Bill Text: SC S0281 | 2021-2022 | 124th General Assembly | Introduced


Bill Title: Police misconduct investigation

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-01-12 - Referred to Committee on Judiciary [S0281 Detail]

Download: South_Carolina-2021-S0281-Introduced.html


A BILL

TO AMEND SECTION 23-23-150(A)(3) OF THE 1976 CODE, RELATING TO THE DEFINITION OF MISCONDUCT, TO PROVIDE THAT IT IS MISCONDUCT FOR AN OFFICER TO WILLFULLY PROVIDE A FALSE, MISLEADING, INCOMPLETE, DECEITFUL, OR INCORRECT STATEMENT ON AN AFFIDAVIT FOR THE PURPOSE OF PROCURING A WARRANT, FOR AN OFFICER TO FAIL TO REPORT WITNESSING OR HAVING KNOWLEDGE OF ANOTHER OFFICER WHO WILLFULLY PROVIDED A FALSE, MISLEADING, INCOMPLETE, DECEITFUL, OR INCORRECT STATEMENT ON AN AFFIDAVIT FOR THE PURPOSE OF PROCURING A WARRANT, OR FOR AN OFFICER TO FAIL TO REPORT OTHER MISCONDUCT.

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

SECTION    1.    Section 23-23-150(A)(3) of the 1976 Code is amended to read:

    "(3)    'Misconduct' means:

        (a)    a conviction, plea of guilty, plea of no contest or admission of guilt to a felony, a crime punishable by a sentence of more than one year, regardless of the sentence actually imposed, or a crime of moral turpitude, any of which were committed in this State or any other jurisdiction;

        (b)    the unlawful use of a controlled substance;

        (c)    the repeated use of excessive force in dealing with the public or prisoners;

        (d)    dangerous or unsafe practices involving firearms, weapons, or vehicles which indicate either a wilful or wanton disregard for the safety of persons or property;

        (e)    the physical or psychological abuse of members of the public or prisoners;

        (f)    the misrepresentation of employment-related information;

        (g)    wilfully making false, misleading, incomplete, deceitful, or incorrect statements to a law enforcement officer, a law enforcement agency, or a representative of the agency, except when required by departmental policy or by the laws of this State;

        (h)    wilfully making false, misleading, incomplete, deceitful, or incorrect statements to any court of competent jurisdiction, or their staff members, whether under oath or not;

        (i)    wilfully providing false, misleading, incomplete, deceitful, or incorrect information on a document, record, report, or form, except when required by departmental policy or by the laws of this State;

        (j)    the falsification of any application for certification and training based upon which the officer was admitted for training; or

        (k)    providing false information to the Criminal Justice Academy;

        (l)    willfully providing a false, misleading, incomplete, deceitful, or incorrect statement on an affidavit for the purpose of procuring a warrant;

        (m)    witnessing or having actual knowledge of another officer willfully providing a false, misleading, incomplete, deceitful, or incorrect statement on an affidavit for the purpose of procuring a warrant and failing to report it; or

        (n)    an officer's failure to report another officer if he witnesses any misconduct pursuant to this section."

SECTION    2.    This act takes effect upon approval by the Governor.

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