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TO AMEND SECTION 16-3-612, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSAULT AND BATTERY AGAINST SCHOOL PERSONNEL BY A STUDENT, SO AS TO PROVIDE A DEFINITION FOR THE TERM "PARENT" AND TO ESTABLISH THE CRIMES OF MISDEMEANOR ASSAULT AND BATTERY AGAINST SCHOOL PERSONNEL BY A PARENT AND FELONY ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE AGAINST SCHOOL PERSONNEL BY A PARENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-612 of the 1976 Code, as added by Act 80 of 1997, is amended to read:
"Section 16-3-612. (A) For purposes of this section:
(1) 'Student' means a person currently enrolled in any school.
(2) 'School' includes, but is not limited to, a public or private school that contains any grades of kindergarten through twelfth grade, public or private colleges, universities, and any vocational, technical, or occupational school.
(3) 'Parent' means a parent or guardian of a student currently or formerly enrolled in a school.
(B) A student who commits an assault and battery, other than one that is aggravated, on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons is guilty of assault and battery against school personnel which is a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, or imprisoned not more than one year, or both.
(C) A parent who commits an assault and battery, other than one that is aggravated, on school grounds or at a school-sponsored event against a person affiliated with the school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons is guilty of misdemeanor assault and battery against school personnel and, upon conviction, must be fined not more than three thousand dollars, or imprisoned not more than three years, or both.
(D) A parent who commits an assault and battery of a high and aggravated nature on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons is guilty of felony assault and battery of a high and aggravated nature against school personnel and, upon conviction, must be fined not more than five thousand dollars, or imprisoned not more than ten years, or both if the assault and battery is accompanied by at least one of the following circumstances of aggravation:
(1) physical injury to a person listed in this subsection;
(2) the use of a deadly weapon;
(3) great disparity in the physical conditions of the parties;
(4) great disparity in the ages of the parties;
(5) great disparity in the sizes of the parties; or
(6) indecent liberties with a female.
(E) As used in this section, 'deadly weapon' means any instrument which can be used to inflict death or serious physical injury."
SECTION 2. This act takes effect upon approval by the Governor.
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