A law enforcement by alicejenny

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									 1 COMMITTEE REPORT
 2 May 23, 2000
 3
 4                                                          S. 1321
 5
 6                     Introduced by Senator Rankin
 7
 8   S. Printed 5/23/00--H.
 9   Read the first time April 12, 2000.
10
11
12               THE COMMITTEE ON JUDICIARY
13     To whom was referred a Bill (S. 1321), to amend Title 23, Code
14   of Laws of South Carolina, 1976, relating to law enforcement, by
15   adding Chapter 20, so as to enact the Law Enforcement Assistance
16   and Support Act, etc., respectfully
17                               REPORT:
18     That they have duly and carefully considered the same, and
19   recommend that the same do pass with amendment:
20
21     Amend the bill, as and if amended, by striking all after the
22   enacting words and inserting:
23     / SECTION 1. Title 23 of the 1976 Code is amended by adding:
24                              “CHAPTER 20
25     Section 23-20-10.      This chapter may be cited as the „Law
26   Enforcement Assistance and Support Act‟.
27     Section 23-20-20.      As used in this chapter:
28        (1) „Law enforcement agency‟ means any state, county,
29   municipal, or local law enforcement authority that enters into a
30   contractual agreement for the procurement of law enforcement
31   support services.
32        (2) „Law enforcement provider‟ means any in-state or
33   out-of-state law enforcement authority that provides law
34   enforcement services to a law enforcement agency pursuant to this
35   chapter.
36        (3) „Law enforcement services‟ means any law enforcement
37   assistance or service for which a fee is paid based on a contractual
38   agreement.
39     Section 23-20-30. (A) The General Assembly recognizes the
40   need to promote public safety and further recognizes that there
41   may be situations where additional law enforcement officers are
42   needed to maintain the public peace and welfare. Therefore, the

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 1   General Assembly authorizes a law enforcement agency of this
 2   State to enter into contractual agreements with other law
 3   enforcement providers as may be necessary for the proper and
 4   prudent exercise of public safety functions. Public safety functions
 5   include traditional public safety activities which are performed
 6   over a specified time period for patrol services, crowd control and
 7   traffic control, and other emergency service situations. All
 8   contractual agreements shall adhere to the requirements contained
 9   in Section 23-20-40.
10      (B) Nothing in this chapter may be construed to alter, amend,
11   or affect any rights, duties, or responsibilities of law enforcement
12   authorities established by South Carolina‟s constitutional or
13   statutory laws or established by the ordinances of South Carolina‟s
14   political subdivisions, except as expressly provided for in this
15   chapter.
16      Section 23-20-40.      All written contractual agreements for law
17   enforcement services must include, but may not be limited to, the
18   following:
19         (a) a statement of the specific services to be provided;
20         (b) specific language dealing with financial agreements
21   between the parties;
22         (c) specification of the records to be maintained concerning
23   the performance of services to be provided to the agency;
24         (d) language dealing with the duration, modification, and
25   termination of the contract;
26         (e) specific language dealing with the legal contingencies for
27   any lawsuits or the payment of damages that arise from the
28   provided services;
29         (f)    a stipulation as to which law enforcement authority
30   maintains control over the law enforcement provider‟s personnel;
31   and
32         (g) specific arrangements for the use of equipment and
33   facilities.
34      Section 23-20-50.      (A) An agreement entered into pursuant to
35   this chapter on behalf of a law enforcement authority must be
36   approved by the appropriate state, county, or local law
37   enforcement authority‟s chief executive officer.         A state law
38   enforcement authority must provide a copy of the agreement to the
39   Governor and the Executive Director of the State Budget and
40   Control Board no later than one business day after executing the
41   agreement.      An agreement entered into with a local law
42   enforcement authority pursuant to this chapter must be approved
43   by the governing body of each jurisdiction. For           agreements

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 1   entered into prior to June 1, 2000, the agreement may be ratified
 2   by the governing body of each jurisdiction.
 3      (B) The officers of the law enforcement provider have the same
 4   legal rights, powers, and duties to enforce the laws of South
 5   Carolina as the law enforcement agency contracting for the
 6   services.
 7      Section 23-20-60.     The Governor, upon the request of a law
 8   enforcement authority or in his discretion, may by executive order,
 9   waive the requirement for a written contractual agreement for law
10   enforcement services required by this chapter during a natural
11   disaster or other emergency affecting public safety.”
12      SECTION 2. This act takes effect upon approval by the
13   Governor. /
14      Renumber sections to conform.
15      Amend totals and title to conform.
16
17   JAMES H. HARRISON, for Committee.
18




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 9                             A BILL
10
11   TO AMEND TITLE 23, CODE OF LAWS OF SOUTH
12   CAROLINA, 1976, RELATING TO LAW ENFORCEMENT, BY
13   ADDING CHAPTER 20, SO AS TO ENACT THE “LAW
14   ENFORCEMENT ASSISTANCE AND SUPPORT ACT” BY
15   PERMITTING LAW ENFORCEMENT AGENCIES OF THIS
16   STATE TO ENTER INTO CONTRACTUAL AGREEMENTS
17   FOR LAW ENFORCEMENT SUPPORT SERVICES UNDER
18   CERTAIN CONDITIONS, TO REQUIRE THESE CONTRACTS
19   TO INCLUDE CERTAIN PROVISIONS RELATING TO THE
20   SERVICES PROVIDED, TO REQUIRE THAT OFFICERS OF
21   THE LAW ENFORCEMENT PROVIDER BE UNDER THE
22   IMMEDIATE CONTROL AND SUPERVISION OF THE
23   CONTRACTING AGENCY, AND TO ALLOW THE
24   GOVERNOR     TO     WAIVE    THE   CONTRACTUAL
25   REQUIREMENTS OF THIS CHAPTER DURING A NATURAL
26   DISASTER.
27
28   Be it enacted by the General Assembly of the State of South
29   Carolina:
30
31   SECTION 1. Title 23 of the 1976 Code is amended by adding:
32
33                           “CHAPTER 20
34
35     Section 23-20-10. This chapter may be cited as the „Law
36   Enforcement Assistance and Support Act‟.
37
38     Section 23-20-20. As used in this chapter:
39        (1) „Law enforcement agency‟ means any state, county,
40   municipal, or local law enforcement authority that enters into a
41   contractual agreement for law enforcement support services.


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 1        (2) „Law enforcement provider‟ means any in-state or out-
 2   of-state law enforcement agency that provides law enforcement
 3   services to a law enforcement agency pursuant to this chapter.
 4        (3) „Law enforcement services‟ means any law enforcement
 5   assistance or service for which a fee is paid based on a contractual
 6   agreement.
 7
 8      Section 23-20-30. The General Assembly recognizes the need
 9   to promote public safety and further recognizes that there may be
10   situations where additional law enforcement officers are needed to
11   maintain the public peace and welfare. Therefore, the General
12   Assembly authorizes a law enforcement agency of this State to
13   enter into contractual agreements with other law enforcement
14   providers as may be necessary for the proper and prudent exercise
15   of public safety functions. Public safety functions include
16   traditional public safety activities which are performed over a
17   specified time period for patrol services, crowd control and traffic
18   control, and other emergency service situations. All contractual
19   agreements shall adhere to the requirements contained in Section
20   23-20-40.
21
22      Section 23-20-40. All written contractual agreements for law
23   enforcement services must include:
24         (a) a statement of the specific services to be provided;
25         (b) specific language dealing with financial agreements
26   between the parties;
27         (c) specification of the records to be maintained concerning
28   the performance of services to be provided to the agency;
29         (d) language dealing with the duration, modification, and
30   termination of the contract;
31         (e) specific language dealing with the legal contingencies for
32   any lawsuits or the payment of damages that arise from the
33   provided services;
34         (f) a stipulation that the law enforcement agency maintains
35   control over all personnel; and
36         (g) specific arrangements for the use of equipment and
37   facilities.
38
39      Section 23-20-50. (A) An agreement entered into pursuant to
40   this chapter on behalf of a law enforcement agency must be
41   approved by the appropriate state, county, or local governing
42   authority prior to becoming effective.


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 1      (B) The officers of the law enforcement provider have the same
 2   legal rights, powers, and duties to enforce the laws of South
 3   Carolina as the law enforcement agency contracting for the
 4   services, except that all such officers shall be under the immediate
 5   supervision and control of a law enforcement officer with the
 6   contracting law enforcement agency.
 7
 8     Section 23-20-60. The Governor, in his discretion, may by
 9   executive order, waive any of the contractual requirements of this
10   chapter during a natural disaster.”
11
12   SECTION 2. This act takes effect upon approval by the Governor.
13                             ----XX----




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