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COMMITTEE REPORT
April 11, 2007
H. 3428
S. Printed 4/11/07--H. [SEC 4/12/07 4:07 PM]
Read the first time February 6, 2007.
To whom was referred a Bill (H. 3428) to amend Chapter 28 of Title 23, Code of Laws of South Carolina, 1976, as amended, relating to reserve police officers, so as to provide for law enforcement, 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, Section 23-28-20(C)(3), page 2, line 19 by deleting /Chapter 6/ and inserting / Chapter 6 28/. So when amended, Section 23-28-20(C)(3) reads:
/ (3) successfully complete a course of training specified pursuant to Title 23, Chapter 6 28 and endorsed by the chief or sheriff who appoints them./
Amend the bill further, Section 23-28-90, page 4, line 31 by deleting / Department of Public Safety/ and inserting /Department of Public Safety Law Enforcement Training Council/ . So when amended Section 23-28-90 reads:
/ Section 23-28-90. Any A currently certified full-time law enforcement officer who leaves his position under honorable conditions may, within twelve months, and at the request of his chief and with the concurrence of the Department of Public Safety Law Enforcement Training Council, may be issued a registration card identifying him as a member of the reserve. Any such That officer shall must not be required to undergo the preliminary training for reserves but shall must be required to have a current physical exam. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
EXPLANATION OF IMPACT:
The Law Enforcement Training Council and the Department of Public Safety indicate this bill will have a minimal impact on the General Fund of the State, which can be absorbed by the agencies at their current levels of funding.
LOCAL GOVERNMENT IMPACT:
Enactment would have little or no impact on local expenditures.
Approved By:
Harry Bell
Office of State Budget
TO AMEND CHAPTER 28 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO RESERVE POLICE OFFICERS, SO AS TO PROVIDE FOR LAW ENFORCEMENT AGENCIES OF THE STATE TO APPOINT RESERVE OFFICERS IN THE SAME MANNER AS MUNICIPAL AND COUNTY LAW ENFORCEMENT AGENCIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 28 of Title 23 of the 1976 Code, as last amended by Act 336 of 2006, is further amended to read:
"Section 23-28-10. For the purposes of this chapter:
(A) 'Reserves' means persons given part-time police powers without being regularly assigned regularly to full-time law enforcement duties.
(B) 'Chief' means the chief law enforcement officer of a state agency, municipality, county, county sheriff, or other political entity of the State having police powers.
Section 23-28-20. (A) The chief, with the approval of the governing body or its chief operating officer or sheriff, may appoint the number of reserve police officers as may be needed but not exceeding the number of regular full-time officers of his department. The number of full-time officers may not be decreased because of the institution or expansion of a reserve force. Each period of time reserves serve must be determined and specified by the chief or sheriff in writing. The powers and duties of reserves must be prescribed by the chief or sheriff and they are subject to removal by him at any time.
(B) The chief or sheriff, with the approval of the governing body, also shall allow for the compensation of reserve police officers for work done pursuant to Section 23-24-10 when compensation for approved public activities would be paid by a party other than the municipality or county. Reserve officers must be paid for approved public activities the same as off-duty police officers. Work performed for compensation must be in excess of the minimum logged service time required by Section 23-28-70. No additional Additional training, beyond what is required for reserve police officers, is not required for reserve police officers who receive compensation.
(C) Before assuming their duties, reserves must:
(1) take the oath of office required by law;
(2) be bonded in an amount determined by the governing body of the state agency, county, municipality, or other political entity which may be not less than one thousand five hundred dollars;
(3) successfully complete a course of training specified pursuant to Title 23, Chapter 6 and endorsed by the chief or sheriff who appoints them.
Section 23-28-30. (A) A reserve officer shall may not assume any a police function until he has successfully completed a course of training of at least sixty hours and passed a comprehensive test prepared by the South Carolina Criminal Justice Academy Law Enforcement Training Council and administered by the local law enforcement agency. The sixty hours of training shall must be promulgated by the Law Enforcement Training Council, endorsed by the appointing official and shall must include, but not be limited to:
(A 1) Firearms training-twelve hours
(B 2) Laws of arrest-three hours
(C 3) Searches and seizure-three hours
(D 4) Evidence-six hours
(E 5) Crisis intervention-three hours
(F 6) Officer survival-two hours
(G 7) Ethics-two hours
(H 8) Constitutional law-two hours
(I 9) Local ordinances and policies-ten hours
(J 10) Radio communications-one hour
(K 11) Handling prisoners-one hour
(L 12) Handling juveniles-one hour
(M 13) Human relations-two hours.
(B) Nothing in this chapter prevents the entity having a reserve unit from prescribing additional training, subject to the approval of the South Carolina Criminal Justice Academy Division of the Department of Public Safety Law Enforcement Training Council.
Section 23-28-40. This (A) The training described in Section 23-28-30 may be provided locally or regionally, but shall must be subject to approval of the Law Enforcement Training Council. If disapproved, the training council shall designate a representative to confer with the chief to make acceptable program changes. Within reason, and subject to academy schedules, academy staff may assist in the training.
(B) In addition to the sixty hours of preliminary training, classes of in-service training shall must be held periodically but not less often than once a month. Consecutive absences of more than three sessions may be grounds for dismissal.
Any person who served as an auxiliary or reserve police officer on any municipal or county police force for a period of at least six months prior to April 19, 1978, and is serving in that capacity on the effective date of this act shall not be required to have a high school diploma as a prerequisite for participating in any training program authorized or required by this chapter.
Section 23-28-50. Prior to Before final acceptance as a reserve each candidate shall, at his own expense or through the offices of the doctor of his political entity, submit to the chief a summary of the results of a current physical examination for the satisfaction of the chief concerning physical competence and capability. Other minimum selection standards recognized by law as applicable to full-time law enforcement officers shall also shall apply to reserves.
Section 23-28-60. (A) Additional requirements beyond those set out in this chapter may be imposed by the local political entity through the chief.
(B) Identification cards registering a reserve's status may be issued by the South Carolina Criminal Justice Academy Division of the Department of Public Safety Law Enforcement Training Council upon request by the chief and assuring the council that all minimum requirements have been met.
Section 23-28-70. (A) Reserves shall serve and function as law enforcement officers only on specific orders and directions of the chief or sheriff. To maintain status, reserves shall maintain a minimum logged service time of twenty hours each month or sixty hours each quarter.
(B) Each reserve must be in proximate contact, by radio or another device, with the full-time officer to whom he is assigned.
(C) A person appointed as an auxiliary or reserve police officer after January 1, 1996, shall perform his duties while accompanied by a full-time, certified South Carolina police officer or deputy sheriff for a minimum of two hundred forty hours and receive the approval of the chief or sheriff before he may work as provided in subsection (B). Reserve or auxiliary officers serving before January 1, 1996, and who have at least two hundred forty hours of logged service time are exempt from this provision.
(D) Reserves shall may not assume full-time duties of law enforcement officers without complying with all requirements for full-time officers.
(E) Each department utilizing reserves shall have one full-time officer as coordinator-supervisor and who must be responsible directly to the chief or sheriff.
Section 23-28-80. Any A reserve who has been in active status for at least two years who desires to become a full-time law enforcement officer may, upon application and completion of other existing requirements, may be accepted at the South Carolina Criminal Justice Academy Law Enforcement Training Council for such additional hours of training as deemed considered necessary.
Section 23-28-90. Any A currently certified full-time law enforcement officer who leaves his position under honorable conditions may, within twelve months, and at the request of his chief and with the concurrence of the Department of Public Safety, may be issued a registration card identifying him as a member of the reserve. Any such That officer shall must not be required to undergo the preliminary training for reserves but shall must be required to have a current physical exam.
Section 23-28-100. The uniforms Uniforms and equipment issued by the political entity shall remain the property of the entity but may, in the discretion of the chief, may be entrusted to the care and control of the reserves. Reserves shall wear uniforms which will that identify them as law enforcement officers. Handguns, if issued, shall must be of a caliber approved by the chief.
Section 23-28-110. (A) Workers' compensation benefits may be provided for reserves by the governing body in the same manner as benefits are provided for full-time officers.
(B) For purposes of compensation or benefits arising from duty-related injury or death, reserves shall must be considered as employees of the political entity for which they were appointed and shall must be included with regular duty officers in the assigned responsibility for prevention, suppression, and control of crime.
Section 23-28-120. The provisions of this This chapter shall does not apply to deputy enforcement officers of the Natural Resources Enforcement Division of the South Carolina Department of Natural Resources."
SECTION 2. This act takes effect upon approval by the Governor.
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