S 0895 General Bill, By N.W. Smith and Giese
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 20-7-615 so as to provide for reports of criminal offenses alleged to have
 been committed against a child by a school district employee on school
 district property or during an official school activity, investigation,
 prosecution, and limitation on employment.

   04/17/91  Senate Introduced and read first time SJ-8
   04/17/91  Senate Referred to Committee on Judiciary SJ-8
   05/07/92  Senate Committee report: Favorable with amendment
                     Judiciary SJ-16
   05/19/92  Senate Amended SJ-28
   05/19/92  Senate Read second time SJ-29
   05/19/92  Senate Unanimous consent for third reading on next
                     legislative day SJ-29
   05/20/92  Senate Read third time and sent to House SJ-35
   05/21/92  House  Introduced and read first time HJ-3
   05/21/92  House  Referred to Committee on Judiciary HJ-4

May 19, 1992

S. 895

S. Printed 5/19/92--S.

Read the first time April 17, 1991.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-615 SO AS TO PROVIDE FOR REPORTS OF CRIMINAL OFFENSES ALLEGED TO HAVE BEEN COMMITTED AGAINST A CHILD BY A SCHOOL DISTRICT EMPLOYEE ON SCHOOL DISTRICT PROPERTY OR DURING AN OFFICIAL SCHOOL ACTIVITY, INVESTIGATION, PROSECUTION, AND LIMITATION ON EMPLOYMENT.

Amend Title To Conform

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

SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-1030. (A) Local law enforcement authorities promptly shall investigate reports of criminal offenses alleged to have been committed against a child by an employee of a private school, public school, or school district if the alleged offense occurred on private school, public school, or school district property or during an official school activity.

(B) When an investigation of a report substantiates that an offense occurred, the case promptly must be referred to the circuit solicitor for prosecution.

(C) An employee of a private school, public school, or school district or a member of a school board who has reasonable cause to believe that a criminal offense in subsection (A) has occurred must report the belief to the local law enforcement authority. For the purposes of this section, `reasonable cause to believe' is defined as a reasonable belief, based upon physical, medical, visible, or otherwise determinable evidence, including, but not limited to, scarring, bruising, other physical trauma, or a verbal indication from the child, that a criminal offense under subsection (A) has been committed against the child.

(D) A private school, public school, or school district employee or member of a school board who knowingly fails to report or a person who interferes with the making of a report is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both. A person who reports in good faith is immune from civil or criminal liability which may result from the report, and in related proceedings good faith is a rebuttable presumption.

(E) A person convicted of a criminal offense in subsection (A) may not be employed by a private school, public school, or school district unless the governing body of the private school or the local school board determines that the person is rehabilitated and does not pose a threat to the school-aged population of the district.

(F) If a person holding a South Carolina teaching credential issued by the State Board of Education is convicted of a criminal offense, resigns, or is terminated from employment for conduct in subsection (A), the chief administrator of the school or school district must report the conviction, resignation, or termination to the South Carolina State Superintendent of Education."

SECTION 2. Section 20-7-510 of the 1976 Code is amended by adding:

"(D) For the purposes of this section, `reason to believe' is defined as a reasonable belief, based upon physical, medical, visible, or otherwise determinable evidence, including, but not limited to, scarring, bruising, other physical trauma, or a verbal indication from the child, that the child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect."

SECTION 3. This act takes effect upon approval by the Governor.