Bill Text: SC S0078 | 2021-2022 | 124th General Assembly | Introduced


Bill Title: Report to SLED

Spectrum: Bipartisan Bill

Status: (Introduced) 2021-01-12 - Referred to Committee on Judiciary [S0078 Detail]

Download: South_Carolina-2021-S0078-Introduced.html


A BILL

TO AMEND SECTION 14-17-325 OF THE 1976 CODE, RELATING TO THE CLERK OF COURT REPORTING THE DISPOSITION OF EACH CASE IN THE COURT OF GENERAL SESSIONS, TO REQUIRE EVERY CLERK OF COURT TO REPORT TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION WITHIN TEN DAYS, WEEKENDS AND HOLIDAYS EXCLUDED, THE DISPOSITION OF EACH CASE IN GENERAL SESSIONS AND TO REPORT WITHIN FORTY-EIGHT HOURS THE ISSUANCE OF A RESTRAINING ORDER, AN ORDER OF A STATE FIREARMS PROHIBITION, OR ORDERS AS DIRECTED BY A JUDGE; TO AMEND CHAPTER 1, TITLE 22 OF THE 1976 CODE, RELATING TO MAGISTRATES GENERALLY, BY ADDING SECTION 22-1-200, TO REQUIRE MAGISTRATES TO REPORT TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION WITHIN TEN DAYS, WEEKENDS AND HOLIDAYS EXCLUDED, THE DISPOSITION OF EACH CRIMINAL CASE AND TO REPORT WITHIN FORTY-EIGHT HOURS THE ISSUANCE OF A RESTRAINING ORDER, AN ORDER OF PROTECTION, AN ORDER OF A STATE FIREARMS PROHIBITION, OR ORDERS AS DIRECTED BY THE MAGISTRATE; TO AMEND ARTICLE 1, CHAPTER 25, TITLE 14 OF THE 1976 CODE, RELATING TO MUNICIPAL COURTS, BY ADDING SECTION 14-25-250, TO REQUIRE MUNICIPAL JUDGES TO REPORT TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION WITHIN TEN DAYS, WEEKENDS AND HOLIDAYS EXCLUDED, THE DISPOSITION OF EACH CRIMINAL CASE AND TO REPORT WITHIN FORTY-EIGHT HOURS THE ISSUANCE OF A RESTRAINING ORDER, AN ORDER OF PROTECTION, AN ORDER OF A STATE FIREARMS PROHIBITION, OR ORDERS AS DIRECTED BY THE MUNICIPAL JUDGE; TO AMEND ARTICLE 5, CHAPTER 3, TITLE 63 OF THE 1976 CODE, RELATING TO JURISDICTION AND COURT POWERS AND PROCEDURES, BY ADDING SECTION 63-3-545, TO REQUIRE EVERY CLERK OF FAMILY COURT TO REPORT TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, WITHIN FORTY-EIGHT HOURS, THE RECEIPT OF A RESTRAINING ORDER, AN ORDER OF PROTECTION, OR ORDERS AS DIRECTED BY A JUDGE; TO AMEND CHAPTER 1, TITLE 23 OF THE 1976 CODE, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING SECTION 23-1-250, TO REQUIRE EACH LAW ENFORCEMENT AGENCY TO REPORT TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION WITHIN TWENTY-FOUR HOURS THE FILING OF EACH INCIDENT REPORT, ORDER OF PROTECTION, RESTRAINING ORDER, ORDER OR REPORT RELATING TO AN INCIDENT OF DOMESTIC VIOLENCE, OR ANY INCIDENT IN WHICH A PERSON MAY BE PROHIBITED FROM OBTAINING OR POSSESSING A FIREARM BY STATE OR FEDERAL LAW; AND TO AMEND TITLE 14 OF THE 1976 CODE, RELATING TO THE COURTS, BY ADDING CHAPTER 32, TO CREATE THE JUDICIAL CRIMINAL INFORMATION TECHNOLOGY COMMITTEE AND TO ESTABLISH ITS MEMBERSHIP, DUTIES, AND RESPONSIBILITIES, INCLUDING THE STUDY OF AND RECOMMENDATIONS FOR THE IMPROVEMENT OF JUDICIAL AND LAW ENFORCEMENT INFORMATION TECHNOLOGY AND REPORTING.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    A.        Section 14-17-325 of the 1976 Code is amended to read:

    "Section 14-17-325.    (A)    Every clerk of court shall report the disposition of each case in the Court of General Sessions to the State Law Enforcement Division within thirty ten days of disposition, weekends and holidays excluded.

    (B)    The clerk of court shall also report to the State Law Enforcement Division, within forty-eight hours, the receipt of:

        (1)    any permanent restraining orders;

        (2)    any orders of state firearms prohibition pursuant to Section 16-25-30; or

        (3)    any orders if directed to be transmitted to the State Law Enforcement Division by a judge, to include any other restraining orders, orders of protection, or other orders that prohibit a person from legally purchasing or possessing a firearm.

    (C)    The disposition report must be in a format approved by representatives of The reporting required by this section must be in a format approved by the State Law Enforcement Division and the office of court administration Office of Court Administration. With the approval of the State Law Enforcement Division and the office of court administration, this reporting requirement may be satisfied by use of General Sessions docket information transmitted to the office of the court administration."

B.    This SECTION takes effect July 1, 2021.

SECTION    2.    A.        Chapter 1, Title 22 of the 1976 Code is amended by adding:

    "Section 22-1-200.    (A)    Magistrates shall report the disposition of each criminal case to the State Law Enforcement Division within ten days, weekends and holidays excluded.

    (B)    Magistrates shall also report to the State Law Enforcement Division, within forty-eight hours, the issuance of:

        (1)    any restraining orders and emergency restraining orders;

        (2)    any magistrate court orders of protection from domestic abuse act orders;

        (3)    any orders of state firearms prohibition pursuant to Section 16-25-30; or

        (4)    any orders that the magistrate directs to be transmitted to the State Law Enforcement Division, to include any other restraining orders, orders of protection, or other orders that prohibit a person from legally purchasing or possessing a firearm.

    (C)    The reporting required by this section must be in a format approved by the State Law Enforcement Division and the Office of Court Administration."

B.    This SECTION takes effect July 1, 2021.

SECTION    3.    A.        Article 1, Chapter 25, Title 14 of the 1976 Code is amended by adding:

    "Section 14-25-250.    (A)    Each municipal judge shall report the disposition of each criminal case to the State Law Enforcement Division within ten days, weekends and holidays excluded:

    (B)    A municipal judge shall also report to the State Law Enforcement Division, within forty-eight hours, the issuance of:

        (1)    any restraining orders and emergency restraining orders;

        (2)    any municipal court orders of protection from domestic abuse act orders;

        (3)    any orders of state firearms prohibition pursuant to Section 16-25-30; or

        (4)    any orders that the municipal judge directs to be transmitted to the State Law Enforcement Division, to include any other restraining orders, orders of protection, or other orders that prohibit a person from legally purchasing or possessing a firearm.

    (C)    The reporting required by this section must be in a format approved by the State Law Enforcement Division and the Office of Court Administration."

B.    This SECTION takes effect July 1, 2021.

SECTION    4.    A.        Article 5, Chapter 3, Title 63 of the 1976 Code is amended by adding:

    "Section 63-3-545.    (A)    A clerk of the family court shall report to the State Law Enforcement Division, within forty-eight hours, the receipt of:

        (1)    any permanent restraining orders;

        (2)    any family court orders of protection from domestic abuse act orders; or

        (3)    any orders if directed to be transmitted to the State Law Enforcement Division by a judge, to include any other restraining orders, orders of protection, or other orders that prohibit a person from legally purchasing or possessing a firearm, including any and all orders referenced in Section 16-25-30.

    (B)    The reporting required by this section must be made in a format approved by the State Law Enforcement Division and the Office of Court Administration."

B.    This SECTION takes effect July 1, 2021.

SECTION    5.    A.        Chapter 1, Title 23 of the 1976 Code is amended by adding:

    "Section 23-1-250.    (A)    Each law enforcement agency must report to the State Law Enforcement Division within twenty-four hours:

        (1)    the filing of an incident report for each criminal case;

        (2)    the filing of an order of protection, a restraining order, or any order or report relating to an incident of domestic violence; or

        (3)    any incident in which a person may be prohibited from obtaining or possessing a firearm by state or federal law.

    (B)    The report must be made in a format approved by representatives of the State Law Enforcement Division."

B.    This SECTION takes effect July 1, 2021.

SECTION    6.    Title 14 of the 1976 Code is amended by adding:

"CHAPTER 32

Judicial Criminal Information Technology Committee

    Section 14-32-10.    There is hereby established the Judicial Criminal Information Technology Committee, which must exercise the powers and fulfill the duties described in this chapter.

    Section 14-32-20.    (A)    The committee is composed of the following:

        (1)    a member of the Senate, appointed by the Chair of the Senate Judiciary Committee;

        (2)    a member of the House of Representatives, appointed by the Chair of the House of Representatives Judiciary Committee;

        (3)    the Chief Justice of the Supreme Court, who shall serve ex officio;

        (4)    one member who is a judge of the State, appointed by the Chief Justice of the Supreme Court;

        (5)    one member who is a clerk of court, appointed by the Chief Justice of the Supreme Court;

        (6)    one member who is a circuit solicitor, appointed by the Attorney General;

        (7)    one member who is a circuit public defender, appointed by the Chief Justice of the Supreme Court; and

        (8)    one member who is a sheriff or municipal chief of police, appointed by the Governor.

    (B)    Committee members shall serve terms of three years and until their successors are appointed and qualify. Members of the committee may be reappointed.

    (C)    The committee must meet as soon as practicable after appointment and organize itself by electing one of its members as chair and such other officers as the committee may consider necessary. Thereafter, the committee must meet at least annually and at the call of the chair or by a majority of the members. A quorum consists of five members.

    Section 14-32-30.    The committee has the following powers and duties:

        (1)    to review the current state of law enforcement information technology and reporting, including, but not limited to, the timeframe and accuracy of the filing of reports, fingerprints and related offender information, and evidence discovery to prosecutors, courts, or the State Law Enforcement Division criminal information database;

        (2)    to review the current state of judicial information technology, including, but not limited to, the technology and funding needs of state and local court systems, the technology and funding needs of state and local law enforcement agencies, and the current efficiency, timeliness, and accuracy of filings;

        (3)    to recommend the implementation of an accurate and secure centralized court reporting system for all courts in the State and to explore funding options and recommend legislation, rules, or regulations to enhance the overall efficiency of the judicial system and criminal reporting by law enforcement; and

        (4)    to recommend, to the Supreme Court, changes to the court rules to effectuate the adoption of a centralized court reporting system and the implementation of, and full compliance with, reporting deadlines.

    Section 14-32-40.    (A)    Committee members are entitled to such mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions.

    (B)    The committee is encouraged to apply for and may expend any grants, gifts, or federal funds it receives from other sources to carry out its duties and responsibilities."

SECTION    7.    An initial report pursuant to Section 14-32-30(3), as added by this act, shall be given to the Chairmen of the House of Representatives and the Senate Judiciary Committees no later than December 15, 2021, detailing the current status of agency needs, funding requirements, and recommendations and findings of the Judicial Criminal Information Technology Committee.

SECTION    8.    The repeal or amendment by this act of any law, whether temporary or permanent, or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    9.    Except where provided otherwise, this act takes effect upon approval by the Governor.

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