H 4432 General Bill, By Cooper, Allison, T. Brown, B.D. Cain, Cato, 
C.D. Chamblee, Davenport, Easterday, Fleming, R.C. Fulmer, H.M. Hallman, 
J.L. Harris, Haskins, R.J. Herdklotz, T.E. Huff, H.G. Hutson, Klauber, Lanford, 
L.H. Limbaugh, Limehouse, Littlejohn, Lloyd, C.V. Marchbanks, Mason, Meacham, 
Quinn, Rice, Richardson, Riser, Seithel, Sharpe, Simrill, D. Smith, R. Smith, 
Stille, Tripp, Trotter, D.C. Waldrop, C.C. Wells, Whatley, Wilkins and 
Young-Brickell
 A Bill to amend Article 4, Chapter 63, Title 59, Code of Laws of South
 Carolina, 1976, relating to the School Crime Report Act, so as to devolve the
 duties, functions, and responsibilities of the State Department of Education
 under this Act upon the office of the Attorney General on July 1, 1996, to
 require school administrators to contact the Attorney General's "School Safety
 Phone Line" when reporting certain crimes, to authorize the Attorney General
 to petition school boards to expel students charged with certain crimes, and
 to further provide for the procedures which must be followed in connection
 with this Act.

   01/11/96  House  Introduced and read first time HJ-4
   01/11/96  House  Referred to Committee on Education and Public
                     Works HJ-5

A BILL

TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO DEVOLVE THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE STATE DEPARTMENT OF EDUCATION UNDER THIS ACT UPON THE OFFICE OF THE ATTORNEY GENERAL ON JULY 1, 1996, TO REQUIRE SCHOOL ADMINISTRATORS TO CONTACT THE ATTORNEY GENERAL'S "SCHOOL SAFETY PHONE LINE" WHEN REPORTING CERTAIN CRIMES, TO AUTHORIZE THE ATTORNEY GENERAL TO PETITION SCHOOL BOARDS TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES, AND TO FURTHER PROVIDE FOR THE PROCEDURES WHICH MUST BE FOLLOWED IN CONNECTION WITH THIS ACT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Article 4, Chapter 63 of Title 59 of the 1976 Code is amended to read:

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. On July 1, 1996, the duties, functions, and responsibilities of the State Department of Education under this act are devolved upon the Office of the Attorney General. Thereafter, the Attorney General 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 Attorney General's Office, each school district in the State shall report school-related crime quarterly to the State Department of Education Attorney General's Office. The department Attorney General's Office 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 Attorney General shall promulgate regulations necessary to enforce the provisions of this article.

Section 59-63-350. School administrators are required to contact the Attorney General's `school safety phone line' when any felony, assault and battery of a high and aggravated nature, or crime involving a weapon or drug offense is committed on school property, public school bus, or at a school function. In addition to prosecuting criminal offenses that occur on school property or at school functions, the Attorney General may petition school boards to expel from school students charged with one of the above crimes.

Section 59-63-360. The Attorney General shall monitor all reported school crimes and ensure prosecution of those crimes and expulsion proceedings for students who commit offenses listed in Section 59-63-350."

SECTION 2. This act takes effect July 1, 1996.