Bill Text: SC S0124 | 2021-2022 | 124th General Assembly | Introduced


Bill Title: SC LEADS Act

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced) 2021-01-12 - Referred to Committee on Judiciary [S0124 Detail]

Download: South_Carolina-2021-S0124-Introduced.html


A BILL

TO ENACT THE "SC LEADS ACT"; TO AMEND CHAPTER 23, TITLE 23 OF THE 1976 CODE, RELATING TO THE LAW ENFORCEMENT TRAINING COUNCIL AND CRIMINAL JUSTICE ACADEMY, BY ADDING SECTION 23-23-85, TO PROVIDE THAT THE LAW ENFORCEMENT TRAINING COUNCIL SHALL ESTABLISH REQUIRED STANDARDS FOR ALL LAW ENFORCEMENT AGENCIES, TO PROVIDE THAT THE COUNCIL SHALL HAVE THE AUTHORITY TO TAKE PUNITIVE ACTION AGAINST ANY LAW ENFORCEMENT AGENCY THAT REFUSES TO IMPLEMENT AND ENFORCE COMPLIANCE WITH THESE STANDARDS, AND TO PROVIDE A PENALTY FOR SUCH A FAILURE.

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

SECTION    1.    This act must be known and may be cited as the "SC LEADS Act".

SECTION    2.    Chapter 23, Title 23 of the 1976 Code is amended by adding:

    "Section 23-23-85.    (A)    The council shall establish required standards for all law enforcement agencies. The standards must include, but are not limited to, policies regarding:

        (1)    the use-of-force continuum and the elimination or restricted use of lethal and less than lethal options with regard to when and how to respond to active resistance;

        (2)    uniform vehicle pursuit standards and the use of lethal options during pursuit;

        (3)    an officer's duty to intervene in the actions of other observed officers;

        (4)    hiring and terminating practices;

        (5)    mandatory and uniform post-basic academy field training;

        (6)    uniform implementation and the use of body-worn and car cameras; and

        (7)    the use of 'no knock' warrants.

    (B)    The council shall have the authority to take punitive action against any law enforcement agency that refuses to implement and enforce compliance with these standards, including civil fines, exclusion from grant funding, and making recommendations to the governing political subdivision for the dissolution of a department.

    (C)    The council may impose civil fines in its discretion not to exceed one thousand dollars per day for each day an agency is out of compliance with this section.

    (D)    Nothing in this section shall be construed to prevent or prohibit law enforcement agencies from adopting policies that exceed the standards adopted by the council."

SECTION    3.    This act takes effect upon approval by the Governor.

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