S*459 Session 117 (2007-2008)
S*0459(Rat #0091, Act #0053 of 2007) General Bill, By Sheheen, Leventis,
Lourie, Bryant, Ford, Knotts and Campsen
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER
154 TO TITLE 59 SO AS TO ENACT THE "JESSICA HORTON ACT" TO PROVIDE THAT CAMPUS
POLICE OFFICERS SHALL NOTIFY AND WORK WITH THE STATE LAW ENFORCEMENT DIVISION
ON THE INVESTIGATION OF A DEATH OR AN ALLEGED ACT OF CRIMINAL SEXUAL CONDUCT
RESULTING FROM AN INCIDENT OCCURRING ON THE CAMPUS OF AN INSTITUTION OF HIGHER
LEARNING AND TO PROVIDE DEFINITIONS. - ratified title
02/20/07 Senate Introduced and read first time SJ-4
02/20/07 Senate Referred to Committee on Judiciary SJ-4
02/22/07 Senate Referred to Subcommittee: Hawkins (ch), Sheheen,
Lourie, Vaughn
03/28/07 Senate Committee report: Favorable with amendment
Judiciary SJ-28
03/29/07 Senate Amended SJ-39
04/03/07 Senate Read second time SJ-24
04/04/07 Senate Read third time and sent to House SJ-9
04/10/07 House Introduced and read first time HJ-22
04/10/07 House Referred to Committee on Judiciary HJ-22
05/23/07 House Committee report: Favorable with amendment
Judiciary HJ-11
05/24/07 House Amended HJ-34
05/24/07 House Read second time HJ-36
05/24/07 House Unanimous consent for third reading on next
legislative day HJ-36
05/24/07 Scrivener's error corrected
05/25/07 House Read third time and returned to Senate with amendments
05/29/07 Senate Concurred in House amendment and enrolled SJ-55
05/31/07 Ratified R 91
06/06/07 Signed By Governor
06/13/07 Copies available
06/13/07 Effective date 06/06/07
06/15/07 Act No. 53
S. 459
(A53, R91, S459)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 154 TO TITLE 59 SO AS TO ENACT THE "JESSICA HORTON ACT" TO PROVIDE THAT CAMPUS POLICE OFFICERS SHALL NOTIFY AND WORK WITH THE STATE LAW ENFORCEMENT DIVISION ON THE INVESTIGATION OF A DEATH OR AN ALLEGED ACT OF CRIMINAL SEXUAL CONDUCT RESULTING FROM AN INCIDENT OCCURRING ON THE CAMPUS OF AN INSTITUTION OF HIGHER LEARNING AND TO PROVIDE DEFINITIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Jessica Horton Act
SECTION 1. This act may be cited as the "Jessica Horton Act".
Jessica Horton Act
SECTION 2. Title 59 of the 1976 Code is amended by adding:
"CHAPTER 154
Jessica Horton Act
Section 59-154-10. (A) As used in this section:
(1) 'Institution of higher learning' or 'institution' means a public two-year or four-year college, community or junior college, technical school, or university located in this State, and also any private two-year or four-year college, community or junior college, technical school, or university located in this State.
(2) 'Property of the institution' means a building or property:
(a) owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution's educational purposes;
(b) owned or controlled by a student organization recognized by the institution including, but not limited to, fraternity, sorority, and cooperative houses; or
(c) controlled by the institution but owned by a third party.
(B) The chief of the campus police of an institution of higher learning, or his designee, immediately shall notify the State Law Enforcement Division if there is a death resulting from an incident occurring on the property of the institution or if the officer or another official of the institution is in receipt of a report alleging that an act of criminal sexual conduct has occurred on the property of the institution.
(C) Upon notification, the State Law Enforcement Division shall participate in a joint investigation of the death or alleged act of criminal sexual conduct. In the case of a death, the State Law Enforcement Division shall lead the investigation. In the case of an alleged act of criminal sexual conduct, the campus police shall lead the investigation.
(D) The campus police and other employees of the institution of higher learning shall cooperate with an investigation conducted by the State Law Enforcement Division."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 31st day of May, 2007.
Approved the 6th day of June, 2007.
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