South Carolina H 3139: Warrant, execution

Bill Text

2025-2026 Bill 3139 Text of Previous Version (Feb. 04, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3139

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 
23-1-255 SO AS TO PROVIDE PROCEDURES FOR EXECUTING A WARRANT, PENALTIES FOR 
VIOLATING THESE PROCEDURES, AND A CIVIL REMEDY FOR A PERSON AGGRIEVED FOR A 
VIOLATION OF THESE PROCEDURES; AND BY AMENDING SECTION 23-23-80, RELATING TO 
SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, POWERS, AND DUTIES, SO AS TO 
AUTHORIZE THE COUNCIL TO ESTABLISH A COURSE TO TRAIN LAW ENFORCEMENT OFFICERS 
ON ASPECTS OF EXECUTING WARRANTS AND MINIMUM STANDARDS FOR CERTIFICATION AND 
RECERTIFICATION OF LAW ENFORCEMENT OFFICERS AS ELIGIBLE TO CONDUCT THE 
EXECUTION OF WARRANTS, AND TO PROMULGATE REGULATIONS TO IMPLEMENT THIS 
PROVISION.

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

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

 Section 23-1-255. (A) When executing a warrant issued in 
this State, a law enforcement officer shall:

 (1) 
physically knock and announce himself and wait a minimum of fifteen seconds to 
allow the occupants of the home to respond and open the door before forcibly 
entering a home; and

 (2) 
wear a body-worn camera that records the law enforcement officer's conduct for 
a minimum of five minutes before and after the execution of the warrant, and 
during any period that involves an arrest of a person or search of a person or 
property.

 (B) A 
law enforcement officer subject to the provisions of this section must be in 
uniform or wearing clothing that makes him clearly and immediately identifiable 
as a law enforcement officer.

 (C) A 
law enforcement officer who violates the provisions of this section must be 
suspended from duty and his law enforcement officer certification must be:

 (1) 
for a first violation, suspended for six months;

 (2) 
for a second violation, suspended for one year; or

 (3) 
for a third or subsequent violation, revoked.

 (D) A 
person aggrieved for a violation of the requirements under subsection (A) or 
(B) may file a civil action against the law enforcement officer or law 
enforcement agency that employs the law enforcement officer on the grounds the 
officer or agency intentionally failed to comply with these requirements. If 
the court finds the law enforcement officer or law enforcement agency 
intentionally failed to comply with these requirements, it may impose damages upon 
the officer or agency or order injunctive relief.

SECTION 2. Section 23-23-80 of the S.C. Code is amended to read:

 Section 
23-23-80. The South Carolina Law Enforcement 
Training Council is authorized to:

 (1) 
receive and disburse funds, including those hereinafter provided in this 
chapter;

 (2) 
accept any donations, contributions, funds, grants, or gifts from private 
individuals, foundations, agencies, corporations, or the state or federal 
governments, for the purpose of carrying out the programs and objectives of 
this chapter;

 (3) 
consult and cooperate with counties, municipalities, agencies, or official 
bodies of this State or of other states, other governmental agencies, and with 
universities, colleges, junior colleges, and other institutions, concerning the 
development of police training schools, programs, or courses of instruction, 
selection, and training standards, or other pertinent matters relating to law 
enforcement;

 (4) 
publish or cause to be published manuals, information bulletins, newsletters, 
and other materials to achieve the objectives of this chapter;

 (5) 
make such regulations as may be necessary for the administration of this 
chapter, including the issuance of orders directing public law enforcement 
agencies to comply with this chapter and all regulations so promulgated;

 (6) 
certify and train qualified candidates and applicants for law enforcement 
officers and provide for suspension, revocation, or restriction of the 
certification, in accordance with regulations promulgated by the council;

 (7) 
require all public entities or agencies that employ or appoint law enforcement 
officers to provide records in the format prescribed by regulation of 
employment information of law enforcement officers;

 (8) 
provide by regulation for mandatory continued training of certified law 
enforcement officers, this training to be completed within each of the various 
counties requesting this training on a regional basis.

 (9) 
provide by regulation for mandatory continued training of certified law 
enforcement officers to recognize post-traumatic stress disorder and other 
trauma and stress-related disorders in other officers. The council also is 
authorized to establish a mechanism to recommend participation in the South 
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