Police Buffer Zone (S. 175)

This bill would criminalize standing too close to police.

Senate Bill 175 would impose up to a 60-day jail sentence on anybody who remains within a 25-foot radius of a law enforcement officer, after receiving a verbal warning, with the intent to "harass or taunt” the officer. Its sponsors call it the “HALO Act” (Helping Alleviate Lawful Obstruction).

A similar bill, H. 4763, was introduced in the House.

We oppose this bill because: A 25-foot safe space around police officers would limit South Carolinians’ ability to observe law enforcement actions and hold officers accountable. The bill includes no exceptions for media or bystanders engaged in the non-confrontational recording of law enforcement, verbal attempts to deescalate an officer’s excessive use of force, or attempts to render medical assistance to an injured person.

Eyewitness video is often crucial in proving police misconduct and brutality, including in the 2015 killing of Walter Scott by a North Charleston police officer. Threatening to arrest eyewitnesses unless they stand 25 feet away would allow officers to shield themselves from public scrutiny.

Similar laws have been struck down as unconstitutional in other states. In response to a similar law in Indiana, a U.S. District Court judge held:

Simply being within twenty-five feet of a police officer is not a crime, and indeed, important First Amendment rights are regularly exercised within twenty-five feet of law enforcement every single day.

The bill also forbids impeding law enforcement officers while within a 25-foot radius, but it is already a crime to injure or impede officers. It also forbids remaining within 25 feet with the intent to "threaten the first responder with harm.”