H 3919 Session 114 (2001-2002)
H 3919 General Bill, By Robinson and Rice
A BILL TO AMEND SECTION 16-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO UNLAWFULLY ENTICING AN ENROLLED CHILD FROM ATTENDING SCHOOL,
SO AS TO PROVIDE WITH CERTAIN EXCEPTIONS THAT THE PROVISIONS OF THIS SECTION
DO NOT APPLY TO A STUDENT IN SCHOOL WHO ENTICES ANOTHER STUDENT NOT TO ATTEND
SCHOOL WHICH MATTERS SHALL BE HANDLED ADMINISTRATIVELY BY APPROPRIATE SCHOOL
OFFICIALS.
04/10/01 House Introduced and read first time HJ-35
04/10/01 House Referred to Committee on Education and Public
Works HJ-35
A BILL
TO AMEND SECTION 16-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFULLY ENTICING AN ENROLLED CHILD FROM ATTENDING SCHOOL, SO AS TO PROVIDE WITH CERTAIN EXCEPTIONS THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO A STUDENT IN SCHOOL WHO ENTICES ANOTHER STUDENT NOT TO ATTEND SCHOOL WHICH MATTERS SHALL BE HANDLED ADMINISTRATIVELY BY APPROPRIATE SCHOOL OFFICIALS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-17-510 of the 1976 Code, as last amended by Act 352 of 1998, is further amended to read:
"Section 16-17-510. It is unlawful for a person to encourage, entice, or conspire to encourage or entice a child enrolled in any public or private elementary or secondary school of this State from attendance in the school or school program or transport or provide transportation in aid to encourage or entice a child from attendance in any public or private elementary or secondary school or school program.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than two years, or both. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a first or second offense must be tried exclusively in magistrate's court. Third and subsequent offenses must be tried in the court of general sessions.
The provisions of this section do not apply to a student enrolled in a school enticing another student at that school not to attend school or a school program. These matters shall be handled administratively by appropriate school officials; provided, that after three instances of administrative punishment or discipline under this section, a student may be charged with a violation of this section."
SECTION 2. This act takes effect upon approval by the Governor.
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