S*0131(Rat #0198, Act #0182 of 2018)  General Bill, By McLeod, Hutto, Jackson, 
Kimpson, M.B. Matthews, Fanning, Shealy, Senn and Malloy

Similar(H 3794)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-17-425 SO AS TO PROVIDE IT IS UNLAWFUL FOR SCHOOL OR COLLEGE STUDENTS TO
 MAKE THREATS TO TAKE THE LIVES OF OR TO INFLICT BODILY HARM UPON OTHERS BY
 USING ANY FORM OF COMMUNICATION WHATSOEVER, AND TO PROVIDE THE SECTION MAY NOT
 BE CONSTRUED TO REPEAL, REPLACE, OR PRECLUDE APPLICATION OF ANY OTHER CRIMINAL
 STATUTE; AND TO AMEND SECTION 16-17-420, RELATING TO OFFENSES INVOLVING
 DISTURBING SCHOOLS, SO AS TO RESTRUCTURE THE OFFENSES TO PROVIDE A DELINEATED
 LIST OF THOSE ACTIONS WHICH CONSTITUTE A VIOLATION, TO LIMIT ITS APPLICATION
 TO ACTIONS BY PERSONS WHO ARE NOT STUDENTS, TO DEFINE NECESSARY TERMINOLOGY,
 TO REVISE THE PENALTY FOR A VIOLATION OF A DISTURBING SCHOOLS OFFENSE, AND TO
 ELIMINATE JURISDICTION OF SUMMARY COURTS AND FAMILY COURTS. - ratified title

   12/13/16  Senate Prefiled
   12/13/16  Senate Referred to Committee on Judiciary
   01/10/17  Senate Introduced and read first time (Senate Journal-page 77)
   01/10/17  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 77)
   02/07/17  Senate Referred to Subcommittee: Hutto (ch), Timmons, Rice
   03/22/17  Senate Committee report: Favorable with amendment
                     Judiciary (Senate Journal-page 6)
   03/23/17         Scrivener's error corrected
   04/05/17  Senate Amended (Senate Journal-page 29)
   04/05/17  Senate Read second time (Senate Journal-page 29)
   04/05/17  Senate Roll call Ayes-33  Nays-8 (Senate Journal-page 29)
   04/06/17         Scrivener's error corrected
   04/06/17  Senate Read third time and sent to House
                     (Senate Journal-page 114)
   04/18/17  House  Introduced and read first time (House Journal-page 5)
   04/18/17  House  Referred to Committee on Judiciary
                     (House Journal-page 5)
   05/03/18  House  Committee report: Favorable Judiciary
                     (House Journal-page 44)
   05/09/18  House  Read second time (House Journal-page 80)
   05/09/18  House  Roll call Yeas-102  Nays-2 (House Journal-page 80)
   05/10/18  House  Read third time and enrolled (House Journal-page 19)
   05/14/18         Ratified R 198
   05/17/18         Signed By Governor
   05/24/18         Effective date 05/17/18
   05/31/18         Act No. 182

(A182, R198, S131)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-425 SO AS TO PROVIDE IT IS UNLAWFUL FOR SCHOOL OR COLLEGE STUDENTS TO MAKE THREATS TO TAKE THE LIVES OF OR TO INFLICT BODILY HARM UPON OTHERS BY USING ANY FORM OF COMMUNICATION WHATSOEVER, AND TO PROVIDE THE SECTION MAY NOT BE CONSTRUED TO REPEAL, REPLACE, OR PRECLUDE APPLICATION OF ANY OTHER CRIMINAL STATUTE; AND TO AMEND SECTION 16-17-420, RELATING TO OFFENSES INVOLVING DISTURBING SCHOOLS, SO AS TO RESTRUCTURE THE OFFENSES TO PROVIDE A DELINEATED LIST OF THOSE ACTIONS WHICH CONSTITUTE A VIOLATION, TO LIMIT ITS APPLICATION TO ACTIONS BY PERSONS WHO ARE NOT STUDENTS, TO DEFINE NECESSARY TERMINOLOGY, TO REVISE THE PENALTY FOR A VIOLATION OF A DISTURBING SCHOOLS OFFENSE, AND TO ELIMINATE JURISDICTION OF SUMMARY COURTS AND FAMILY COURTS.

Whereas, recent reports indicate there has been an increase in the number of South Carolina students arrested for disturbing schools; and

Whereas, it is in the best interest of all South Carolinians that all students be given every opportunity to succeed in South Carolina's school systems. Now, therefore,

Be it resolved that educators and school administrators throughout the State are urged to exhaust all avenues of behavioral discipline in accordance with the school's code of conduct prior to requesting the involvement of law enforcement officials. Similarly, law enforcement officials are urged to seek the normal standards of proof when enforcing the criminal laws of this State on school grounds. Law enforcement officials should also maintain and apply officer discretion when enforcing the criminal laws of this State on school grounds.

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

School disturbances by nonstudents

SECTION    1.    Section 16-17-420 of the 1976 Code is amended to read:

"Section 16-17-420.    (A)    It is unlawful for a person who is not a student to wilfully interfere with, disrupt, or disturb the normal operations of a school or college in this State by:

(1)    entering upon school or college grounds or property without the permission of the principal or president in charge;

(2)    loitering upon or about school or college grounds or property, after notice is given to vacate the grounds or property and after having reasonable opportunity to vacate;

(3)    initiating a physical assault on, or fighting with, another person on school or college grounds or property;

(4)    being loud or boisterous on school or college grounds or property after instruction by school or college personnel to refrain from the conduct;

(5)    threatening physical harm to a student or a school or college employee while on school or college grounds or property; or

(6)    threatening the use of deadly force on school or college property or involving school or college grounds or property when the person has the present ability, or is reasonably believed to have the present ability, to carry out the threat.

(B)    For the purpose of this section, 'person who is not a student' means a person who is not enrolled in, or who is suspended or expelled from, the school or college that the person interferes with, disrupts, or disturbs at the time the interference, disruption, or disturbance occurs.

(C)    Any person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned for not more than one year, or both."

Student threats

SECTION    2.    Article 7, Chapter 17, Title 16 of the 1976 Code is amended by adding:

"Section 16-17-425.    (A)    It is unlawful for a student of a school or college in this State to make threats to take the life of or to inflict bodily harm upon another by using any form of communication whatsoever.

(B)    Nothing contained in this section may be construed to repeal, replace, or preclude application of any other criminal statute."

Savings

SECTION    3.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Time effective

SECTION    4.    This act takes effect upon approval by the Governor.

Ratified the 14th day of May, 2018.

Approved the 17th day of May, 2018.