S*0107(Rat #0339, Act #0265 of 2010)  General Bill, By Ryberg, Bryant, Massey, 
Peeler, L. Martin and Alexander
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-3-755 SO AS TO DEFINE NECESSARY TERMS, CREATE LEVELS OF SEXUAL BATTERY WITH
 A STUDENT OFFENSES, PROVIDE PENALTIES, AND PROVIDE AN EXCEPTION FOR PERSONS
 LAWFULLY MARRIED. - ratified title

   12/10/08  Senate Prefiled
   12/10/08  Senate Referred to Committee on Judiciary
   01/13/09  Senate Introduced and read first time SJ-120
   01/13/09  Senate Referred to Committee on Judiciary SJ-120
   01/23/09  Senate Referred to Subcommittee: Hutto (ch), Rose, Shoopman
   03/11/09  Senate Committee report: Favorable with amendment
                     Judiciary SJ-8
   03/24/09  Senate Special order, set for March 24, 2009 SJ-37
   03/25/09  Senate Committee Amendment Amended and Adopted SJ-97
   03/25/09  Senate Amended SJ-97
   03/25/09  Senate Read second time SJ-97
   03/25/09  Senate Unanimous consent for third reading on next
                     legislative day SJ-97
   03/26/09  Senate Read third time and sent to House SJ-27
   03/31/09  House  Introduced and read first time HJ-24
   03/31/09  House  Referred to Committee on Judiciary HJ-24
   05/20/10  House  Committee report: Favorable with amendment
                     Judiciary HJ-2
   05/25/10  House  Amended HJ-44
   05/25/10  House  Read second time HJ-44
   05/26/10  House  Debate adjourned until Thursday, May 27, 2010 HJ-16
   05/27/10  House  Read third time and returned to Senate with
                     amendments HJ-32
   06/01/10  Senate House amendment amended SJ-155
   06/01/10  Senate Returned to House with amendments SJ-155
   06/03/10  House  Non-concurrence in Senate amendment HJ-77
   06/03/10  House  Roll call Yeas-1  Nays-86 HJ-77
   06/15/10  Senate Senate insists upon amendment and conference
                     committee appointed Hutto, Rose, and Shoopman SJ-67
   06/15/10  House  Conference committee appointed Reps. TR Young,
                     Cole, and Jennings HJ-94
   06/16/10  Senate Conference report received and adopted SJ-174
   06/16/10  House  Conference report received and adopted HJ-371
   06/16/10  House  Roll call Yeas-107  Nays-0 HJ-371
   06/16/10  House  Ordered enrolled for ratification HJ-375
   06/21/10         Ratified R 339
   06/24/10         Signed By Governor
   07/01/10         Effective date 06/24/10
   07/08/10         Act No. 265

(A265, R339, S107)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-755 SO AS TO DEFINE NECESSARY TERMS, CREATE LEVELS OF SEXUAL BATTERY WITH A STUDENT OFFENSES, PROVIDE PENALTIES, AND PROVIDE AN EXCEPTION FOR PERSONS LAWFULLY MARRIED.

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

Sexual battery with a student

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

"Section 16-3-755.        (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)    If a person affiliated with a public or private secondary school in an official capacity has direct supervisory authority over a student enrolled in the school who is eighteen years of age or older, and the person affiliated with the public or private secondary school in an official capacity engages in sexual battery with the student, 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.

(E)    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."

Savings clause

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.

Severability clause

SECTION    3.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Time effective

SECTION    4.    This act takes effect upon approval by the Governor.

Ratified the 21st day of June, 2010.

Approved the 24th day of June, 2010.