Signed by Governor Henry McMaster

Vote Smart's Synopsis:

Vote to pass a bill that specifies the actions that constitute unlawful use of force by police.

Highlights:

• Expands the definition of law enforcement misconduct to include when an officer wilfully fails to intervene while observing another abusing a person, regardless of arrest (Sec. 2, Pg. 3).

• Expands further the definition of misconduct to include failing to report another officer for said abuse (Sec. 2, Pg. 3).

• Requires the sheriffs of law enforcement agencies to report to the Law Enforcement Academy any instances of law enforcement misconduct (Sec. 2, Pg. 3).

• Requires the reporting law enforcement agency to prosecute the misconduct case before sending it to a contested case hearing (Sec. 2, Pg. 3).

• Specifies a maximum civil penalty fine of $500 per day for each day an agency wilfully fails to report information related to misconduct (Sec. 2, Pg. 3).

• Limits the use of chokeholds or carotid holds to circumstances in which the use of deadly force is reasonably authorized (Sec. 3, Pg. 3).

• Requires the Law Enforcement Training Council to develop curriculum for the lawful use of chokeholds (Sec. 3, Pg. 4).

• Requires the Council to develop minimum standards for agencies, including for the use of force (Sec. 4, Pg. 4).

• Specifies that the use of unreasonable, excessive force may be considered misconduct and grounds for disciplinary action, including dismissal, demotion, suspension, or transfer (Sec. 3, Pgs. 3 & 4).

• Prohibits a law enforcement officer employed or appointed on or after July 1, 2022 from carrying out any of their duties or enforcing any laws unless they are certified (Sec. 1, Pg. 1).

• Authorizes a law enforcement agency to employ someone who is not certified, so long as they become certified within the next 12 months, and with the restriction that they cannot hold any powers or duties of law enforcement until they are certified (Sec. 1, Pg. 1).

• Prohibits any law enforcement officer from performing duties that involve controlling or directing the public, or enforcing the power of arrest, without completing a firearm qualification program (Sec. 1, Pg. 1).

• Requires newly employed officers to be accompanied by a certified officer while on duty (Sec. 1, Pg. 2).

• Authorizes law enforcement agencies to allow a person to perform the above duties if the requested firearm qualification training program is not available at the required time (Sec. 1, Pg. 2).

• Authorizes certain exceptions to the certification requirement to be granted (Sec. 1, Pg. 2).

• Extends certification deadline for officers beginning military service within the first 12 months of employment (Sec. 1, Pg. 2).

• Establishes the Compliance Division under the supervision of the Council to inspect law enforcement agencies (Sec. 5, Pg. 4).

• Requires all public law enforcement agencies to comply with the above provisions and establishes procedures and penalties for the lack of compliance (Sec. 6, Pgs. 5 & 6).

• Requires officers to sign an attestation form committing to the practice of ethical policing devoid of misconduct (Sec. 7, Pg. 6).

• Specifies that Sections 4 and 5 of this act take effect January 1, 2023, with the rest taking effect upon approval by the Governor (Sec. 9, Pg. 6).

Full Bill Text