H*3240(Rat #0155, Act #0080 of 1997)  General Bill, By Spearman, Allison, 
Altman, Barfield, Barrett, Bauer, Beck, Campsen, Chellis, Davenport, Edge, 
Harrell, Harrison, Hawkins, Keegan, Kelley, Klauber, Knotts, Limehouse, Martin, 
Mason, McCraw, Meacham, V.T. Mullen, Rice, Riser, Rodgers, Sandifer, Seithel, 
Stuart, Townsend, Wilkins, Witherspoon, W.J. Young and Young-Brickell
 A BILL TO ENACT "THE SOUTH CAROLINA SCHOOL SAFETY ACT OF 1997".-SHORT TITLE

   01/15/97  House  Introduced and read first time HJ-6
   01/15/97  House  Referred to Committee on Judiciary HJ-7
   02/12/97  House  Committee report: Favorable with amendment
                     Judiciary HJ-4
   02/18/97  House  Requests for debate-Rep(s). Scott, F. Smith,
                     McMahand, Cave, Lloyd, R. Smith, Harrison, D.
                     Smith, Limbaugh, Knotts, Spearman, Cotty & Beck HJ-38
   02/20/97  House  Amended HJ-21
   02/20/97  House  Read second time HJ-26
   02/20/97  House  Roll call Yeas-116  Nays-0 HJ-26
   02/20/97  House  Unanimous consent for third reading on next
                     legislative day HJ-26
   02/21/97  House  Read third time and sent to Senate HJ-3
   02/25/97  Senate Introduced and read first time SJ-10
   02/25/97  Senate Referred to Committee on Judiciary SJ-10
   05/21/97  Senate Committee report: Favorable with amendment
                     Judiciary SJ-19
   05/22/97  Senate Amended SJ-64
   05/22/97  Senate Read second time SJ-64
   05/27/97  Senate Read third time and returned to House with
                     amendments SJ-19
   05/28/97  House  Concurred in Senate amendment and enrolled HJ-53
   06/04/97         Ratified R 155
   06/10/97         Signed By Governor
   06/10/97         Effective date 06/10/97
   06/24/97         Copies available
   06/24/97         Act No. 80

AN ACT TO ENACT "THE SOUTH CAROLINA SCHOOL SAFETY ACT OF 1997" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-612 SO AS TO PROVIDE THAT IF A STUDENT COMMITS AN ASSAULT AND BATTERY THAT IS NOT AGGRAVATED ON SCHOOL GROUNDS OR AT A SCHOOL-SPONSORED EVENT AGAINST ANY PERSON AFFILIATED WITH THE SCHOOL IN AN OFFICIAL CAPACITY, THE STUDENT IS GUILTY OF THE CRIME OF ASSAULT AND BATTERY ON SCHOOL PERSONNEL AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO JUVENILE DETENTION PROCEDURES, SO AS TO AUTHORIZE A CHILD TO BE DETAINED IN A SECURE JUVENILE DETENTION FACILITY IF THE CHILD IS CHARGED WITH ASSAULT AND BATTERY OR AN ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE ON SCHOOL GROUNDS OR AT A SCHOOL-SPONSORED EVENT AGAINST ANYONE AFFILIATED WITH THE SCHOOL IN AN OFFICIAL CAPACITY; TO AMEND SECTION 22-3-560, RELATING TO A MAGISTRATE'S AUTHORITY TO PUNISH ASSAULTS AND BATTERIES AND OTHER BREACHES OF THE PEACE AND EXCEPTIONS THERETO, SO AS TO INCREASE THE PENALTIES FOR VIOLATION AND PROVIDE THAT AN ASSAULT AND BATTERY ON SCHOOL PERSONNEL SHALL BE PUNISHED AS PROVIDED IN SECTION 16-3-612; TO ADD SECTION 59-63-370 SO AS TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE, THE DEPARTMENT OF CORRECTIONS, OR THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES WHEN A STUDENT IS ASSIGNED TO IT, TO NOTIFY THE SENIOR ADMINISTRATOR OF THE SCHOOL IN WHICH THE STUDENT IS ENROLLED OF A STUDENT'S CONVICTION OF CERTAIN CRIMES, TO PROVIDE FOR OTHER TYPES OF NOTIFICATION TO THE STUDENT'S SCHOOL DISTRICT WHEN THE STUDENT IS NOT INCARCERATED UPON CONVICTION FOR THESE OFFENSES, TO PROVIDE FOR NOTIFICATION TO EACH TEACHER IN WHOSE CLASS THE STUDENT IS ENROLLED OF SUCH CONVICTIONS, AND TO PROVIDE FOR THE INCLUSION OF THIS INFORMATION IN THE STUDENT'S PERMANENT RECORD; TO ADD SECTION 59-63-380 SO AS TO GRANT CIVIL AND CRIMINAL IMMUNITY TO PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY MAKING A REPORT OF A SCHOOL-RELATED CRIME IN GOOD FAITH; AND TO ADD SECTION 59-63-390 SO AS TO REQUIRE THE SENIOR ADMINISTRATOR OF EACH SCHOOL TO INCLUDE A SUMMARY OF THE SCHOOL CRIME REPORT ACT AND THE PROVISIONS OF SECTION 16-3-612 IN THE SCHOOL'S STUDENT HANDBOOK EACH YEAR.

Be it enacted by the General Assembly of the State of South Carolina:

Citation

SECTION 1. This act is known and may be cited as the "South Carolina School Safety Act of 1997".

Assault and battery against school personnel

SECTION 2. The 1976 Code is amended by adding:

"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.

(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."

Detention authorized

SECTION 3. Section 20-7-7210(B) of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"(B) A child is eligible for detention in a secure juvenile detention facility only if the child:

(1) is charged with a violent crime as defined in Section 16-1-60;

(2) is charged with a crime which, if committed by an adult, would be a felony other than a violent crime, and the child:

(a) is already detained or on probation or conditional release in connection with another delinquency proceeding;

(b) has a demonstrable recent record of wilfull failures to appear at court proceedings;

(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or

(d) has a demonstrable recent record of adjudications for other felonies; and:

(i) there is reason to believe the child is a flight risk or poses a threat of serious harm to others; or

(ii) the instant offense involved the use of a firearm;

(3) is a fugitive from another jurisdiction;

(4) requests protection in writing under circumstances that present an immediate threat of serious physical injury;

(5) had in his possession a deadly weapon;

(6) has a demonstrable recent record of wilfull failure to comply with prior placement orders including, but not limited to, a house arrest order;

(7) has no suitable alternative placement and it is determined that detention is in the child's best interest or is necessary to protect the child or public, or both; or

(8) is charged with an assault and battery or 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.

A child who meets the criteria provided in this subsection is eligible for detention. Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program. If the officer does not consent to the release of the child, the parents or other responsible adult may apply to the family court within the circuit for an ex parte order of release of the child. The officer's written report must be furnished to the family court judge who may establish conditions for the release."

Punishment authorized; penalties increased

SECTION 4. Section 22-3-560 of the 1976 Code is amended to read:

"Section 22-3-560. Magistrates may punish by fine not exceeding five hundred dollars or imprisonment for a term not exceeding thirty days, or both, all assaults and batteries and other breaches of the peace when the offense is neither an assault and battery against school personnel pursuant to Section 16-3-612 nor an assault and battery of a high and aggravated nature requiring, in their judgment or by law, greater punishment."

Notification required; inclusion in records

SECTION 5. The 1976 Code is amended by adding:

"Section 59-63-370. Notwithstanding any other provision of law:

(1) When a student who is convicted of or adjudicated delinquent for assault and battery against school personnel, as defined in Section 16-3-612, assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, or a violent offense defined in Section 16-1-60 is assigned to the Department of Juvenile Justice, the Department of Corrections, or to the Department of Probation, Parole, and Pardon Services that agency is required to provide immediate notice of the student's conviction or adjudication to the senior administrator of the school in which the student is enrolled or intends to be enrolled. These agencies are authorized to request information concerning school enrollment from the students convicted of or adjudicated delinquent for assault and battery against school personnel or a violent offense.

(2) When a student convicted of or adjudicated delinquent for assault and battery against school personnel or assault and battery of a high and aggravated nature against school personnel is not sentenced to incarceration or probation, the presiding judge shall as part of his sentence order the clerk of the municipal, magistrate, or general sessions court to provide, within ten days, notification of the student's sentence to the appropriate school district for inclusion in the student's permanent record. If the student is under the jurisdiction of the family court and is not referred to the Department of Juvenile Justice, the prosecuting agency must provide notification within ten days to the appropriate school district.

(3) An administrator notified pursuant to this section is required to notify each teacher or instructor in whose class the student is enrolled of a student's conviction of or adjudication for assault and battery against school personnel, assault and battery of a high and aggravated nature against school personnel, or a violent crime as defined in Section 16-1-60. This notification must be made to the appropriate teachers or instructors every year the student is enrolled in school.

(4) If a student is convicted of or adjudicated delinquent for assault and battery against school personnel, assault and battery of a high and aggravated nature against school personnel, or a violent crime as defined in Section 16-1-60, information concerning the conviction or adjudication and sentencing must be placed in the student's permanent school record and must be forwarded with the student's permanent school records if the student transfers to another school or school district."

Immunity granted

SECTION 6. The 1976 Code is amended by adding:

"Section 59-63-380. A person affiliated with a school in an official capacity is granted immunity from criminal prosecution and civil liability when making a report of school-related crime in good faith, to the extent that the exposure to criminal prosecution or civil liability arises from the same report of school-related crime."

Summary required

SECTION 7. The 1976 Code is amended by adding:

"Section 59-63-390. The senior administrator of each school is responsible for including an accurate summary of the provisions of this article and Section 16-3-612 in the school's student handbook each year."

Inclusion of crime

SECTION 8. The Code Commissioner is hereby directed to include in the list of Class C misdemeanors as codified in Section 16-1-100(C) the offense of assault and battery against school personnel as defined in Section 16-3-612.

Time effective

SECTION 9. This act takes effect upon approval by the Governor.

Approved the 10th day of June, 1997.