South Carolina H 3619: Mediation

Status: Referred to Committee on Judiciary (as of 2025-01-14)

State: South Carolina · Session: 2025-2026 · Bill: H 3619

Sponsors: Henderson-Myers

Bill Text

2025-2026 Bill 3619 Text of Previous Version (Dec. 12, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3619

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
23-23-165 SO AS TO PROVIDE THE LAW ENFORCEMENT TRAINING COUNCIL SHALL DEVELOP A 
MINIMUM SET OF STANDARDS THAT A STATE OR LOCAL LAW ENFORCEMENT AGENCY MUST FOLLOW 
WHEN ESTABLISHING AND IMPLEMENTING A MEDIATION PROGRAM AS AN ALTERNATE METHOD 
OF RESOLVING LAW ENFORCEMENT MISCONDUCT COMPLAINTS.

Whereas, some law 
enforcement misconduct complaints may be resolved through mediation rather than 
a traditional fact finding investigation; and

Whereas, this alternate 
complaint resolution procedure, which takes place in an informal setting, can 
be used to resolve certain complaints through dialogue and with the intent to 
strengthen relations between law enforcement agencies and the communities they 
serve; and

Whereas, mediation is a 
form of confidential dispute resolution in which complainants and law 
enforcement agency employees meet face to face with impartial mediators to 
discuss and resolve alleged misconduct; and

Whereas, it is the 
General Assembly's intent to have a uniform standard set of guidelines that 
govern each law enforcement agency that offers a mediation program as an 
alternate method of resolving law enforcement misconduct complaints. Now, therefore,

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

SECTION 1. Chapter 23, Title 23 of the S.C. Code is amended by 
adding:

 Section 
23-23-165. (A) The Law Enforcement 
Training Council shall develop a minimum set of uniform standards that a state 
or local law enforcement agency must follow when establishing and implementing 
a mediation program as an alternate method of resolving law enforcement misconduct 
complaints.

 (B) 
The standards shall include, but are not limited to:

 (1) 
the types of alleged law enforcement misconduct that may be referred to a 
mediation program;

 (2) 
individuals that may serve as mediators;

 (3) 
training required for mediators;

 (4) 
the rights and duties of a person whose complaint is referred to mediation;

 (5) 
the rights and duties of a law enforcement employee who is the subject of a 
complaint that is referred to mediation;

 (6) 
the impact of a decision rendered by a mediator;

 (7) 
steps to be taken if a decision is not rendered by a mediator; and

 (8) 
any other standards the council determines are necessary.

 (C) 
The council shall develop and offer programs to train mediators.

 (D) 
Mediators shall have no power to influence the outcome of the mediation.

 (E) A 
law enforcement agency that fails to comply with this section is subject to the 
provisions contained in Section 23-23-100.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 12, 2024 at 04:51 PM

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