S 1089 Session 111 (1995-1996)
S 1089 General Bill, By Setzler, Alexander, Bryan, Courson, Drummond, Giese,
Hayes, Holland, Leatherman, Leventis, Ryberg and Wilson
A Bill to amend Article 4, Chapter 63, Title 59, Code of Laws of South
Carolina, 1976, relating to the School Crime Report Act, so as to transfer the
responsibilities of the State Department of Education under this Act upon the
Office of the Attorney General on July 1, 1996, to provide that the Attorney
General's office shall establish a toll-free telephone line for use by school
administrators when reporting certain crimes, to authorize the Attorney
General to petition school boards to expel students charged with certain
crimes, and to represent local school districts when these cases are appealed
to an appellate court, and to further provide for the procedures which must be
followed in connection with this Act; and to amend Section 59-24-60, relating
to the requirement that school officials contact law enforcement authorities
when specified activities have occurred on school property, so as to provide
that the Attorney General's office also shall be contacted.
02/01/96 Senate Introduced and read first time SJ-3
02/01/96 Senate Referred to Committee on Education SJ-3
02/29/96 Senate Committee report: Favorable with amendment
Education SJ-9
03/05/96 Senate Amended SJ-14
03/05/96 Senate Read second time SJ-14
03/06/96 Senate Read third time and sent to House SJ-24
03/07/96 House Introduced and read first time HJ-5
03/07/96 House Referred to Committee on Education and Public
Works HJ-6
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
March 5, 1996
S. 1089
Introduced by SENATORS Setzler, Leatherman, Drummond,
Bryan, Giese, Leventis, Alexander, Holland, Hayes, Ryberg, Wilson
and Courson
S. Printed 3/5/96--S.
Read the first time February 1, 1996.
A BILL
TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
SCHOOL CRIME REPORT ACT, SO AS TO TRANSFER THE
RESPONSIBILITIES OF THE STATE DEPARTMENT OF
EDUCATION UNDER THIS ACT UPON THE OFFICE OF THE
ATTORNEY GENERAL ON JULY 1, 1996, TO PROVIDE THAT
THE ATTORNEY GENERAL'S OFFICE SHALL ESTABLISH A
TOLL-FREE TELEPHONE LINE FOR USE BY SCHOOL
ADMINISTRATORS WHEN REPORTING CERTAIN CRIMES,
TO AUTHORIZE THE ATTORNEY GENERAL TO PETITION
SCHOOL BOARDS TO EXPEL STUDENTS CHARGED WITH
CERTAIN CRIMES, AND TO REPRESENT LOCAL SCHOOL
DISTRICTS WHEN THESE CASES ARE APPEALED TO AN
APPELLATE COURT, AND TO FURTHER PROVIDE FOR THE
PROCEDURES WHICH MUST BE FOLLOWED IN
CONNECTION WITH THIS ACT; AND TO AMEND SECTION
59-24-60, RELATING TO THE REQUIREMENT THAT SCHOOL
OFFICIALS CONTACT LAW ENFORCEMENT AUTHORITIES
WHEN SPECIFIED ACTIVITIES HAVE OCCURRED ON
SCHOOL PROPERTY, SO AS TO PROVIDE THAT THE
ATTORNEY GENERAL'S OFFICE ALSO SHALL BE
CONTACTED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Article 4, Chapter 63 of Title 59 of the 1976 Code
is amended to read:
"Article 4
School Crime Reporting Report
Act
Section 59-63-310. This article may be cited as the `School
Crime Report Act'.
Section 59-63-320. By December 31, 1990, the State
Department of Education, after consultation with the State Law
Enforcement Division, shall develop a standard school crime
reporting form which must be used by all school districts in the
State. The form must define what constitutes criminal activity
required to be reported and must include, but is not limited to, the
following:
(1) types and frequency of criminal incident;
(2) crimes against the person, including:
(a) description of crime;
(b) age and sex of offender and whether the offender is a
student. If the offender is a student, whether he attended the school
where the crime occurred or a different school, and whether he was
under school suspension or expulsion at the time of the offense;
(c) age and sex of the victim and whether the victim is a
student. If the victim is a student, whether he attended the school
where the crime occurred or a different school. If the victim is not
a student, whether he was employed at the school and, if so, in
what capacity;
(d) where, at what time, and under what circumstances the
incident occurred;
(e) the cost of the crime to the school and to the victim;
(f) what action was taken by the school administration;
(3) crimes against property, including:
(a) description of the crime;
(b) where, at what time, and under what circumstances the
crime occurred;
(c) the cost of the crime to the school and to the victim;
(d) what action was taken by the school administration.
Section 59-63-330. On forms prepared and supplied by the State
Department of Education , each school district in the State shall
report school-related crime quarterly to the State Department of
Education. The department shall compile the information received
from the districts and annually, not later than January thirty-first of
the year following the districts' final quarterly reports of the school
year, make a report to the General Assembly on the findings. In
addition, the State Department of Education shall, upon receipt,
forward all information concerning school related crime to the
Attorney General's Office. This information will be used by the
Attorney General in the supervision of the prosecution of school
crime.
Section 59-63-340. The State Board of Education shall
promulgate regulations necessary to enforce the provisions of this
article.
Section 59-63-350. Local law enforcement officials are
required to contact the Attorney General's `school safety phone
line' to report when any felony, assault and battery of a high and
aggravated nature, crime involving a weapon or drug offense is
committed on school property or at a school sanctioned or
sponsored activity or to report any crime pursuant to Section
59-24-60.
Section 59-63-360. The Attorney General shall monitor all
reported school crimes and ensure prosecution of those crimes. The
Attorney General may represent the local school district when the
case is appealed to an appellate court."
SECTION 2. This act takes effect July 1, 1996.
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