H 3715  General Bill, By Talley, Duncan, Mahaffey, Clemmons, Shoopman, Toole and 
G.R.Smith
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-3-750 SO AS TO DEFINE CERTAIN TERMS FOR PURPOSES OF THE SECTION AND TO
 PROVIDE AN ENHANCED PENALTY FOR PERSONS AFFILIATED WITH A SCHOOL IN AN
 OFFICIAL CAPACITY WHO COMMIT CERTAIN DELINEATED CRIMINAL SEXUAL CONDUCT,
 EXPLOITATION OF A MINOR, OR KIDNAPPING OFFENSES AGAINST A STUDENT.
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   03/14/07  House  Introduced and read first time HJ-10
   03/14/07  House  Referred to Committee on Judiciary HJ-10
   03/15/07  House  Member(s) request name added as sponsor: Duncan
   05/17/07  House  Member(s) request name added as sponsor: Mahaffey
   01/30/08  House  Committee report: Favorable with amendment
                     Judiciary HJ-6
   01/31/08  House  Member(s) request name added as sponsor:
                     Clemmons, Shoopman, Toole, G.R.Smith
   01/31/08  House  Amended HJ-47
   01/31/08  House  Read second time HJ-49
   01/31/08  House  Unanimous consent for third reading on next
                     legislative day HJ-49
   02/01/08  House  Read third time and sent to Senate HJ-3
   02/05/08  Senate Introduced and read first time SJ-15
   02/05/08  Senate Referred to Committee on Judiciary SJ-15
   02/11/08  Senate Referred to Subcommittee:  Hawkins (ch), Sheheen,
                     Lourie, Vaughn
   05/14/08  Senate Committee report: Favorable with amendment
                     Judiciary SJ-5
   05/15/08         Scrivener's error corrected
   05/28/08  Senate Committee Amendment Amended and Adopted SJ-67
   05/28/08  Senate Amended SJ-67
   05/28/08  Senate Read second time SJ-67
   06/03/08  Senate Amended SJ-25
   06/03/08  Senate Read third time and returned to House with
                     amendments SJ-25
   06/04/08  House  Non-concurrence in Senate amendment HJ-61
   06/04/08  Senate Senate insists upon amendment and conference
                     committee appointed  Hawkins, Sheheen, and
                     Massey SJ-170
   06/05/08  House  Conference committee appointed  Reps. GM Smith,
                     Talley, and Weeks HJ-81

Indicates Matter Stricken

Indicates New Matter

AS PASSED BY THE SENATE

June 3, 2008

H. 3715

Introduced by Reps. Talley, Duncan, Mahaffey, Clemmons, Shoopman, Toole and G.R. Smith

S. Printed 6/3/08--S.

Read the first time February 5, 2008.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750 SO AS TO DEFINE CERTAIN TERMS FOR PURPOSES OF THE SECTION AND TO PROVIDE AN ENHANCED PENALTY FOR PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO COMMIT CERTAIN DELINEATED CRIMINAL SEXUAL CONDUCT, EXPLOITATION OF A MINOR, OR KIDNAPPING OFFENSES AGAINST A STUDENT.

Amend Title To Conform

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

SECTION    1.    Article 7, Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-750.    (A)    For purposes of this section:

(1)    'Aggravated coercion' means that the person affiliated with a public or private secondary school in an official capacity threatens to use force or violence of a high and aggravated nature to overcome the student, if the student reasonably believes that the person has the present ability to carry out the threat, or threatens to retaliate in the future by the infliction of physical harm, kidnapping, or extortion, under circumstances of aggravation, against the student.

(2)    'Aggravated force' means that the person affiliated with a public or private secondary school in an official capacity uses physical force or physical violence of a high and aggravated nature to overcome the student or includes the threat of the use of a deadly weapon.

(3)    'Person affiliated with a public or private secondary school in an official capacity' means an administrator, teacher, substitute teacher, teacher's assistant, student teacher, law enforcement officer, school bus driver, guidance counselor, or coach who is affiliated with a public or private secondary school but is not a student enrolled in the school.

(4)    'Secondary school' means either a junior high school or a high school.

(5)    'Sexual battery' means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes.

(6)    'Student' means a person who is enrolled in a school.

(B)    If a person affiliated with a public or private secondary school in an official capacity engages in sexual battery with a student enrolled in the school who is sixteen or seventeen years of age and aggravated coercion or aggravated force is not used to accomplish the sexual battery, the person affiliated with the public or private secondary school in an official capacity is guilty of a felony and, upon conviction, must be imprisoned for not more than five years.

(C)    If a person affiliated with a public or private secondary school in an official capacity engages in sexual battery with a student enrolled in the school who is eighteen years of age or older and aggravated coercion or aggravated force is not used to accomplish the sexual battery, the person affiliated with the public or private secondary school in an official capacity is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for thirty days, or both.

(D)    This section does not apply if the person affiliated with a public or private secondary school in an official capacity is lawfully married to the student at the time of the act."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

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