S 222 Session 112 (1997-1998)
S 0222 General Bill, By McConnell
A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO RELATING TO ASSAULT AND CRIMINAL SEXUAL CONDUCT,
BY ADDING SECTION 16-3-612, SO AS TO PROVIDE THAT A STUDENT CONVICTED OF
ASSAULT AND BATTERY OF A SCHOOL OFFICIAL MUST BE PUNISHED BY IMPRISONMENT FOR
NOT MORE THAN TWELVE MONTHS OR A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS,
OR BOTH; TO AMEND SECTION 20-7-7210, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO PROVIDE THAT
A CHILD WHO COMMITS ASSAULT AND BATTERY AGAINST A SCHOOL OFFICIAL IS ELIGIBLE
FOR DETENTION IN A SECURE FACILITY; TO AMEND SECTION 22-3-560 OF THE 1976
CODE, RELATING TO ASSAULTS AND BATTERIES AND OTHER BREACHES OF THE PEACE, SO
AS TO PROVIDE THAT A MAGISTRATE MAY SENTENCE A PERSON TO NO MORE THAN 30 DAYS
IN PRISON OR NO MORE THAN A $200 FINE AS LONG AS THE OFFENSE IS NOT COMMITTED
AGAINST A SCHOOL OFFICIAL UNDER SECTION 16-3-612; TO AMEND ARTICLE 4, CHAPTER
63, TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL CRIME REPORTING, BY ADDING
SECTION 59-63-370 TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE MUST
IMMEDIATELY REPORT A STUDENT'S CONVICTION UNDER SECTION 16-3-612 TO THE SENIOR
SCHOOL ADMINISTRATOR WHO THEN MUST NOTIFY THE STUDENT'S TEACHERS; BY ADDING
SECTION 59-63-380 TO PROVIDE FOR IMMUNITY FOR SCHOOL OFFICIALS IN REPORTING
SCHOOL-RELATED CRIME; AND BY ADDING SECTION 59-63-390 TO PROVIDE THAT THE
REPORTING REQUIREMENTS AND A SUMMARY OF SECTION 16-3-612 MUST BE INCLUDED IN
THE STUDENT HANDBOOK.
01/21/97 Senate Introduced and read first time SJ-17
01/21/97 Senate Referred to Committee on Judiciary SJ-17
A BILL
TO AMEND ARTICLE 7, CHAPTER 3, TITLE 16, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
RELATING TO ASSAULT AND CRIMINAL SEXUAL
CONDUCT, BY ADDING SECTION 16-3-612, SO AS TO
PROVIDE THAT A STUDENT CONVICTED OF ASSAULT AND
BATTERY OF A SCHOOL OFFICIAL MUST BE PUNISHED BY
IMPRISONMENT FOR NOT MORE THAN TWELVE MONTHS
OR A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS,
OR BOTH; TO AMEND SECTION 20-7-7210, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
TAKING A CHILD INTO CUSTODY, SO AS TO PROVIDE
THAT A CHILD WHO COMMITS ASSAULT AND BATTERY
AGAINST A SCHOOL OFFICIAL IS ELIGIBLE FOR
DETENTION IN A SECURE FACILITY; TO AMEND SECTION
22-3-560 OF THE 1976 CODE, RELATING TO ASSAULTS AND
BATTERIES AND OTHER BREACHES OF THE PEACE, SO AS
TO PROVIDE THAT A MAGISTRATE MAY SENTENCE A
PERSON TO NO MORE THAN 30 DAYS IN PRISON OR NO
MORE THAN A $200 FINE AS LONG AS THE OFFENSE IS NOT
COMMITTED AGAINST A SCHOOL OFFICIAL UNDER
SECTION 16-3-612; TO AMEND ARTICLE 4, CHAPTER 63,
TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL CRIME
REPORTING, BY ADDING SECTION 59-63-370 TO PROVIDE
THAT THE DEPARTMENT OF JUVENILE JUSTICE MUST
IMMEDIATELY REPORT A STUDENT'S CONVICTION UNDER
SECTION 16-3-612 TO THE SENIOR SCHOOL
ADMINISTRATOR WHO THEN MUST NOTIFY THE
STUDENT'S TEACHERS; BY ADDING SECTION 59-63-380 TO
PROVIDE FOR IMMUNITY FOR SCHOOL OFFICIALS IN
REPORTING SCHOOL-RELATED CRIME; AND BY ADDING
SECTION 59-63-390 TO PROVIDE THAT THE REPORTING
REQUIREMENTS AND A SUMMARY OF SECTION 16-3-612
MUST BE INCLUDED IN THE STUDENT HANDBOOK.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Article 7, Chapter 3, Title 16 of the 1976 Code is
amended by adding:
"Section 16-3-612. If a student is convicted of assault and
battery, which is not of an aggravated nature, on school grounds or
at a school-sponsored event against a person affiliated with the school
in an official capacity, including, but not limited to, administrators,
teachers, substitute teachers, teacher's assistants, student teachers,
custodial staff, food service staff, and volunteers, the student must be
punished by imprisonment for not more than twelve months or a fine
of not more than one thousand dollars, or both, at the discretion of the
judge."
SECTION 2. Section 20-7-7210(B) of the 1976 Code, as last
amended by Act 383 of 1996, is further 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 wilful 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 wilful failure to comply
with prior placement orders including, but not limited to, a house
arrest order. ;
(7) commits an assault and battery of any kind on school
grounds or at a school-sponsored event against any person affiliated
with the school in an official capacity, as defined in Section
16-3-612.
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 any judge of 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. The family court judge may
establish conditions for the release."
SECTION 3. Section 22-3-560 of the 1976 Code is amended to
read:
"Section 22-3-560. Magistrates may punish by fine not exceeding
two hundred dollars or imprisonment in the jail or house of
correction not exceeding thirty days all assaults and batteries and
other breaches of the peace when the offense is not
neither:
(1) of a high and aggravated nature requiring, in their
judgment, greater punishment; nor
(2) committed against a person affiliated with a school in an
official capacity under Section 16-3-612.
SECTION 4. Article 4, Chapter 63, Title 59 of the 1976 Code is
amended by adding:
"Section 59-63-370. (A) The Department of Juvenile Justice is
required to provide immediate notice of a student's conviction under
Section 16-3-612 or of any violent crime, as defined by Section
16-1-60, to the senior administrator of the school in which the student
is enrolled.
(B) The administrator is required to notify each teacher in whose
class the student is enrolled.
Section 59-63-380. A person affiliated with school in an official
capacity is immune from criminal prosecution and civil liability
following a report of school-related crime made in good faith, to the
extent that the exposure to criminal prosecution or civil liability
arises from the same report of school-related crime.
Section 59-63-390. The senior administrator of each school is
responsible for including an accurate summary of the provisions of
this article and of Section 16-3-612 in the student handbook each
year."
SECTION 5. This act takes effect upon approval by the Governor.
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