South Carolina General Assembly
122nd Session, 2017-2018

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

S. 131

STATUS INFORMATION

General Bill
Sponsors: Senators McLeod, Hutto, Jackson, Kimpson, M.B. Matthews, Fanning, Shealy, Senn and Malloy
Document Path: l:\council\bills\agm\18989wab17.docx
Companion/Similar bill(s): 3794

Introduced in the Senate on January 10, 2017
Introduced in the House on April 18, 2017
Last Amended on April 5, 2017
Currently residing in the House Committee on Judiciary

Summary: Disturbing schools

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/13/2016  Senate  Prefiled
  12/13/2016  Senate  Referred to Committee on Judiciary
   1/10/2017  Senate  Introduced and read first time (Senate Journal-page 77)
   1/10/2017  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 77)
    2/7/2017  Senate  Referred to Subcommittee: Hutto (ch), Timmons, Rice
   3/22/2017  Senate  Committee report: Favorable with amendment Judiciary 
                        (Senate Journal-page 6)
   3/23/2017          Scrivener's error corrected
    4/5/2017  Senate  Amended (Senate Journal-page 29)
    4/5/2017  Senate  Read second time (Senate Journal-page 29)
    4/5/2017  Senate  Roll call Ayes-33  Nays-8 (Senate Journal-page 29)
    4/6/2017          Scrivener's error corrected
    4/6/2017  Senate  Read third time and sent to House 
                        (Senate Journal-page 114)
   4/18/2017  House   Introduced and read first time (House Journal-page 5)
   4/18/2017  House   Referred to Committee on Judiciary (House Journal-page 5)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/13/2016
3/22/2017
3/23/2017
4/5/2017
4/6/2017

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED AND AMENDED

April 5, 2017

S. 131

Introduced by Senators McLeod, Hutto, Jackson, Kimpson, M.B. Matthews, Fanning, Shealy and Senn

S. Printed 4/5/17--S.    [SEC 4/6/17 4:13 PM]

Read the first time January 10, 2017.

            

A BILL

TO AMEND SECTION 16-17-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING DISTURBING SCHOOLS, SO AS TO RESTRUCTURE THE OFFENSES TO PROVIDE A DELINEATED LIST OF THOSE ACTIONS WHICH INVOLVE DISTURBING SCHOOLS, TO REVISE THE PENALTY FOR A VIOLATION OF A DISTURBING SCHOOLS OFFENSE, AND TO PROVIDE AN EXCEPTION FOR SCHOOL-SPONSORED ATHLETIC EVENTS.

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:

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

"Section 16-17-420.    (A)    It shall be is unlawful:

(1)    for any person wilfully or unnecessarily (a) to interfere with or to disturb in any way or in any place the students or teachers of any school or college in this State, (b) to loiter about such school or college premises or (c) to act in an obnoxious manner thereon; or

(2)    for any person to (a) enter upon any such school or college premises or (b) loiter around the premises, except on business, without the permission of the principal or president in charge. 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 subsection, '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.

(B)(C)    Any person violating any of the provisions who violates a provision of this section shall be section is guilty of a misdemeanor and, on upon conviction thereof, shall pay a fine of, must be fined not more than one two thousand dollars or be imprisoned in the county jail for not more than ninety days one year, or both.

(C)    The summary courts are vested with jurisdiction to hear and dispose of cases involving a violation of this section. If the person is a child as defined by Section 63-19-20, jurisdiction must remain vested in the Family Court."

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."

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.

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

----XX----

This web page was last updated on April 19, 2017 at 5:11 PM