopped for vehicle traffic enforcement where a warning or citation was issued;
(2) identifying characteristics of each driver stopped, including the race or ethnicity, age, and gender;
(3) the alleged traffic violation that led to the stop;
(4) whether the vehicle, personal effects, driver, or any passengers were searched;
(5) the basis for the search; and
(6) the race or ethnicity of the officer.
(B) Except when warnings or citations are issued or searches, seizures, or arrests take place, the information required by subsection (A) is not required to be collected in connection with driving under the influence checkpoints or other types of roadblocks, vehicle checks, or checkpoints that comply with the laws of this State and with the State and United States Constitutions.
(C) The Department of Public Safety must annually report to the General Assembly the number of licensed drivers in each county as of December thirty-first of the previous year. The number of licensed drivers must be categorized by age, gender, and race or ethnicity.
(D) The information required to be collected by subsections (A) and (C) must be reported to the Speaker of the House of Representatives and the President Pro Tempore of the Senate by the first day of the legislative session for distribution to the General Assembly.
(E) Agencies which employ law enforcement officers to enforce the traffic laws of this State, including, but not limited to, the Department of Public Safety, sheriff's departments, and municipal police departments, must compile, annually publish, and make available to the public in a report, the following information regarding formal complaints by members of the public against officers of the agency:
(1) the number of complaints received by type and location of incident by county;
(2) the gender, age, and race of the complainant, when known, and the gender, age, and race of any officer involved in the complaint;
(3) the disposition for each complaint including, but not limited to, the following:
(a) exonerated. The alleged incident did occur, but the actions of the officer were justified, lawful, and proper;
(b) sustained. The investigation disclosed sufficient evidence to prove the allegation;
(c) not sustained. The investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation;
(d) unfounded. The alleged incident did not occur or there is insufficient information to conduct a meaningful investigation; and
(4) the total number of disciplinary actions, including, but not limited to, letters of reprimand, suspensions with or without pay, and dismissals, stemming from each type of sustained complaint.
(F) As used in subsection (E), 'complaint' means a signed report regarding vehicle traffic enforcement received by an agency regarding the conduct of an officer or of an incident, pattern, or practice of conduct that deprives a person of a right, privilege, or immunity secured or protected by the State or the United States Constitutions or any law of the State.
(G) The annual report required by subsection (E) must respect privacy concerns and must not include the name, badge number, or other identifying information regarding officers, complainants, or other participants in a complaint, other than the information required by this section.
(H) Nothing in this section, in and of itself, may be construed to create a private cause of action.
(I) Nothing in this section prohibits the introduction, in any court of competent jurisdiction, of data obtained pursuant to the requirements of this section."
SECTION 2. Section 23-1-230 is repealed July 1, 2006.
SECTION 3. This act takes effect July 1, 2002.
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