S 384 Session 110 (1993-1994)
S 0384 General Bill, By Giese, Bryan, Ford, L.E. Richter and M.T. Rose
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, and to provide for
investigation, prosecution, and limitation on employment.
02/09/93 Senate Introduced and read first time SJ-3
02/09/93 Senate Referred to Committee on Judiciary SJ-3
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, AND TO PROVIDE FOR
INVESTIGATION, PROSECUTION, AND LIMITATION ON
EMPLOYMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-615. (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 against a child as stated 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' means 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 has been committed against the child as contained in
subsection (A).
(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. Good faith is a rebuttable presumption.
(E)(1) 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.
(2) 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.
(F) For purposes of this section, criminal offenses include offenses
recognized in the statutory or common law of this State. Nothing in
Chapter 7 of Title 20 limits an investigation by law enforcement
authorities pursuant to this section or limits a circuit solicitor in
prosecuting related cases."
SECTION 2. This act takes effect upon approval by the Governor.
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