Bill > H4387

This bill amends South Carolina law regarding the reporting and prosecution of law enforcement officer misconduct by the South Carolina Criminal Justice Academy. The legislation limits prosecutorial discretion for certain types of misconduct, specifically requiring law enforcement agencies to prosecute allegations in specific categories and providing stricter guidelines for declining prosecution. Under the new provisions, agencies must provide a detailed written report to the council explaining why an allegation can no longer be proven if they choose not to prosecute, and the agency head must personally appear at the next council meeting to explain their reasoning. The bill also introduces potential civil penalties for agencies that fail to report misconduct, with fines up to $500 per day for non-compliance. Specifically, agencies must report any acts of misconduct by current or former officers within fifteen days of completing an internal investigation, using a form prescribed by the council. The law aims to increase transparency and accountability in handling law enforcement misconduct cases by removing some prosecutorial discretion and mandating more comprehensive reporting and explanation when allegations are not pursued. The bill will take effect upon approval by the Governor.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=4387&session=126&summary=B