A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 32 TO TITLE 14 SO AS TO ESTABLISH THE "JUDICIAL CRIMINAL INFORMATION TECHNOLOGY COMMITTEE"; BY ADDING ARTICLE 9 TO CHAPTER 23, TITLE 16 entitled "background checks for firearm sales and transfers" SO AS TO ESTABLISH REQUIREMENTS FOR BACKGROUND CHECKS FOR FIREARM SALES AND TRANSFERS; BY ADDING CHAPTER 32 TO TITLE 17 entitled "asset forfeiture and private property protection act" SO AS TO PROVIDE FOR PROCEDURES AND REQUIREMENTS REGARDING ASSET FORFEITURE AND PROTECTION OF PRIVATE PROPERTY IN CERTAIN CIRCUMSTANCES; BY ADDING SECTION 17-15-270 SO AS TO REQUIRE THAT A PERSON WHO IS ARRESTED AT A MENTAL HEALTH INSTITUTION OR FACILITY FROM WHICH THE PERSON RECEIVES TREATMENT MUST UNDERGO A MENTAL HEALTH EVALUATION BEFORE A BOND HEARING; BY AMENDING SECTION 17-15-55, RELATING TO THE RECONSIDERATION BY THE CIRCUIT COURT OF BOND SET BY THE SUMMARY COURT, SO AS TO PROVIDE THAT IF A PERSON RECEIVES A SUBSEQUENT BOND AFTER BEING RELEASED ON BOND FOR A PREVIOUS VIOLENT OFFENSE OR FELONY OFFENSE INVOLVING A FIREARM, THE BONDSMAN MUST CERTIFY THAT ALL FEES ASSOCIATED WITH THE BOND WERE PAID IN FULL AT THE TIME OF THE BONDING, AND TO PROVIDE THAT IF A PERSON RECEIVES A BOND AFTER TWO PRIOR BONDS SET FOR SEPARATE VIOLENT OR FELONY OFFENSES INVOLVING A FIREARM, THAT BOND MAY NOT BE POSTED BY A BOND SURETY; BY AMENDING SECTION 17-15-30, RELATING TO MATTERS TO BE CONSIDERED IN DETERMINING CONDITIONS OF RELEASE, SO AS TO PROVIDE THAT THE COURT MUST CONSIDER WHETHER A PERSON IS CURRENTLY OUT ON BOND FOR A PRIOR OFFENSE WHEN SETTING BOND; BY AMENDING SECTION 22-5-510, RELATING TO BAIL AND BOND HEARINGS AND INFORMATION TO BE PROVIDED TO THE MAGISTRATE, SO AS TO PROVIDE THAT A MAGISTRATE MUST CONSIDER WHETHER A PERSON IS OUT ON BOND FOR ANOTHER PRIOR OFFENSE WHEN SETTING A BOND; BY ADDING SECTION 23-1-255 SO AS TO PROVIDE IT IS UNLAWFUL FOR LAW ENFORCEMENT OFFICERS TO USE EXCESSIVE FORCE WHEN DETAINING OR ARRESTING PERSONS, TO PROVIDE A PENALTY, TO PROVIDE THE PROCEDURE FOR INVESTIGATING THE DEATH OF PERSONS BY THE USE OF EXCESSIVE FORCE, AND TO DEFINE CERTAIN TERMS; BY ADDING SECTION 23-1-260 SO AS TO PROVIDE LAW ENFORCEMENT AGENCIES MAY NOT ACQUIRE OR PURCHASE CERTAIN MILITARY ITEMS; BY ADDING SECTION 23-1-270 SO AS TO REQUIRE STATE AND LOCAL LAW ENFORCEMENT AGENCIES TO ADOPT AND MAINTAIN A WRITTEN POLICY REGARDING THE USE OF TASER DEVICES OR STUN GUNS THAT MEETS OR EXCEEDS THE MODEL POLICY TO BE DEVELOPED BY THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, TO REQUIRE LAW ENFORCEMENT OFFICERS TO DOCUMENT EACH USE OF A TASER DEVICE OR STUN GUN, TO REQUIRE EACH STATE AND LOCAL LAW ENFORCEMENT AGENCY TO SUBMIT AN ANNUAL REPORT TO THE DIRECTOR OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY TO POST THE ANNUAL REPORTS REGARDING TASER DEVICE OR STUN GUN USAGE ON ITS INTERNET WEBSITE, AND TO REQUIRE THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL TO DEVELOP AND PROMULGATE A MODEL POLICY PROVIDING GUIDELINES ON THE USE OF TASER DEVICES OR STUN GUNS BY LAW ENFORCEMENT OFFICERS; AND BY AMENDING SECTION 23-23-20, RELATING TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, SO AS TO AUTHORIZE ITS DIRECTOR TO DETERMINE THE LOCATION OF A TRAINING FACILITY.

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

SECTION 1.  Title 14 of the S.C. Code is amended by adding:

    CHAPTER 32

    Judicial Criminal Information Technology Committee

    Section 14-32-10.  There is hereby established a committee to be known as the "Judicial Criminal Information Technology Committee", which must exercise the powers and fulfill the duties described in this chapter.

    Section 14-32-20.  (A) The committee shall be composed of the following:

       (1) a member of the Senate, appointed by the Chair of the Senate Judiciary Committee;

       (2) a member of the House of Representatives, appointed by the Chair of the House Judiciary Committee;

       (3) the Chief Justice of the Supreme Court, who shall serve ex officio;

       (4) one member who is a judge of the State, appointed by the Chief Justice of the Supreme Court;

       (5) one member who is a clerk of court, appointed by the Chief Justice of the Supreme Court;

       (6) one member who is a circuit solicitor, appointed by the Attorney General;

       (7) one member who is a circuit public defender, appointed by the Chief Justice of the Supreme Court; and

       (8) one member who is a sheriff or municipal chief of police, appointed by the Governor;

    (B) The members who are appointed shall serve for period of three years and may be reappointed.

    (C) The committee must meet as soon as practicable after appointment and organize itself by electing one of its members as chair and such other officers as the oversight committee may consider necessary. Thereafter, the oversight committee must meet at least annually and at the call of the chair or by a majority of the members.  A quorum consists of five members.

    Section 14-32-30.  The committee has the following powers and duties:

    (1) to review the current state of law enforcement information technology and reporting including, but not limited to, the timeframe and accuracy of the filing of reports, fingerprints and related offender information, and evidence discovery to prosecutors, courts, and to the South Carolina Law Enforcement Division criminal information database;

    (2) to review the current state of judicial information technology including, but not limited to, the technology and funding needs of state and local court systems, the technology and funding needs of state and local law enforcement agencies, and the current efficiency, timeliness, and accuracy of filings;

    (3) to recommend the implementation of an accurate and secure centralized court reporting system for all courts in the State and to explore funding options, and recommend legislation, rules, or regulations to enhance the overall efficiency of the judicial system and criminal reporting by law enforcement.  An initial report must be given to the Chairmen of the House and Senate Judiciary Committees by December 15, 2024, detailing the current status of agency needs, funding requirements, and recommendations and findings of the committee;

    (4) to recommend to the Supreme Court changes to the court rules to effectuate the adoption of a centralized court reporting system and the implementation with, and the full compliance of, reporting deadlines.

    Section 14-32-40.  (A)  The committee members are entitled to such mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions while in the performance of the duties for which appointed. These expenses must be paid from the general fund of the State on warrants duly signed by the chair of the oversight committee and payable by the authorities from which a member is appointed.

    (B)  The committee is encouraged to apply for and may expend grants, gifts, or federal funds it receives from other sources to carry out its duties and responsibilities.

    Section 14-32-50.  (A)  The committee may employ or retain other professional staff, upon the determination of the necessity for other staff by the committee.

    (B)  The committee may employ consultants to assist in the evaluations and, when necessary, the implementation of the recommendations report.

SECTION 2.  Chapter 23, Title 16 of the S.C. Code is amended by adding:

    Article 9

    Background Checks for Firearm Sales and Transfers

    Section 16-23-910. As used in this article:

    (1) "Firearm" means a weapon, including a starter gun, that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive, the frame or receiver of such weapon, a firearm muffler or firearm silencer, or a destructive device. The term does not include an antique firearm.

    (2) "Licensed dealer" means the holder of any federal firearms license under 18 U.S.C. Section 923(a).

    (3) "Transfer" means to sell, furnish, give, lend, deliver, or otherwise provide, with or without consideration.

    (4) "Transferee" means a person who receives or intends to receive a firearm in a sale or transfer.

    Section 16-23-920. For any sale or transfer of a firearm for which a licensed dealer contacts the National Instant Criminal Background Check System (NICS) to conduct a background check, a licensed gun dealer may not deliver a firearm to any transferee unless the NICS provides the licensed dealer with a unique identification number or five days have elapsed from the date the licensed dealer contacted the NICS and the NICS has not notified the licensed dealer that a sale or transfer to such person would violate state or federal law.

    Section 16-23-930. A person who violates the provisions of this article is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years or fined not more than one thousand dollars, or both.

SECTION 3.  Title 17 of the S.C. Code is amended by adding:

    CHAPTER 32

    Asset Forfeiture and Private Property Protection

    Section 17-32-10.  This chapter may be cited as the "Asset Forfeiture and Private Property Protection Act".

    Section 17-32-20.  As used in this chapter:

    (1) "Contraband" means goods that are unlawful to import, export, or possess.

    (2) "Conveyance" means a device used for transportation, including a motor vehicle, trailer, snowmobile, airplane, vessel, and any equipment attached to it. This term does not include property that is stolen or taken in violation of the law.