H 3137 General Bill, By Kirsh
 A BILL TO AMEND CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO PUPILS IN PUBLIC SCHOOLS GENERALLY, BY ADDING SECTION 59-63-290,
 SO AS TO DEFINE "HAZING", PROVIDE THAT IT IS UNLAWFUL TO ENGAGE IN HAZING,
 HARASSMENT, OR INTIMIDATION OF A PUPIL OR GROUP OF PUPILS OF A PUBLIC OR
 PRIVATE SCHOOL IN THIS STATE, AND TO PROVIDE FOR PENALTIES FOR A VIOLATION OF
 THIS SECTION.

   12/20/00  House  Prefiled
   12/20/00  House  Referred to Committee on Education and Public Works
   01/09/01  House  Introduced and read first time HJ-60
   01/09/01  House  Referred to Committee on Education and Public
                     Works HJ-60

TO AMEND CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS IN PUBLIC SCHOOLS GENERALLY, BY ADDING SECTION 59-63-290, SO AS TO DEFINE "HAZING", PROVIDE THAT IT IS UNLAWFUL TO ENGAGE IN HAZING, HARASSMENT, OR INTIMIDATION OF A PUPIL OR GROUP OF PUPILS OF A PUBLIC OR PRIVATE SCHOOL IN THIS STATE, AND TO PROVIDE FOR PENALTIES FOR A VIOLATION OF THIS SECTION.

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

SECTION 1.    Article 3, Chapter 63, Title 59 of the 1976 Code is amended by adding:

    "Section 59-63-290.    (A)    For purposes of this section 'hazing' means:

        (1)    Any wilful action taken and directed at any pupil or group of pupils of a public or private school in this State, whether on or off the grounds of the school, that intentionally or recklessly endangers the mental or physical health of any pupil; or which intentionally or recklessly creates a situation that results in endangering the mental or physical health of any pupil; and

        (2)    Any wilful action taken and directed at any pupil or group of pupils of a public or private school in this State, whether on or off the grounds of the school, that intentionally or recklessly results in striking, beating, bruising, or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or maim, or to do or seriously offer, threaten, or attempt to do physical violence to any pupil of a public or private school in this State, or any assault upon any pupil made for the purpose of committing any of the acts, or producing any of the results to a pupil as defined in this section.

        (3)    'Hazing' does not mean or include customary contact sports, athletic events, or similar contests or competitions, and is limited to those actions taken and situations created that involve bullying, harassment, and intimidation in connection with initiation into or affiliation with a school team, group, or organization. 'Hazing' does not mean or include corporal punishment administered by officials or employees of public schools when the corporal punishment is administered in accordance with policies adopted by a local school, school district, or board of education.

    (B)    It is unlawful for any person to engage in hazing, or to encourage, aid, or assist any other person in hazing any other pupil or group of pupils of a public or private school in this State, whether on or off the grounds of the school.

    (C)    It is unlawful for any person to knowingly permit, encourage, aid, abet, or assist any person in committing the offense of hazing, or to wilfully acquiesce in the commission of hazing, or to fail to promptly report his knowledge or any reasonable information within his knowledge of the presence and practice of hazing in any public or private school in this State to the chief executive officer of the school.

    (D)    Any person who violates any provision of this section, whether by an act of commission or omission, is guilty of the offense of hazing and, upon conviction, must be punished as follows:

        (1)    by a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment of not more than thirty days, or both, if the hazing incident does not result in a serious injury to the mental or physical health of a pupil or group of pupils; or

        (2)    by a fine of not less than one thousand dollars nor more than five thousand dollars, or imprisonment of not less than thirty days nor more one year, or both, if the hazing incident results in a serious injury to the mental or physical health of a pupil or group of pupils.

    (E)    The provisions of this section are cumulative and nothing in this section may be construed as affecting, limiting, or repealing any law of this State relating to murder, manslaughter, assault, or any other criminal offense against the person of another, or to any civil cause of action that may arise out of a hazing incident in violation of this section."

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