Current Status Bill Number:1283 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980603 Primary Sponsor:Reese All Sponsors:Reese Drafted Document Number:kgh\15693ac.98 Residing Body:Senate Current Committee:Education Committee 04 SED Subject:Weapons, firearms; student bringing to school sent to detention facility by law enforcement for evaluation; Crimes
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980603 Introduced, read first time, 04 SED
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 59-63-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPULSION OF A STUDENT WHO BRINGS A FIREARM TO SCHOOL, SO AS TO REQUIRE THE STUDENT TO BE TAKEN INTO CUSTODY IMMEDIATELY AND DETAINED IN A SECURE JUVENILE DETENTION FACILITY AND TO UNDERGO AN EVALUATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-63-235 of the 1976 Code, as added by Act 39 of 1995, is amended to read:
"Section 59-63-235. The district board must expel for no less than one year a student who is determined to have brought a firearm to a school or any setting under the jurisdiction of a local board of trustees. Before the student is released, the incident must be reported to law enforcement who immediately must take the student into custody. The student may not be released pursuant to Section 20-7-7205(A) and must be detained in a secure juvenile detention facility as provided for in Section 20-7-7210 and must undergo evaluation as required by Section 20-7-7215. The expulsion must follow the procedures established pursuant to Section 59-63-240. The one-year expulsion is subject to modification by the district superintendent of education on a case-by-case basis. Students expelled pursuant to this section are not precluded from receiving educational services in an alternative setting. Each local board of trustees is to establish a policy which requires the student to be referred to the local county office of the Department of Juvenile Justice or its representative."
SECTION 2. This act takes effect upon approval by the Governor.