S 1089 General Bill, By Setzler, Alexander, Bryan, Courson, Drummond, Giese, 
Hayes, Holland, Leatherman, Leventis, Ryberg and Wilson
 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 transfer the
 responsibilities of the State Department of Education under this Act upon the
 Office of the Attorney General on July 1, 1996, to provide that the Attorney
 General's office shall establish a toll-free telephone line for use by school
 administrators when reporting certain crimes, to authorize the Attorney
 General to petition school boards to expel students charged with certain
 crimes, and to represent local school districts when these cases are appealed
 to an appellate court, and to further provide for the procedures which must be
 followed in connection with this Act; and to amend Section 59-24-60, relating
 to the requirement that school officials contact law enforcement authorities
 when specified activities have occurred on school property, so as to provide
 that the Attorney General's office also shall be contacted.

   02/01/96  Senate Introduced and read first time SJ-3
   02/01/96  Senate Referred to Committee on Education SJ-3
   02/29/96  Senate Committee report: Favorable with amendment
                     Education SJ-9
   03/05/96  Senate Amended SJ-14
   03/05/96  Senate Read second time SJ-14
   03/06/96  Senate Read third time and sent to House SJ-24
   03/07/96  House  Introduced and read first time HJ-5
   03/07/96  House  Referred to Committee on Education and Public
                     Works HJ-6

COMMITTEE AMENDMENT ADOPTED

March 5, 1996

S. 1089

Introduced by SENATORS Setzler, Leatherman, Drummond, Bryan, Giese, Leventis, Alexander, Holland, Hayes, Ryberg, Wilson and Courson

S. Printed 3/5/96--S.

Read the first time February 1, 1996.

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 TRANSFER THE RESPONSIBILITIES OF THE STATE DEPARTMENT OF EDUCATION UNDER THIS ACT UPON THE OFFICE OF THE ATTORNEY GENERAL ON JULY 1, 1996, TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE SHALL ESTABLISH A TOLL-FREE TELEPHONE LINE FOR USE BY SCHOOL ADMINISTRATORS WHEN REPORTING CERTAIN CRIMES, TO AUTHORIZE THE ATTORNEY GENERAL TO PETITION SCHOOL BOARDS TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES, AND TO REPRESENT LOCAL SCHOOL DISTRICTS WHEN THESE CASES ARE APPEALED TO AN APPELLATE COURT, AND TO FURTHER PROVIDE FOR THE PROCEDURES WHICH MUST BE FOLLOWED IN CONNECTION WITH THIS ACT; AND TO AMEND SECTION 59-24-60, RELATING TO THE REQUIREMENT THAT SCHOOL OFFICIALS CONTACT LAW ENFORCEMENT AUTHORITIES WHEN SPECIFIED ACTIVITIES HAVE OCCURRED ON SCHOOL PROPERTY, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE ALSO SHALL BE CONTACTED.

Amend Title To Conform

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. 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. In addition, the State Department of Education shall, upon receipt, forward all information concerning school related crime to the Attorney General's Office. This information will be used by the Attorney General in the supervision of the prosecution of school crime.

Section 59-63-340. The State Board of Education shall promulgate regulations necessary to enforce the provisions of this article.

Section 59-63-350. Local law enforcement officials are required to contact the Attorney General's `school safety phone line' to report when any felony, assault and battery of a high and aggravated nature, crime involving a weapon or drug offense is committed on school property or at a school sanctioned or sponsored activity or to report any crime pursuant to Section 59-24-60.

Section 59-63-360. The Attorney General shall monitor all reported school crimes and ensure prosecution of those crimes. The Attorney General may represent the local school district when the case is appealed to an appellate court."

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