H*4852 Session 108 (1989-1990)
H*4852(Rat #0713, Act #0579 of 1990) General Bill, By Wilkins, P.M. Burch,
H.H. Clyborne, R.S. Corning, Fair, L.E. Gentry, B.H. Harwell, Haskins, Hayes,
J.H. Hodges, T.E. Huff, W.P. Keesley, M.H. Kinon, D.E. Martin, McKay,
E.L. Nettles and J.B. Wilder
A Bill to enact the "Safe Schools Act of 1990"; to amend Section 16-23-430,
Code of Laws of South Carolina, 1976, relating to the crime of carrying
weapons on school property, so as to increase the penalties; to amend Section
44-53-445, as amended, relating to the distribution of a controlled substance
within a certain proximity of a school, so as to include the unlawful
purchasing of a controlled substance as a criminal offense, so as to expand
the scope of the crime to include being in a public or private school, on a
public playground or park, and in, or within radius of one-half mile of the
grounds of, a public vocational or trade school or technical education center,
or public or private college or university, provide for a violation involving
the distribution, sale, manufacture, or possession with intent to distribute
crack cocaine, provide a penalty for the purchase of a controlled substance,
including crack cocaine, change references from "presumptions of intent to
distribute" to "inferences of intent to distribute", and change Code Section
references; to amend Section 20-7-430, as amended, relating to transfer of
jurisdiction by certain courts over juveniles, so as to provide that if a
child fifteen years of age or older is charged with a violation of Section
16-23-430(1) or Section 44-53-445, the court may, under certain conditions and
circumstances, bind over the child for proper criminal proceedings to a court
which would have trial jurisdiction of the offenses if committed by an adult;
to amend Chapter 63, Title 59, relating to education and pupils generally, by
adding Article 4 so as to enact the "School Crime Report Act"; to amend
Section 59-5-65, relating to the powers and responsibilities of the State
Board of Education, so as to provide that the State Board of Education shall
develop by regulation a model safe schools checklist to be used by school
districts to assess their schools' safety strengths and weaknesses; to require
the State Board of Education to promulgate by December 31, 1990, the
regulation required pursuant to the item added to Section 59-5-65 by this Act;
and to amend Section 16-3-1040, relating to threatening the life, person, or
family of a public official, so as to extend the provisions of this Section to
a teacher or principal of an elementary or secondary school.-amended title
03/15/90 House Introduced and read first time HJ-12
03/15/90 House Referred to Committee on Judiciary HJ-13
03/28/90 House Committee report: Favorable with amendment
Judiciary HJ-189
04/04/90 House Amended HJ-42
04/04/90 House Read second time HJ-44
04/05/90 House Read third time and sent to Senate HJ-18
04/10/90 Senate Introduced and read first time SJ-15
04/10/90 Senate Referred to Committee on Judiciary SJ-16
04/24/90 Senate Committee report: Favorable with amendment
Judiciary SJ-14
04/25/90 Senate Amended SJ-64
04/25/90 Senate Read second time SJ-64
04/25/90 Senate Ordered to third reading with notice of
amendments SJ-64
05/02/90 Senate Special order SJ-24
05/02/90 Senate Commit to Education Comm. retaining place on
calendar SJ-24
05/31/90 Senate Recalled from Education Committee SJ-25
05/31/90 Senate Amended SJ-25
06/04/90 Senate Amended SJ-23
06/04/90 Senate Read third time and returned to House with
amendments SJ-27
06/05/90 House Concurred in Senate amendment and enrolled HJ-4
06/07/90 Ratified R 713
06/12/90 Signed By Governor
06/12/90 Effective date 06/12/90
06/12/90 Act No. 579
07/06/90 Copies available
(A579, R713, H4852)
AN ACT TO ENACT THE "SAFE SCHOOLS ACT OF 1990"; TO AMEND
SECTION 16-23-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
THE CRIME OF CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE
THE PENALTIES; TO AMEND SECTION 44-53-445, AS AMENDED, RELATING TO THE
DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A CERTAIN PROXIMITY OF A
SCHOOL, SO AS TO INCLUDE THE UNLAWFUL PURCHASING OF A CONTROLLED
SUBSTANCE AS A CRIMINAL OFFENSE, SO AS TO EXPAND THE SCOPE OF THE
CRIME TO INCLUDE BEING IN A PUBLIC OR PRIVATE SCHOOL, ON A PUBLIC
PLAYGROUND OR PARK, AND IN, OR WITHIN A RADIUS OF ONE-HALF MILE OF THE
GROUNDS OF, A PUBLIC VOCATIONAL OR TRADE SCHOOL OR TECHNICAL EDUCATION
CENTER, OR A PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY, PROVIDE FOR A
VIOLATION INVOLVING THE DISTRIBUTION, SALE, MANUFACTURE, OR POSSESSION
WITH INTENT TO DISTRIBUTE CRACK COCAINE, PROVIDE A PENALTY FOR THE
PURCHASE OF A CONTROLLED SUBSTANCE, INCLUDING CRACK COCAINE, CHANGE
REFERENCES "PRESUMPTIONS OF INTENT TO DISTRIBUTE" TO
"INFERENCES OF INTENT TO DISTRIBUTE", AND CHANGE CODE
SECTION REFERENCES; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO
TRANSFER OF JURISDICTION BY CERTAIN COURTS OVER JUVENILES, SO AS TO
PROVIDE THAT IF A CHILD FIFTEEN YEARS OF AGE OR OLDER IS CHARGED WITH
A VIOLATION OF SECTION 16-23-430(1) OR SECTION 44-53-445, THE COURT
MAY, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, BIND OVER THE CHILD
FOR PROPER CRIMINAL PROCEEDINGS TO A COURT WHICH WOULD HAVE TRIAL
JURISDICTION OF THE OFFENSES IF COMMITTED BY AN ADULT; TO AMEND
CHAPTER 63, TITLE 59, RELATING TO EDUCATION AND PUPILS GENERALLY, BY
ADDING ARTICLE 4 SO AS TO ENACT THE "SCHOOL CRIME REPORT
ACT"; TO AMEND SECTION 59-5-65, RELATING TO THE POWERS AND
RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE
THAT THE STATE BOARD OF EDUCATION SHALL DEVELOP BY REGULATION A MODEL
SAFE SCHOOLS CHECKLIST TO BE USED BY SCHOOL DISTRICTS TO ASSESS THEIR
SCHOOLS' SAFETY STRENGTHS AND WEAKNESSES; TO REQUIRE THE STATE BOARD
OF EDUCATION TO PROMULGATE BY DECEMBER 31, 1990, THE REGULATION
REQUIRED PURSUANT TO THE ITEM ADDED TO SECTION 59-5-65 BY THIS ACT;
AND TO AMEND SECTION 16-3-1040, RELATING TO THREATENING THE LIFE,
PERSON, OR FAMILY OF A PUBLIC OFFICIAL, SO AS TO EXTEND THE PROVISIONS
OF THIS SECTION TO A TEACHER OR PRINCIPAL OF AN ELEMENTARY OR
SECONDARY SCHOOL.
Be it enacted by the General Assembly of the State of South Carolina:
Penalties increased
SECTION 1. Section 16-23-430(2) of the 1976 Code is amended to
read:
"(2) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction, must be fined in an
amount not to exceed one thousand dollars or imprisoned for a term not
to exceed one year, or both. Any weapon or object used in violation
of this section may be confiscated by the law enforcement division
making the arrest."
Purchase made unlawful; playgrounds, parks added, etc.
SECTION 2. Section 44-53-445 of the 1976 Code, as last amended by
Act 128 of 1987, is further amended to read:
"Section 44-53-445. It is a separate criminal offense for
a person to unlawfully distribute, sell, purchase, manufacture, or to
unlawfully possess with intent to distribute, a controlled substance
while in or on or within a radius of one-half mile of the grounds of a
public or private elementary, middle, or secondary school; a public
playground or park; a public vocational or trade school or technical
educational center; or a public or private college or university. Any
person committing this act must be, upon conviction, punished by a
fine not to exceed ten thousand dollars, or by imprisonment not to
exceed ten years, or both. When a violation involves the
distribution, sale, manufacture, or possession with intent to
distribute crack cocaine, the punishment, upon conviction, must be a
fine of not less than ten thousand dollars and imprisonment for not
less than ten nor more than fifteen years. When a violation involves
only the purchase of a controlled substance, including crack cocaine,
the punishment, upon conviction, must be a fine of not to exceed one
thousand dollars or imprisonment for a term not to exceed one year, or
both.
For purposes of the creation of inferences of intent to
distribute, the inferences set out in Sections 44-53-370 and 44-53-375
apply to criminal prosecutions under this section."
Minor bound over as an adult
SECTION 3. Section 20-7-430 of the 1976 Code, as last amended by
Act 110 of 1989, is further amended by adding an appropriately
numbered item to read:
"( ) If a child fifteen years of age or older is charged
with a violation of Section 16-23-430(1) or Section 44-53-445, the
court may after full investigation and hearing, if it considers it
contrary to the best interest of the child or the public to retain
jurisdiction, acting as committing magistrate, bind over the child for
proper criminal proceedings to a court which would have trial
jurisdiction of the offenses if committed by an adult."
School crime reporting
SECTION 4. Chapter 63, Title 59 of the 1976 Code is amended by
adding:
"Article 4
School Crime Reporting
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.
Section 59-63-340. The State Board of Education shall
promulgate regulations necessary to enforce the provisions of this
article."
Model safe schools checklist
SECTION 5. Section 59-5-65 of the 1976 Code is amended by adding
at the end the following appropriately numbered item:
"( ) Develop by regulation a model safe schools checklist
to be used by school districts on a regular basis to assess their
schools' safety strengths and weaknesses. The checklist must include:
(a) the existence of a comprehensive safety plan;
(b) communication of discipline policies and
procedures;
(c) intraagency and interagency emergency planning;
(d) recording of disruptive incidents;
(e) training of staff and students;
(f) assessment of buildings and grounds;
(g) procedures for handling visitors;
(h) assignment of personnel in emergencies;
(i) emergency communication and management
procedures; and
(j) transportation rules and accident
procedures."
Regulation promulgated by December 31, 1990
SECTION 6. The State Board of Education shall promulgate by
December 31, 1990, the regulation required pursuant to the item added
to Section 59-5-65 of the 1976 Code under Section 5 of this act.
Citation of act
SECTION 7. This act may be cited as the "Safe Schools Act of
1990".
Coverage extended to teachers, principals
SECTION 8. Section 16-3-1040 of the 1976 Code is amended to read:
"Section 16-3-1040. It is unlawful for any person to
knowingly and wilfully deliver or convey to a public official or to a
teacher or principal of an elementary or secondary school any letter
or paper, writing, print, missive, document, or electronic
communication or any verbal or electronic communication which contains
any threat to take the life of or to inflict bodily harm upon the
public official, teacher, or principal, or members of their immediate
families.
Any person violating the provisions of this section must, upon
conviction, be punished by a term of imprisonment of not more than
five years.
For purposes of this section:
(1) 'Public official' means any elected or appointed official of
the United States or of this State or of a county, municipality, or
other political subdivision of this State.
(2) 'Immediate family' means the spouse, child, grandchild,
mother, father, sister, or brother of the public official, teacher, or
principal."
Time effective
SECTION 9. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1990.
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