The bill H. 4387 aims to amend Section 23-23-150 of the South Carolina Code of Laws, which pertains to the adjudication of allegations of law enforcement officer misconduct reported to the South Carolina Criminal Justice Academy. The proposed changes include limiting prosecutorial discretion for certain types of misconduct allegations, specifically those outlined in subsection (A)(3)(g)-(m), and requiring law enforcement agencies to provide additional information in their written reports when they choose not to prosecute allegations of misconduct. Agencies must now explain in detail why they believe the allegations can no longer be proven by a preponderance of evidence and have their agency head present this explanation at the next council meeting.

Additionally, the bill establishes a civil penalty for willful failure to report misconduct, allowing the council to impose fines of up to five hundred dollars per day for non-compliance. The bill is designed to enhance accountability and transparency within law enforcement agencies regarding misconduct allegations, ensuring that there is a clear process for reporting and adjudicating such cases. The act will take effect upon approval by the Governor.

Statutes affected:
04/23/2025: 23-23-150
Latest Version: 23-23-150