H 3050 South Carolina House · 2021-2022 Regular Session

Law enforcement officers, certification

Summary
AN ACT TO AMEND SECTION 23-23-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF A LAW ENFORCEMENT OFFICER EMPLOYED OR APPOINTED BY A PUBLIC LAW ENFORCEMENT AGENCY, SO AS TO PROVIDE THIS PROVISION APPLIES TO LAW ENFORCEMENT OFFICERS EMPLOYED OR APPOINTED AFTER JULY 1, 2022, TO PROVIDE NONCERTIFIED LAW ENFORCEMENT OFFICERS SHALL ONLY PERFORM DUTIES AS LAW ENFORCEMENT OFFICERS WHILE ACCOMPANIED BY CERTIFIED LAW ENFORCEMENT OFFICERS, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-23-150, RELATING TO THE ADJUDICATION OF ALLEGATIONS OF MISCONDUCT BY LAW ENFORCEMENT OFFICERS, SO AS TO DEFINE THE DEFINITION OF THE TERM "MISCONDUCT", TO REVISE THE CRITERIA A SHERIFF OR CHIEF EXECUTIVE OFFICER OF A LAW ENFORCEMENT AGENCY OR DEPARTMENT MUST USE WHEN FILING A REPORT OF MISCONDUCT AGAINST A LAW ENFORCEMENT OFFICER, TO PROVIDE THE PROCEDURE FOR PROSECUTING INCIDENCES OF MISCONDUCT, AND TO PROVIDE FOR THE IMPOSITION OF CIVIL FINES AGAINST AGENCIES THAT FAIL TO COMPLY WITH THIS SECTION; BY ADDING SECTION 23-1-250 SO AS TO PROVIDE FOR THE LAWFUL USE OF CHOKEHOLDS OR CAROTID HOLDS, TO PROVIDE WILFUL USE OF EXCESSIVE FORCE MAY BE CONSIDERED MISCONDUCT BY A LAW ENFORCEMENT OFFICER AND SUBJECT TO DISCIPLINARY ACTION, AND TO PROVIDE FOR THE DEVELOPMENT OF CURRICULA AND STANDARDS TO ADDRESS JUSTIFIABLE USE OF CHOKEHOLDS AND CAROTID HOLDS; BY ADDING SECTION 23-23-85 SO AS TO PROVIDE FOR ESTABLISHMENT OF MINIMUM STANDARDS REQUIRED OF LAW ENFORCEMENT AGENCIES BY THE LAW ENFORCEMENT TRAINING COUNCIL, AND PROVIDE THE COUNCIL WITH THE AUTHORITY TO TAKE PUNITIVE ACTION AGAINST LAW ENFORCEMENT AGENCIES THAT FAIL TO COMPLY WITH STANDARDS ISSUED PURSUANT TO THIS SECTION; BY ADDING SECTION 23-23-160 SO AS TO ESTABLISH A COMPLIANCE DIVISION WITHIN THE LAW ENFORCEMENT TRAINING COUNCIL AND PROVIDE ITS RESPONSIBILITIES; TO AMEND SECTION 23-23-100, RELATING TO COMPLIANCE WITH PROVISIONS ENFORCED BY THE LAW ENFORCEMENT TRAINING COUNCIL, SO AS TO REVISE THIS PROVISION; TO AMEND SECTION 23-23-60, RELATING TO THE ISSUANCE OF CERTIFICATES OF COMPLIANCE BY THE LAW ENFORCEMENT TRAINING COUNCIL, SO AS TO ADD ADDITIONAL EVIDENCES A LAW ENFORCEMENT AGENCY MUST SUBMIT TO THE COUNCIL ABOUT A CANDIDATE BEING CONSIDERED FOR CERTIFICATION; AND TO AMEND SECTION 16-23-20, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OF HANDGUNS, SO AS TO ALLOW RETIRED COMMISSIONED LAW ENFORCEMENT OFFICERS TO CARRY THEM ABOUT THEIR PERSONS. - ratified title
Bill status signed all 5 stages cleared
Introduction
Jan 2021
Committee Review
Apr 2022
House Passage
May 2022
Senate Passage
May 2022
Signed into Law
May 2022
Introduced Jan 12, 2021 Signed May 23, 2022
Floor votes · Senate May 4, 2022 · House May 12, 2021

How they voted

390
Passed · 4 other
Total votes 43
May 4, 2022
D Democratic15
12 Yea 3
80% Yea
I Independent1
1
0% Nay
R Republican27
27 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
37
Key actions
10
Committee
6
Amendments
3
May 23, 2022
Signed into law
Signed By Governor
legislature
May 12, 2022
Lower · Passed
Concurred in Senate amendment and enrolled
lower
May 5, 2022
Upper · Passed
Read third time and returned to House with amendments
upper
May 4, 2022
Senate · Passed
Senate Vote: pass (39-0-4)
senate
May 3, 2022
Amended
Committee Amendment Amended and Adopted
upper
Apr 20, 2022
Upper · Passed
Committee report: Favorable with amendment Judiciary
upper
Jul 16, 2021
Committee
Referred to Subcommittee: Senn (ch), Malloy, Kimpson, Matthews, Adams, Garrett, Gustafson
upper
May 13, 2021
Committee
Referred to Committee on Judiciary
upper
May 13, 2021
Introduced
Introduced and read first time
upper
May 13, 2021
Lower · Passed
Read third time and sent to Senate
lower
May 12, 2021
Lower · Passed
Amended
lower
May 12, 2021
House · Passed
House Vote: pass (98-12-11)
house
Apr 28, 2021
Lower · Passed
Amended
lower
Apr 21, 2021
Lower · Passed
Committee report: Favorable with amendment Judiciary
lower
Jan 12, 2021
Committee
Referred to Committee on Judiciary
lower
Jan 12, 2021
Introduced
Introduced and read first time
lower
Dec 9, 2020
Committee
Referred to Committee on Judiciary
lower
6 primary · 0 co-sponsors

Sponsors