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COMMITTEE REPORT
March 7, 2001
S. 46
S. Printed 3/7/01--S.
Read the first time January 10, 2001.
To whom was referred a Bill (S. 46) to amend Section 23-6-145, Code of Laws of South Carolina, 1976, relating to traffic stops by commissioned and uniformed officers of the Department of Public Safety, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ 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. /
Renumber sections to conform.
Amend title to conform.
ROBERT FORD, for Committee.
EXPLANATION OF IMPACT:
The Department of Public Safety states this bill would require the issuance of video cameras to law enforcement uniformed officers. The associated cost to purchase 992 (number of highway law enforcement officers) new video cameras at $3,450 each is $3,422,400.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 23-6-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC STOPS BY COMMISSIONED AND UNIFORMED OFFICERS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROHIBIT OFFICERS FROM USING RACE AS A FACTOR IN THEIR DECISION TO STOP A VEHICLE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-6-145 of the 1976 Code is amended to read:
"Section 23-6-145. (A) 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 the vehicle and license plates plate. The officer's belief of the violation must be based on specific, articulable facts. The officer may not use a person's race or ethnicity to formulate this belief.
(B) Any evidence obtained in violation of the provisions of this section is deemed to have been obtained through the use of an unreasonable search and seizure. On and after the effective date of this section all uniforms worn by any law enforcement personnel governed by the provisions of this section must be equipped with video cameras."
SECTION 2. This act takes effect upon approval by the Governor.
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