H*4804 Session 112 (1997-1998)
H*4804(Rat #0538, Act #0435 of 1998) General Bill, By Jennings
Similar(S 1114)
A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC
OFFICIAL, TEACHER OR PRINCIPAL, SO AS TO MAKE IT UNLAWFUL TO THREATEN THE
LIFE, PERSON, OR FAMILY OF ANY PUBLIC EMPLOYEE, AND REVISE THE PENALTIES FOR
VIOLATION; TO AMEND CHAPTER 7 OF TITLE 5, RELATING TO MUNICIPAL CORPORATIONS,
BY ADDING SECTION 5-7-12 SO AS TO PROVIDE FOR DESIGNATION AND ASSIGNMENT OF A
SCHOOL RESOURCE OFFICER FOR LAW ENFORCEMENT PURPOSES IN CONNECTION WITH A
SCHOOL OR SCHOOL SYSTEM; TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, RELATING TO
REPORTING OF SCHOOL CRIMES, BY ADDING SECTION 59-63-335 SO AS TO PROVIDE FOR
LIABILITY OF A SCHOOL ADMINISTRATOR AND DISTRICT FOR ATTORNEY'S FEES AND COSTS
ASSOCIATED WITH ENFORCEMENT OF SCHOOL CRIME REPORTING REQUIREMENTS; TO AMEND
SECTION 59-63-360, RELATING TO THE ATTORNEY GENERAL'S MONITORING OF SCHOOL
CRIME REPORTS, SO AS TO ALLOW HIM OR HIS DESIGNEE TO REPRESENT THE SCHOOL
DISTRICT WHEN A CRIMINAL CASE IS APPEALED; TO AMEND SECTION 59-63-370,
RELATING TO A STUDENT'S CONVICTION OR DELINQUENCY ADJUDICATION FOR CERTAIN
CRIMES, SO AS TO INCLUDE CERTAIN DRUG ACTIVITIES AND WEAPONS OFFENSES AND TO
DEFINE "WEAPON"; AND TO AMEND SECTION 20-7-8505, RELATING TO JUVENILE RECORDS,
SO AS TO PROVIDE FOR DISCLOSURE OF RECORDS TO A SCHOOL BY THE DEPARTMENTS OF
JUVENILE JUSTICE, CORRECTIONS, AND PROBATION, PARDON, AND PAROLE SERVICES AND
TO INCLUDE SCHOOL CRIMES.-AMENDED TITLE
03/12/98 House Introduced and read first time HJ-40
03/12/98 House Referred to Committee on Judiciary HJ-40
04/15/98 House Committee report: Favorable with amendment
Judiciary HJ-81
04/16/98 House Amended HJ-47
04/16/98 House Read second time HJ-48
04/16/98 House Unanimous consent for third reading on next
legislative day HJ-49
04/17/98 House Read third time and sent to Senate HJ-6
04/21/98 Senate Introduced and read first time
04/21/98 Senate Referred to Committee on Judiciary
05/27/98 Senate Committee report: Favorable Judiciary SJ-18
05/28/98 Senate Read second time SJ-48
05/28/98 Senate Ordered to third reading with notice of
amendments SJ-48
06/04/98 Senate Amended SJ-196
06/04/98 Senate Read third time and returned to House with
amendments SJ-196
06/04/98 House Non-concurrence in Senate amendment HJ-193
06/16/98 Senate Senate insists upon amendment and conference
committee appointed Sens. Bryan, Wilson, Ford
06/16/98 House Conference committee appointed Reps. Fleming,
Altman & McMaster HJ-20
06/16/98 House Conference report received and adopted HJ-137
06/16/98 Senate Conference report received and adopted
06/16/98 House Ordered enrolled for ratification HJ-159
06/17/98 Ratified R 538
07/06/98 Signed By Governor
07/06/98 Effective date 07/06/98
07/13/98 Copies available
08/05/98 Act No. 435
(A435, R538, H4804)
AN ACT TO AMEND SECTION 16-3-1040, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC
OFFICIAL, TEACHER, OR PRINCIPAL, SO AS TO MAKE IT
UNLAWFUL TO THREATEN THE LIFE, PERSON, OR FAMILY OF
ANY PUBLIC EMPLOYEE, AND REVISE THE PENALTIES FOR
VIOLATION; TO AMEND CHAPTER 7 OF TITLE 5, RELATING TO
MUNICIPAL CORPORATIONS, BY ADDING SECTION 5-7-12 SO
AS TO PROVIDE FOR DESIGNATION AND ASSIGNMENT OF A
SCHOOL RESOURCE OFFICER FOR LAW ENFORCEMENT
PURPOSES IN CONNECTION WITH A SCHOOL OR SCHOOL
SYSTEM; TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59,
RELATING TO REPORTING OF SCHOOL CRIMES, BY ADDING
SECTION 59-63-335 SO AS TO PROVIDE FOR LIABILITY OF A
SCHOOL ADMINISTRATOR AND DISTRICT FOR ATTORNEY'S
FEES AND COSTS ASSOCIATED WITH ENFORCEMENT OF
SCHOOL CRIME REPORTING REQUIREMENTS; TO AMEND
SECTION 59-63-360, RELATING TO THE ATTORNEY GENERAL'S
MONITORING OF SCHOOL CRIME REPORTS, SO AS TO ALLOW
HIM OR HIS DESIGNEE TO REPRESENT THE SCHOOL DISTRICT
WHEN A CRIMINAL CASE IS APPEALED; TO AMEND SECTION
59-63-370, RELATING TO A STUDENT'S CONVICTION OR
DELINQUENCY ADJUDICATION FOR CERTAIN CRIMES, SO AS
TO INCLUDE CERTAIN DRUG ACTIVITIES AND WEAPONS
OFFENSES AND TO DEFINE "WEAPON"; AND TO
AMEND SECTION 20-7-8505, RELATING TO JUVENILE RECORDS,
SO AS TO PROVIDE FOR DISCLOSURE OF RECORDS TO A
SCHOOL BY THE DEPARTMENTS OF JUVENILE JUSTICE,
CORRECTIONS, AND PROBATION, PARDON, AND PAROLE
SERVICES AND TO INCLUDE SCHOOL CRIMES.
Be it enacted by the General Assembly of the State of South Carolina:
Threatening the life, person, or family of a public official
SECTION 1. Section 16-3-1040 of the 1976 Code, as last
amended by Act 579 of 1990, is further amended to read:
"Section 16-3-1040. (A) It is unlawful for a person knowingly
and wilfully to 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 verbal
or electronic communication which contains a threat to take the life of or
to inflict bodily harm upon the public official, teacher, or principal, or
members of his immediate family if the threat is directly related to the
public official's, teacher's, or principal's professional responsibilities.
(B) It is unlawful for a person knowingly and wilfully to deliver or
convey to a public employee a letter or paper, writing, print, missive,
document, or electronic communication or verbal or electronic
communication which contains a threat to take the life of or to inflict
bodily harm upon the public employee or members of his immediate
family if the threat is directly related to the public employee's official
responsibilities.
(C) A person who violates the provisions of subsection (A), upon
conviction, must be fined not more than five thousand dollars or
imprisoned not more than five years, or both.
(D) A person who violates the provisions of subsection (B), upon
conviction, must be fined not more than five hundred dollars or
imprisoned not more than thirty days, or both.
(E) For purposes of this section:
(1) 'Public official' means an 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) 'Public employee' means a person employed by the State, a
county, a municipality, a school district, or a political subdivision of this
State, except that for purposes of this section, a 'public employee' does not
include a teacher or principal of an elementary or secondary school.
(3) 'Immediate family' means the spouse, child, grandchild,
mother, father, sister, or brother of the public official, teacher, principal,
or public employee."
South Carolina School Safety Act
SECTION 2. This act is known and may be cited as the
"South Carolina School Safety Act of 1998".
School resource officer
SECTION 3. The 1976 Code is amended by adding:
"Section 5-7-12. (A) The governing body of a municipality
or county may upon the request of any other governing body or of any
other political subdivision of the State, including school districts,
designate certain officers to be assigned to the duty of a school resource
officer and to work within the school systems of the municipality or
county. The person assigned as a school resource officer shall have
statewide jurisdiction to arrest persons committing crimes in connection
with a school activity or school-sponsored event. When acting pursuant
to this section and outside of the sworn municipality or county of the
school resource officer, the officer shall enjoy all authority, rights,
privileges, and immunities, including coverage under the workers'
compensation laws that he would have enjoyed if operating in his sworn
jurisdiction.
(B) For purposes of this section, a 'school resource officer' is
defined as a person who is a sworn law enforcement officer pursuant to
the requirements of any jurisdiction of this State, who has completed the
basic course of instruction for School Resource Officers as provided or
recognized by the National Association of School Resource Officers or
the South Carolina Criminal Justice Academy, and who is assigned to one
or more school districts within this State to have as a primary duty the
responsibility to act as a law enforcement officer, advisor, and teacher for
that school district."
Liability for failure to report school crimes
SECTION 4. The 1976 Code is amended by adding:
"Section 59-63-335. Failure of a school administrator to report
criminal conduct as set forth in Section 59-24-60 or failure to report
information concerning school-related crime pursuant to Section
59-63-330 shall subject the administrator and the school district to
liability for payment of a party's attorney's fees and the costs associated
with an action to seek a writ of mandamus to compel the administrator
and school district to comply with Section 59-24-60 or 59-63-330."
Attorney General
SECTION 5. Section 59-63-360 of the 1976 Code, as added by
Act 324 of 1996, is amended to read:
"Section 59-63-360. The Attorney General shall monitor all
reported school crimes. The Attorney General or his designee may
represent the local school district when a criminal case is appealed to an
appellate court of competent jurisdiction."
Student's conviction or delinquent adjudication for certain crimes;
notice; permanent records; "weapon" defined
SECTION 6. Section 59-63-370 of the 1976 Code, as added by
Act 80 of 1997, is amended to read:
"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, a violent offense as
defined in Section 16-1-60, an offense in which a weapon as defined in
Section 59-63-370 was used, or for distribution or trafficking in unlawful
drugs as defined in Article 3, Chapter 53 of Title 44 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, intends to be enrolled, or was last enrolled. These agencies
are authorized to request information concerning school enrollment from
a student convicted of or adjudicated delinquent for an offense listed in
this item.
(2) When a student convicted of or adjudicated delinquent for an
offense listed in item (1) of this section 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 an offense listed in item (1)
of this section. 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 an
offense listed in item (1) of this section, 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.
A 'weapon', as used in this section, means a firearm, knife with a
blade-length of over two inches, dirk, razor, metal knuckles, slingshot,
bludgeon, or any other deadly instrument used for the infliction of bodily
harm or death."
Juvenile records; confidentiality
SECTION 7. Section 20-7-8505 of the 1976 Code, as added by
Act 383 of 1996, is further amended to read:
"Section 20-7-8505. Records and information of the
department pertaining to juveniles shall be confidential as provided in
Section 20-7-8510; provided, however, that where necessary and
appropriate to ensure the provision and coordination of services and
assistance to a juvenile under the custody or supervision of the
department, the director must establish policies by which the department
may transmit such information and records to another department or
agency of state or local government, a school district, or a private
institution or facility licensed by the State as a child-serving organization,
where such is required for admission or enrollment of the juvenile into a
program of services, treatment, training, or education. Records and
information provided to a public or private school by the Department of
Juvenile Justice, the Department of Corrections, or the Department of
Probation, Parole, and Pardon Services must include in the case of an
individual who has been adjudicated for having committed a violent crime
as defined in Section 16-1-60, for a crime in which a weapon as defined
in Section 59-63-370 was used, 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 for distribution or trafficking in unlawful drugs as
defined in Article 3, Chapter 53 of Title 44, notice as set forth in Section
59-63-370. The person's juvenile criminal record must be provided by the
Department of Juvenile Justice, the Department of Corrections, or the
Department of Probation, Parole, and Pardon Services to the principal of
any school to which the person is seeking enrollment, upon the principal's
request. Each school district is responsible for developing a policy for
schools to follow within the district which ensures that the confidential
nature of these records and of the other information received is
maintained. This policy must include at a minimum the retention of the
juvenile's criminal record, and other information relating to his criminal
record, in the juvenile's school disciplinary file, or in some other
confidential location, restricting access to the file and to its contents to
school personnel as deemed necessary and appropriate to meet and
adequately address the educational needs of the juvenile and for the
destruction of these records upon the juvenile's completion of secondary
school, or upon reaching twenty-one years of age."
Time effective
SECTION 8. This act takes effect upon approval by the
Governor.
Approved the 6th day of July, 1998.
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