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H 3050 - Requires a noncertified law enforcement officer to be accompanied by a certified law enforcement officer

Tracking Level: Of Interest
Sponsor: Dennis Moss (R)
Last Action: 6/1/2022 - Act No. 218
House Committee: Judy
Senate Committee: Judy
Assigned To:
PoliceNext Bill
Public SafetyNext Bill

Staff Analysis of the Legislation

04.19.2022 The Senate Judiciary Committee gave this bill a favorable report as amended. The amendment requires law enforcement officers to promptly report abuse if she/she is unable to intervene when observing an officer physically or psychologically abusing a member of the public. The amendment also adds corrective actions for the director of the Law Enforcement Training Council to take before holding the certification of officers employed at non-compliant agencies in abeyance. 
03.29.2022 The Senate Judiciary Committee carried this bill over.
03.15.2022 The Senate Judiciary Committee did not take action on this bill although it was on the agenda.
03.09.2022 A Senate Judiciary subcommittee gave this bill a favorable report as amended. The amendment changes the effective date to January 2023 and further defines choke hold and carotid hold.
04.20.2021 The House Judiciary Committee gave this bill a favorable report as amended. The amendment adds several components from H3791, the PACT Act, including language related to failure to intervene, chokeholds, minimum standards for local agencies and compliance.
04.14.2021 The House Judiciary Criminal Laws subcommittee gave this bill a favorable report.
Summary of the bill as introduced: Requires a noncertified law enforcement officer to be accompanied by a certified law enforcement officer while performing duties. 

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Session 124 - (2021-2022)Printer Friendly
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H*3050 (Rat #0246, Act #0218 of 2022) General Bill, By D.C. Moss, McGarry, Wooten, Hixon, Erickson and Bradley
Summary: Law enforcement officers, certification
    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
View full text          View Vote History          View Fiscal Impact
12/09/20House Prefiled
12/09/20House Referred to Committee on Judiciary
01/12/21House Introduced and read first time (House Journal-page 50)
01/12/21House Referred to Committee on Judiciary (House Journal-page 50)
02/09/21House Member(s) request name added as sponsor: McGarry
04/14/21House Member(s) request name added as sponsor: Wooten, Hixon
04/21/21House Committee report: Favorable with amendment Judiciary (House Journal-page 15)
04/22/21 Scrivener's error corrected
04/27/21House Debate adjourned (House Journal-page 93)
04/27/21House Member(s) request name added as sponsor: Erickson, Bradley
04/28/21House Amended (House Journal-page 12)
04/28/21House Requests for debate-Rep(s). Pope, Cobb-Hunter, Simrill, Ott, Blackwell, Taylor, Caskey, McGarry, Bustos, Cogswell, Bennet, Willis, B. Cox, Hiott, Allison, Magnuson, King, Henderson-Myers, JA Moore, Brawley, J.L. Johnson, Hosey, Cluburn, Govan, Henegan, Kirby, Herbkersman, Bailey, Hewitt, Garvin, Alexander, Oremus, R. Williams, Bamberg, McCravy, Jefferson, Sandifer, M. Smith, Wheeler, McGinnis, Hardee, West, Weeks, Hyde, Bruyant, Daning, Gilliam and Dillard (House Journal-page 12)
05/05/21House Debate adjourned until Thur., 5-6-21 (House Journal-page 32)
05/11/21House Debate adjourned until Wed., 5-12-21 (House Journal-page 56)
05/12/21House Amended (House Journal-page 44)
05/12/21House Read second time (House Journal-page 44)
05/12/21House Roll call Yeas-100 Nays-13 (House Journal-page 51)
05/13/21House Read third time and sent to Senate (House Journal-page 28)
05/13/21Senate Introduced and read first time (Senate Journal-page 6)
05/13/21Senate Referred to Committee on Judiciary (Senate Journal-page 6)
05/13/21 Scrivener's error corrected
07/16/21Senate Referred to Subcommittee: Senn (ch), Malloy, Kimpson, Matthews, Adams, Garrett, Gustafson
04/20/22Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 12)
05/03/22Senate Committee Amendment Amended and Adopted (Senate Journal-page 24)
05/04/22 Scrivener's error corrected
05/04/22Senate Read second time (Senate Journal-page 32)
05/04/22Senate Roll call Ayes-41 Nays-0 (Senate Journal-page 32)
05/05/22Senate Read third time and returned to House with amendments (Senate Journal-page 15)
05/11/22House Debate adjourned (House Journal-page 75)
05/12/22House Concurred in Senate amendment and enrolled (House Journal-page 13)
05/12/22House Roll call Yeas-103 Nays-4 (House Journal-page 18)
05/18/22 Ratified R 246
05/23/22 Signed By Governor
06/01/22 Effective date See Act for Effective Date
06/01/22 Act No. 218


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