1994 Permanent House Journal Printed Pages 4140-4152 - South Carolina Legislature Online

Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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Printed Page 4130, Apr. 12 | Printed Page 4152, Apr. 12

Printed Page 4149 . . . . . Tuesday, April 12, 1994

H. 5058 -- Judiciary Committee: A BILL TO ENACT THE SCHOOL SAFETY AND JUVENILE JUSTICE REFORM ACT OF 1994 INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DIRECTING THE DEPARTMENT OF JUVENILE JUSTICE TO DEVELOP A LONG-TERM PLAN FOR THE PROVISION OF SERVICES TO JUVENILE OFFENDERS; TO ADD SECTION 20-7-753 SO AS TO AUTHORIZE THE FAMILY COURT TO DESIGNATE A LEAD STATE AGENCY TO CONDUCT A FAMILY ASSESSMENT AND RECOMMEND A SERVICE PLAN FOR FAMILIES WHEN A CHILD IS BROUGHT BEFORE THE FAMILY COURT IN A JUVENILE DELINQUENCY PROCEEDING; TO REQUIRE THE COURT TO REVIEW THE ASSESSMENT AND ADOPT A PLAN THAT WILL SERVE THE BEST INTERESTS OF THE CHILD; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARENTS OF A CHILD BROUGHT BEFORE THE COURT ON A DELINQUENCY MATTER TO COOPERATE WITH AND PARTICIPATE IN A PLAN ADOPTED BY THE COURT TO SERVE THE BEST INTERESTS OF THE CHILD; TO AMEND SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO PROVIDE EDUCATIONAL SERVICES TO PREADJUDICATORY JUVENILES IN ITS CUSTODY; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE FINE FROM ONE THOUSAND DOLLARS TO THREE THOUSAND DOLLARS FOR A VIOLATION; TO AMEND SECTION 20-7-390, RELATING TO THE DEFINITION OF "CHILD", SO AS TO REVISE THIS DEFINITION WITH REGARD TO CERTAIN CRIMES; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION OF JUVENILES FROM ONE COURT TO ANOTHER SO AS TO REVISE THE REQUIREMENTS FOR TRANSFERRING JURISDICTION; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO DETENTION AND CUSTODY OF A CHILD FOUND VIOLATING THE LAW, SO AS TO PROVIDE THAT A CHILD IN POSSESSION OF A DEADLY WEAPON MAY BE DETAINED IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE FOR RELEASE FROM DETENTION; TO AMEND SECTION 20-7-1330, AS AMENDED, RELATING TO DISPOSITION OF A CHILD BEFORE THE COURT ON A DELINQUENCY MATTER, SO AS TO

Printed Page 4150 . . . . . Tuesday, April 12, 1994

AUTHORIZE THE COURT TO ORDER A DETERMINATE SENTENCE FOR A JUVENILE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 24-19-10, RELATING TO DEFINITIONS PERTAINING TO THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDER; TO AMEND SECTION 59-63-32, RELATING TO REQUIREMENTS FOR ENROLLING A CHILD IN PUBLIC SCHOOL, SO AS TO PROVIDE FOR THE TRANSFER OF RECORDS IF A CHILD HAS PREVIOUSLY ATTENDED ANOTHER SCHOOL; TO AMEND SECTION 59-63-210, RELATING TO GROUNDS FOR EXPULSION AND SUSPENSION OF PUPILS, SO AS TO REQUIRE EXPULSION FROM SCHOOL IF THE PUPIL IS CONVICTED OF COMMITTING CERTAIN CRIMES; TO AMEND TITLE 59, RELATING TO EDUCATION, SO AS TO ADD CHAPTER 66 "SCHOOL SAFETY" WHICH REQUIRES SCHOOLS TO RETAIN DISCIPLINARY RECORDS AND PROVIDES FOR THE USE OF THESE RECORDS; ESTABLISHES FUNDS FOR SCHOOL SAFETY COORDINATORS AND PROCEDURES FOR APPLYING FOR AND DISTRIBUTING THESE FUNDS; REQUIRES ONE HANDHELD METAL DETECTOR IN EACH MIDDLE, JUNIOR HIGH, AND HIGH SCHOOL; REQUIRES PROMULGATION OF REGULATIONS ESTABLISHING MINIMUM REQUIREMENTS FOR PLANNING AND CONSTRUCTING SCHOOL FACILITIES; REQUIRES ESTABLISHMENT OF A CURRICULUM FOR TEACHING PEACEFUL CONFLICT RESOLUTION AND NONVIOLENT LIVING; REQUIRES DEVELOPMENT AND PILOT TESTING OF ALTERNATIVE EDUCATIONAL PROGRAMS FOR STUDENTS WHO ARE A THREAT TO SCHOOL SAFETY; REQUIRES EACH SCHOOL TO DEVELOP AND HAVE APPROVED A COMPREHENSIVE SCHOOL SAFETY PLAN; ESTABLISHES A SCHOOLHOUSE SAFETY RESOURCE CENTER WITHIN THE DEPARTMENT OF EDUCATION; ESTABLISHES A JOINT PILOT PROJECT FOR SCHOOL BASED COUNSELING BY THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF EDUCATION; TO ADD SECTION 59-17-130 SO AS TO DIRECT SCHOOL DISTRICTS TO ENCOURAGE PARENTS TO BECOME INVOLVED IN THEIR CHILDREN'S EDUCATION INCLUDING OFFERING SERVICES AND REFERRALS TO FAMILIES AND CHILDREN IN NEED OF ASSISTANCE; TO ADD SECTION 59-26-90 SO AS TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE REGULATIONS PROVIDING THAT THE PRIMARY RESPONSIBILITY OF GUIDANCE COUNSELORS IS TO COUNSEL STUDENTS AND

Printed Page 4151 . . . . . Tuesday, April 12, 1994

WORK WITH PARENTS AND TEACHERS; TO AMEND SECTION 20-7-20, RELATING TO THE STATE CHILDREN'S POLICY, SO AS TO PROVIDE THAT PROVIDING AN EDUCATION IS OF PARAMOUNT INTEREST AND THAT OFFICIALS SHALL DO EVERYTHING WITHIN THEIR AUTHORITY TO CARRY OUT SCHOOL ATTENDANCE LAWS AND PREVENT NONATTENDANCE; TO ADD SECTION 20-7-1352 SO AS TO REQUIRE SCHOOL ATTENDANCE AND APPROPRIATE BEHAVIOR AS AN INTEGRAL PART OF ALL PROBATION ORDERS; TO ADD SECTION 20-7-1353 SO AS TO REQUIRE PROBATION AND PAROLE COUNSELORS TO ASSIST IN REENROLLMENT OF CHILDREN RELEASED FROM CONFINEMENT AND TO REPORT ANY SCHOOL'S REFUSAL TO ENROLL A CHILD; TO ADD SECTION 59-65-55 SO AS TO PROVIDE THAT IF A STUDENT TRANSFERS TO ANOTHER SCHOOL DISTRICT, THE RECORDS AND PLANS FOR THAT STUDENT REGARDING TRUANCY BEHAVIOR ALSO MUST BE FORWARDED TO THE RECEIVING SCHOOL DISTRICT; TO AMEND SECTION 59-65-20, RELATING TO THE PENALTY FOR FAILURE TO ENROLL OR CAUSE A CHILD TO ATTEND SCHOOL, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR REPORTING AND PROSECUTING VIOLATIONS OF THIS SECTION; TO AMEND SECTION 59-65-50, RELATING TO THE NONATTENDANCE AT SCHOOL REPORTED TO THE COURTS AND THE SOLICITOR HAVING JURISDICTION OF JUVENILES, SO AS TO REVISE THE MANNER IN WHICH, CONDITIONS UNDER WHICH, AND PROCEDURES UNDER WHICH THESE REPORTS ARE MADE; TO AMEND SECTION 59-65-60, RELATING TO COURT PROCEDURES UPON RECEIPT OF REPORTS OF NONATTENDANCE AT SCHOOL, SO AS TO REVISE THESE PROCEDURES AND THE ACTION NEEDED TO BE TAKEN IN REGARD TO THE CHILD; AND TO PROVIDE THAT CERTAIN PROVISIONS DO NOT EFFECT THE EXCEPTIONS TO COMPULSORY SCHOOL ATTENDANCE LAWS AND HOME-SCHOOLING PROGRAMS; TO ADD SECTION 20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO ORDER PARENTS OF CHILDREN IN NEED OF SERVICES TO PREVENT VIOLENT BEHAVIOR TO APPEAR, TO ORDER FAMILY ASSESSMENT AND TREATMENT, AND TO HOLD A PARENT IN CONTEMPT FOR FAILURE TO COMPLY WITH A COURT ORDER; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO DETENTION, CUSTODY, AND RECORDS OF A CHILD FOUND VIOLATING THE

Printed Page 4152 . . . . . Tuesday, April 12, 1994

LAW, SO AS TO REVISE WHAT RECORDS ARE OPEN TO THE PUBLIC, AND TO REQUIRE A LAW ENFORCEMENT OFFICER TAKING A CHILD INTO CUSTODY TO NOTIFY THE PRINCIPAL OF THE SCHOOL OF THE NATURE OF THE OFFENSE; TO AMEND SECTION 20-7-770, AS AMENDED, RELATING TO RELEASE OF A JUVENILE'S RECORD, SO AS TO INCLUDE ADDITIONAL OFFENSE FOR WHICH RECORDS MAY BE RELEASED AND TO DIRECT THE DEPARTMENT OF JUVENILE JUSTICE TO MAINTAIN JUVENILE RECORDS FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 20-7-780, RELATING TO RECORDS, FINGERPRINTING, AND PHOTOGRAPHS OF JUVENILES, SO AS TO FURTHER PROVIDE UNDER WHAT CIRCUMSTANCES RECORDS ARE OPEN TO THE PUBLIC, THE IDENTITY OR PICTURE OF A CHILD MAY BE PUBLISHED BY THE MEDIA, FINGERPRINTS MAY BE TAKEN, AND RECORDS MAY BE TRANSFERRED TO OTHER LAW ENFORCEMENT AGENCIES; TO AMEND SECTION 20-7-1335, RELATING TO DESTRUCTION OF JUVENILE RECORDS, SO AS TO INCLUDE ADDITIONAL CIRCUMSTANCES UNDER WHICH A JUVENILE'S ADJUDICATION MAY NOT BE EXPUNGED; TO AMEND SECTION 20-7-3300, AS AMENDED, RELATING TO JUVENILE'S RECORDS, SO AS TO PROVIDE CERTAIN CIRCUMSTANCES UNDER WHICH A JUVENILE'S RECORD IS PROVIDED TO A SCHOOL; AND TO PROVIDE THAT REFERENCES TO VIOLENT CRIMES ARE AS DEFINED ON THIS ACT'S EFFECTIVE DATE OR AS THE DEFINITION MAY BE AMENDED.

Without reference.

Printed Page 4130, Apr. 12 | Printed Page 4152, Apr. 12

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