Bill Text: SC H3356 | 2019-2020 | 123rd General Assembly | Introduced
Bill Title: Law enforcement officers
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2019-01-08 - Referred to Committee on Judiciary [H3356 Detail]
Download: South_Carolina-2019-H3356-Introduced.html
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1092 SO AS TO PROVIDE THAT A BYSTANDER SHALL REMAIN AT LEAST TWELVE FEET AWAY FROM A LAW ENFORCEMENT OFFICER WHEN THE OFFICER IS APPREHENDING, ARRESTING, SEARCHING, OR CONSULTING AN INDIVIDUAL WHEN THE BYSTANDER IS RECORDING THE ACTIONS OF THE OFFICER, AND TO PROVIDE A PENALTY.
Be it enacted by the General Assembly of the State of South Carolina:
Whereas, roughly 135 police officers died in 2016, making it the deadliest year for police officers in at least five years; and
Whereas, while there were fewer deaths in 2017, a total of 129 officers died with 46 of those caused by gunfire; and
Whereas, since the start of 2018, at least 76 law enforcement officers across the United States have died while on duty - with at least 43 of those deaths caused by gunfire; and
Whereas, a citizen has the right to video record or take pictures of anything within plain view in an outdoor public place where he legally is present; and
Whereas, due to the increasing trend of bystanders recording law enforcement officer-involved incidents, many officers have developed the mentality to treat every citizen encounter as if it is being recorded; and
Whereas, with the pervasive use of cell phones and other recording devices, it increasingly is common to see videos of crimes and criminal suspects on social media before a law enforcement officer arrives on the scene of a crime; and
Whereas, in order to protect our law enforcement officers while they perform their jobs, bystanders who record an incident involving a law enforcement officer should remain at a safe distance from the scene of the incident site. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 11, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-1092. A bystander who is recording an incident scene with a camera or another recording device must remain no less than twelve feet from a law enforcement officer while the officer is apprehending, arresting, searching, or consulting an individual. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days."
SECTION 2. This act takes effect upon approval by the Governor.
