H*4430 Session 111 (1995-1996)
H*4430(Rat #0385, Act #0324 of 1996) General Bill, By D.A. Wright, Askins,
H. Brown, T. Brown, B.D. Cain, Dantzler, Easterday, J.G. Felder, Gamble,
R.J. Herdklotz, M. Hines, Inabinett, Klauber, Koon, Law, L.H. Limbaugh, Lloyd,
Mason, Quinn, Rice, Richardson, Riser, Sandifer, Simrill, Spearman,
E.C. Stoddard, Stuart, D.C. Waldrop, Witherspoon and S.S. Wofford
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 provide that
the State Department of Education shall forward all information concerning
school-related crime to the Attorney General which shall be used by him in the
supervision of the prosecution of school crime; to provide that local law
enforcement officials are required to contact the Attorney General's "School
Safety Phone Line" when certain crimes occur; to provide that the Attorney
General shall monitor all reported school crimes and may represent the local
school district when such cases are appealed to an appellate court.-amended
title
01/11/96 House Introduced and read first time HJ-4
01/11/96 House Referred to Committee on Education and Public
Works HJ-4
03/20/96 House Committee report: Favorable with amendment
Education and Public Works HJ-9
03/27/96 House Objection by Rep. Scott, Canty, Cave, S. Whipper,
Neal, Howard & Lloyd HJ-43
04/17/96 House Amended HJ-72
04/17/96 House Read second time HJ-74
04/17/96 House Roll call Yeas-83 Nays-11 HJ-74
04/18/96 House Objection withdrawn by Rep. Cave HJ-39
04/18/96 House Read third time and sent to Senate HJ-42
04/23/96 Senate Introduced and read first time SJ-22
04/23/96 Senate Referred to Committee on Education SJ-22
04/25/96 Senate Recalled from Committee on Education SJ-2
04/29/96 Senate Read second time SJ-32
05/02/96 Senate Read third time and enrolled SJ-17
05/14/96 Ratified R 385
05/20/96 Signed By Governor
05/20/96 Effective date 05/20/96
05/31/96 Copies available
05/31/96 Act No. 324
(A324, R385, H4430)
AN ACT 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 PROVIDE THAT THE
STATE DEPARTMENT OF EDUCATION SHALL FORWARD ALL
INFORMATION CONCERNING SCHOOL-RELATED CRIME TO
THE ATTORNEY GENERAL WHICH SHALL BE USED BY HIM IN
THE SUPERVISION OF THE PROSECUTION OF SCHOOL CRIME;
TO PROVIDE THAT LOCAL LAW ENFORCEMENT OFFICIALS
ARE REQUIRED TO CONTACT THE ATTORNEY GENERAL'S
"SCHOOL SAFETY PHONE LINE" WHEN CERTAIN
CRIMES OCCUR; AND TO PROVIDE THAT THE ATTORNEY
GENERAL SHALL MONITOR ALL REPORTED SCHOOL CRIMES
AND MAY REPRESENT THE LOCAL SCHOOL DISTRICT WHEN
SUCH CASES ARE APPEALED TO AN APPELLATE
COURT.
Be it enacted by the General Assembly of the State of South
Carolina:
School Crime Report Act revised with regard to the Attorney
General
SECTION 1. Article 4, Chapter 63 of Title 59 of the 1976 Code is
amended to read:
"Article 4
School Crime Report Act
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
shall 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' 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 school-sponsored activity or any crime reported
pursuant to Section 59-24-60.
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 case is appealed to an appellate
court."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 20th day of May, 1996. |