Bill Text: SC H4387 | 2015-2016 | 121st General Assembly | Comm Sub
Bill Title: Quotas on citations issued by law enforcement
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2016-06-16 - Act No. 264 [H4387 Detail]
Download: South_Carolina-2015-H4387-Comm_Sub.html
COMMITTEE AMENDMENT ADOPTED
June 1, 2016
H. 4387
Introduced by Reps. Bamberg, Henegan, Clyburn, Pitts, Cobb-Hunter and Whipper
S. Printed 6/1/16--S. [SEC 6/2/16 2:57 PM]
Read the first time April 28, 2016.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-245 SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY, DEPARTMENT, OR DIVISION MAY NOT REQUIRE ITS OFFICERS TO ISSUE A SPECIFIC AMOUNT OR MEET A QUOTA FOR THE NUMBER OF CITATIONS THEIR OFFICERS ISSUE DURING A DESIGNATED PERIOD OF TIME, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY, DEPARTMENT, OR DIVISION MAY NOT COMPARE THE NUMBER OF CITATIONS ISSUED BY ITS OFFICERS FOR THE PURPOSE OF EVALUATING AN OFFICER'S JOB PERFORMANCE, TO PROVIDE THAT "POINT OF CONTACT" MAY BE USED TO EVALUATE AN OFFICER'S PERFORMANCE, TO PROVIDE THAT AN EMPLOYEE WHO FILES A REPORT THAT ALLEGES A VIOLATION OF THIS SECTION IS PROTECTED BY THE "WHISTLE BLOWER ACT", AND TO PROVIDE DEFINITIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 23 of the 1976 Code is amended by adding:
"Section 23-1-245. (A) A law enforcement agency, department, or division may not require a law enforcement officer employed by the agency, department, or division to issue a specific amount or meet a quota for the number of citations he issues during a designated period of time.
(B) Nothing in this section shall prohibit a law enforcement agency, department, or division from evaluating an officer's performance based on the officer's points of contact.
(C) An employee of a law enforcement agency, department, or division who files a report with an appropriate authority alleging a violation of the provisions contained in this section is protected by the provisions contained in Chapter 27, Title 8.
(D) As contained in this section:
(1) 'law enforcement agency, department, or division' includes, but is not limited to, municipal police departments, sheriff departments, the Highway Patrol, SLED, and other agencies that enforce state and local laws;
(2) 'quota' means a fixed or predetermined amount;
(3) 'points of contact' means a law enforcement officer's interaction with citizens and businesses within their jurisdictions and the law enforcement officer's involvement in community-oriented initiatives."
SECTION 2. This act takes effect upon approval by the Governor.