View Amendment Current Amendment: 81 to Bill 419

Senator HEMBREE proposed the following amendment (419R048.SP.GH):

Amend the bill, as and if amended, PART VI, page 61, line 37, by adding an appropriately numbered new SECTION to read:

/SECTION __. Article 1, Chapter 25, Title 59 of the 1976 Code is amended by adding:

"Section 59-25-60. (A) If a student co mmits the offense of assault and battery pursuant to Section 16-3-600 or harassment pursuant to Sections 16-3-1700(A) and (B), and the offense occurred on public school property against a classroom teacher or school administrator, then the student is subject to additional penalties not to exceed one-half of the maximum penalty for the underlying offense.

(B) This section provide s for the enhancement of penalties applicable to the underlying offense. A court of competent jurisdiction for the underlying offense shall instruct the trier of fact to find a special verdict regarding violations of this section.

(C) Independent of a criminal prosecution, any person suffering an injury to his person as a result of a violation of this section may bring a civil action for damages, an injunction, or other appropriate relief. The court may award actual damages, including damages for emotional distress, and punitive damages. A judgment in favor of a person bringing a civil action pursuant to this section shall include attorneys ' fees and costs." /