H*3684(Rat #0257, Act #0117)  General Bill, By Fair

Similar(S 538)
 A Bill to amend Section 20-7-3300, as amended, Code of Laws of South Carolina,
 1976, relating to juvenile records of the Department of Youth Services so as
 to provide that certain information may be released to school officials and to
 provide procedures for requests; and to amend Section 59-63-217 relating to
 barring enrollment of students so as to add adjudication for assault and
 battery of a high and aggravated nature.-amended title

   03/11/93  House  Introduced and read first time HJ-8
   03/11/93  House  Referred to Committee on Judiciary HJ-8
   05/19/93  House  Committee report: Favorable with amendment
                     Judiciary HJ-16
   05/26/93  House  Amended HJ-68
   05/26/93  House  Read second time HJ-70
   05/27/93  House  Read third time and sent to Senate HJ-113
   06/01/93  Senate Introduced and read first time SJ-45
   06/01/93  Senate Referred to Committee on Education SJ-45
   06/01/93  Senate Recalled from Committee on Education SJ-87
   06/02/93  Senate Read second time SJ-72
   06/02/93  Senate Unanimous consent for third reading on next
                     legislative day SJ-72
   06/03/93  Senate Read third time and enrolled SJ-37
   06/10/93         Ratified R 257
   06/11/93         Signed By Governor
   06/11/93         Effective date 06/11/93
   07/13/93         Copies available

AN ACT TO AMEND SECTION 20-7-3300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUVENILE RECORDS OF THE DEPARTMENT OF YOUTH SERVICES SO AS TO PROVIDE THAT CERTAIN INFORMATION MAY BE RELEASED TO SCHOOL OFFICIALS AND TO PROVIDE A PROCEDURE FOR REQUESTS; AND TO AMEND SECTION 59-63-217 RELATING TO BARRING ENROLLMENT OF STUDENTS SO AS TO ADD ADJUDICATION FOR ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE.

Whereas, the General Assembly finds that there has been an increase in criminal activity and violence in the public schools of this State; and

Whereas, public school officials need information about students to manage problems associated with criminal activity to protect all persons on school property. Now, therefore,

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

School notification of juvenile records of Department of Youth Services

SECTION 1. Section 20-7-3300 of the 1976 Code, as last amended by Act 448 of 1990, is further amended to read:

"Section 20-7-3300. Records and information of the department pertaining to juveniles are confidential as provided in Section 20-7-780. However, 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 board must establish policies by which the department may transmit information and records to another department, agency, or school district of state or local government, or private institution or facility licensed by the State as a child serving organization, where the information is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. If requested, records and information provided to a public or private school by the Department of Youth 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, the unlawful use of possession of a weapon, assault and battery of a high and aggravated nature, or the unlawful sale of drugs whether or not it is considered to be drug trafficking, a copy of, and, if requested, information pertaining to that person's juvenile criminal record. A request for information must be in writing from the principal of the school the juvenile is attending or seeking to attend and must contain the juvenile's name, address, and social security number as contained in the records of the school district. If a juvenile has been adjudicated and committed to the Department of Youth Services for such an offense, the person's juvenile criminal record must be provided by the Department of Youth Services to the principal of the school which the juvenile is eligible to attend immediately upon the person's release from the Department of Youth Services. 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 considered 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."

Adjudication to bar student enrollment in school

SECTION 2. Section 59-63-217(A) of the 1976 Code, as added by Act 506 of 1992, is amended to read:

"(A) In determining whether or not a student meets the standards of conduct and behavior promulgated by the board of trustees necessary for first time enrollment and attendance in a school in the district, the board shall consider nonschool records, the student's disciplinary records in any school in which the student was previously enrolled as these records relate to the adjudication of delinquency in any jurisdiction, within or without this State, of violations or activities which constitute violent crimes under Section 16-1-60, adjudications for assault and battery of a high and aggravated nature, the unlawful use or possession of weapons, or the unlawful sale of drugs whether or not considered to be drug trafficking. Based on this consideration of the student's record, the board may bar his enrollment in the schools of the district."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 11th day of June, 1993.