H 4631 Session 112 (1997-1998)
H 4631 General Bill, By Fleming, Barfield, Barrett, Bauer, Davenport, Hinson,
Klauber, Martin, J.D. McMaster, Sandifer, Seithel, Sharpe, Simrill and R. Smith
A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL SAFETY ACT OF 1998" INCLUDING
PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 5-7-12 SO AS TO PROVIDE FOR DESIGNATION AND ASSIGNMENT OF SCHOOL
RESOURCE OFFICERS BY THE GOVERNING BODIES OF CERTAIN POLITICAL SUBDIVISIONS,
INCLUDING SCHOOL DISTRICTS, TO WORK WITHIN THE SCHOOL SYSTEMS OF
MUNICIPALITIES OR COUNTIES, AND TO DEFINE A SCHOOL RESOURCE OFFICER; BY ADDING
SECTION 59-63-335 SO AS TO PROVIDE FOR PAYMENT OF A PARTY'S ATTORNEY'S FEES
UPON FAILURE OF A SCHOOL ADMINISTRATOR TO REPORT CERTAIN CRIMINAL CONDUCT; TO
AMEND SECTION 59-63-360, RELATING TO THE ATTORNEY GENERAL MONITORING SCHOOL
CRIMES, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL OR HIS DESIGNEE MAY
REPRESENT THE LOCAL SCHOOL DISTRICT WHEN A CRIMINAL CASE INVOLVING SCHOOL
CRIME IS APPEALED TO AN APPELLATE COURT OF COMPETENT JURISDICTION; TO AMEND
SECTION 59-63-370, RELATING TO STUDENT CONVICTION OR DELINQUENCY ADJUDICATION
FOR CERTAIN OFFENSES, SO AS TO INCLUDE WEAPONS OFFENSES FOR PURPOSES OF
NOTIFICATION OF THE SENIOR ADMINISTRATOR AT THE STUDENT'S SCHOOL AND PLACEMENT
OF INFORMATION IN PERMANENT SCHOOL RECORDS; BY ADDING SECTION 59-63-375 SO AS
TO DEFINE A WEAPON FOR PURPOSES OF SECTION 59-63-370.
02/17/98 House Introduced and read first time HJ-4
02/17/98 House Referred to Committee on Judiciary HJ-4
04/01/98 House Committee report: Favorable with amendment
Judiciary HJ-4
04/01/98 Member(s) added as co-sponsor(s): Rep(s) Klauber SJ-21
04/07/98 House Member(s) added as co-sponsor(s): Rep(s) Hinson,
Bauer, Sharpe, Sandifer, McMaster, Barfield,
Barrett & R. Smith HJ-397
04/07/98 House Amended HJ-406
04/07/98 House Read second time HJ-409
04/08/98 House Read third time and sent to Senate HJ-29
04/14/98 Senate Introduced and read first time SJ-7
04/14/98 Senate Referred to Committee on Judiciary SJ-7
05/28/98 Senate Committee report: Favorable with amendment
Judiciary SJ-16
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 28, 1998
H. 4631
Introduced by Reps. Fleming, Seithel, Martin, Simrill, Davenport,
Klauber, Hinson, Bauer, Sharpe, Sandifer, McMaster, Barfield,
Barrett and R. Smith
S. Printed 5/28/98--S.
Read the first time April 14, 1998.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (H. 4631), to enact the "South
Carolina School Safety Act of 1998" including provisions to
amend the Code of Laws of South Carolina, 1976, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting
words and inserting therein the following:
/SECTION 1. This act is known and may be cited as the
"South Carolina School Safety Act of 1998".
SECTION 2. 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."
SECTION 3. 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."
SECTION 4. 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 the a criminal
case is appealed to an appellate court of competent
jurisdiction."
SECTION 5. 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, or
a violent offense as defined in Section 16-1-60, an
offense in which a weapon as defined in Section 59-63-375 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, or intends to be
enrolled, or was last enrolled. These agencies are authorized
to request information concerning school enrollment from the
students a student convicted of or adjudicated delinquent
for assault and battery against school personnel or a violent
an offense listed in this item.
(2) When a student convicted of or adjudicated delinquent for
assault and battery against school personnel or assault and battery
of a high and aggravated nature against school personnel 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 assault
and battery against school personnel, assault and battery of a high and
aggravated nature against school personnel, or a violent crime as
defined in Section 16-1-60 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
assault and battery against school personnel, assault and battery
of a high and aggravated nature against school personnel, or a violent
crime as defined in Section 16-1-60, 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."
SECTION 6. 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, a copy of and, if requested, information
pertaining to that person's juvenile criminal record 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 the school
which the juvenile is eligible to attend immediately upon the person's
release from the Department of Juvenile Justice. The person's
juvenile criminal record must be provided by the Department of
Juvenile Justice 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."
SECTION 7. Section 16-23-430 of the 1976 Code is amended
to read:
"Section 16-23-430. (1) It shall be is
unlawful for any person, except State state, county
or municipal law enforcement officers or personnel authorized by
school officials, to carry on his person, while on any elementary
or secondary school property, onto any premises or property
owned, operated, or controlled by a private or public school, college,
university, technical college, or other post-secondary institution
a knife, with a blade over two inches long, a blackjack, a metal pipe
or pole, firearms or any other type of weapon, device or
object which may be used to inflict bodily injury or death.
(2) A person who violates the provisions of this section is guilty
of a felony and, upon conviction, must be fined not more than one
thousand dollars or imprisoned not more than five years, or both.
Any weapon or object used in violation of this section may be
confiscated by the law enforcement division making the arrest."
SECTION 8. Title 16 of the 1976 Code is amended by adding:
"Chapter 24
Children's Firearm Accident Prevention Act of
1998
Section 16-24-10. This act may be cited as the `Children's Firearm
Accident Prevention Act of 1998'.
Section 16-24-20. As used in this article:
(1) 'Trigger-locking device' means a device which prevents a
firearm from functioning and which, when applied to the weapon,
renders the weapon inoperable.
(2) 'Loaded firearm' means a firearm which has an unexpended
cartridge or shell, consisting of a case which holds a charge of
powder and a bullet or shot, in, or attached in any manner to, the
firearm, including, but not limited to, in the firing chamber,
magazine, or clip of it attached to the firearm. A muzzle-loader
firearm is considered to be loaded when it is capped or primed and
has a powder charge and ball or shot in the barrel or cylinder.
(3) 'Child' means a person under eighteen years of age.
(4) 'Locked container' means a secure container which is fully
enclosed and locked by a padlock key, lock, combination lock, or
similar locking device. The term includes the locked utility or glove
compartment of a motor vehicle.
Section 16-24-30. (A) Except as provided in Section 16-24-40, a
person who keeps a loaded firearm on premises which are under his
custody or control where he knows or reasonably should know that
a child is likely to gain access to the firearm without the supervision
of the person who has custody or control of the premises must store
the loaded firearm in a locked container.
(1) If the firearm is not stored in a locked container and the
child obtains access to the firearm and causes death to himself,
herself, or any other person, the person is guilty of criminal storage
of a firearm in the first degree.
(2) If the firearm is not stored in a locked container and the
child obtains access to the firearm and causes injury to himself,
herself, or any other person or causes the firearm to discharge, but
death does not occur, he is guilty of criminal storage of a firearm in
the second degree.
(B) (1) A person who violates subsection (A)(1) is guilty of
criminal storage of a firearm in the first degree and, upon conviction,
must be imprisoned for not more than three years or fined not more
than two thousand dollars, or both.
(2) A person who violates subsection (A)(2) is guilty of criminal
storage of a firearm in the second degree and, upon conviction, must
be imprisoned for not more than one year or fined not more than one
thousand dollars, or both.
Section 16-24-40. This chapter does not apply whenever any of the
following occurs:
(1) the child obtains the firearm as a result of an illegal entry to
any premises by any person;
(2) the firearm is kept in a locked container or in a location which
a reasonable person would believe to be secure;
(3) the firearm is carried on the person so that it can be readily
retrieved;
(4) the firearm is equipped with a trigger-locking device and the
device is on;
(5) the person is a law enforcement officer or a member of the
armed forces or national guard and the child obtains the firearm
during, or incidental to, the performance of the person's duties;
(6) the child obtains, or obtains and discharges, the firearm in a
lawful act of self-defense or defense of another person or persons; or
(7) a person who keeps a loaded firearm on any premises which
are under his custody or control and has no reasonable expectation,
based on objective facts and circumstances, that a child is likely to be
present on the premises.
Section 16-24-50. (A) If a person who violates this chapter is
related within the third degree of consanguinity to a child who is
injured or who dies as the result of an accidental shooting, the
solicitor prosecuting the violation shall consider the impact of the
injury or death on that person when deciding whether to prosecute
that person for the violation.
(B) This article may not otherwise restrict, in any manner, the
factors that a solicitor may consider when deciding whether to
prosecute a person who violates this chapter.
Section 16-24-60. (A) If a person who violates this chapter is
related within the third degree of consanguinity to a child who is
injured or who dies as the result of an accidental shooting, the arrest
of the person for the violation of this chapter shall not occur until at
least seven days after the date upon which the accidental shooting
occurred.
(B) In addition to the limitation contained in subsection (A), if the
person to be arrested for violating this chapter is related within the
third degree of consanguinity to a child who suffers serious bodily
injury as a result of an accidental shooting, a law enforcement officer
shall consider the health status of the injured child before arresting
the person for violating this chapter.
Section 16-24-70. (A) Upon the retail sale or transfer of a firearm,
the seller shall deliver a written warning to the purchaser that states,
in block letters not less than one-fourth inch in height:
`IT IS UNLAWFUL, AND PUNISHABLE BY
IMPRISONMENT AND FINE, FOR ANY PERSON TO
STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN
THE REACH OR EASY ACCESS OF A CHILD UNDER
THE AGE OF EIGHTEEN'.
(B) A retail dealer who sells firearms shall conspicuously post at
each purchase counter the following warning in block letters not less
than one inch in height:
`IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM
IN ANY PLACE WITHIN THE REACH OR EASY ACCESS
OF A CHILD UNDER THE AGE OF EIGHTEEN'.
(C) A person who knowingly violates the provisions of this section
is guilty of a misdemeanor and, upon conviction, must be fined not
less than one thousand dollars nor more than five thousand
dollars."
SECTION 9. This act takes effect upon approval by the
Governor./
Amend title to conform.
GLENN F. McCONNELL, for Committee.
A BILL
TO ENACT THE "SOUTH CAROLINA SCHOOL SAFETY
ACT OF 1998" INCLUDING PROVISIONS TO AMEND
THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING SECTION 5-7-12 SO AS TO PROVIDE FOR
DESIGNATION AND ASSIGNMENT OF SCHOOL RESOURCE
OFFICERS BY THE GOVERNING BODIES OF CERTAIN
POLITICAL SUBDIVISIONS, INCLUDING SCHOOL
DISTRICTS, TO WORK WITHIN THE SCHOOL SYSTEMS OF
MUNICIPALITIES OR COUNTIES, AND TO DEFINE A
SCHOOL RESOURCE OFFICER; BY ADDING SECTION
59-63-335 SO AS TO PROVIDE FOR PAYMENT OF A PARTY'S
ATTORNEY'S FEES UPON FAILURE OF A SCHOOL
ADMINISTRATOR TO REPORT CERTAIN CRIMINAL
CONDUCT; TO AMEND SECTION 59-63-360, RELATING TO
THE ATTORNEY GENERAL MONITORING SCHOOL CRIMES,
SO AS TO PROVIDE THAT THE ATTORNEY GENERAL OR
HIS DESIGNEE MAY REPRESENT THE LOCAL SCHOOL
DISTRICT WHEN A CRIMINAL CASE INVOLVING SCHOOL
CRIME IS APPEALED TO AN APPELLATE COURT OF
COMPETENT JURISDICTION; TO AMEND SECTION 59-63-370,
RELATING TO STUDENT CONVICTION OR DELINQUENCY
ADJUDICATION FOR CERTAIN OFFENSES, SO AS TO
INCLUDE WEAPONS OFFENSES FOR PURPOSES OF
NOTIFICATION OF THE SENIOR ADMINISTRATOR AT THE
STUDENT'S SCHOOL AND PLACEMENT OF INFORMATION
IN PERMANENT SCHOOL RECORDS; BY ADDING SECTION
59-63-375 SO AS TO DEFINE A WEAPON FOR PURPOSES OF
SECTION 59-63-370.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. This act is known and may be cited as the
"South Carolina School Safety Act of 1998".
SECTION 2. 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 another 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, this 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."
SECTION 3. 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 which he
knows to be occurring or fails to report information concerning
school-related crime pursuant to Section 59-63-330 shall subject the
administrator and the school district to liability to pay 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."
SECTION 4. 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 the a criminal
case is appealed to an appellate court of competent
jurisdiction."
SECTION 5. 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, or
a violent offense defined in Section 16-1-60, an offense in which
a weapon as defined in Section 59-63-375 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 or intends to be was last enrolled.
These agencies are authorized to request information concerning
school enrollment from the students convicted of or adjudicated
delinquent for assault and battery against school personnel or a
violent offense a crime listed in this item.
(2) When a student convicted of or adjudicated delinquent for
assault and battery against school personnel or assault and battery
of a high and aggravated nature against school personnel a
crime 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 assault
and battery against school personnel, assault and battery of a high and
aggravated nature against school personnel, or a violent crime as
defined in Section 16-1-60 a crime 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
assault and battery against school personnel, assault and battery
of a high and aggravated nature against school personnel, or a violent
crime as defined in Section 16-1-60, a crime 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."
SECTION 6. Article 4, Title 59 of the 1976 Code is amended by
adding:
"Section 59-63-375. A weapon, as this term is used in Section
59-63-370, is defined as any 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."
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 59-63-375 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, a copy of and, if requested, information
pertaining to that person's juvenile criminal record 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 the school
which the juvenile is eligible to attend immediately upon the person's
release from the Department of Juvenile Justice. The person's
juvenile criminal record must be provided by the Department of
Juvenile Justice 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."
SECTION 8. This act takes effect upon approval by the Governor.
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