South Carolina General Assembly
109th Session, 1991-1992

Bill 895


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    895
Primary Sponsor:                Nell W. Smith
Committee Number:               25
Type of Legislation:            GB
Subject:                        School district employee
                                offenses
Residing Body:                  House
Current Committee:              Judiciary
Companion Bill Number:          3575
Computer Document Number:       NO5/7466.BD
Introduced Date:                Apr 17, 1991
Date of Last Amendment:         May 19, 1992
Last History Body:              House
Last History Date:              May 21, 1992
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Nell
                                W. Smith
                                Giese
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 895   House   May 21, 1992  Introduced, read first time,    25
                             referred to Committee
 895   Senate  May 20, 1992  Read third time, sent to House
 895   Senate  May 19, 1992  Amended, read second time,
                             unanimous consent for third
                             reading on Wednesday, May 20,
                             1992.
 895   Senate  May 07, 1992  Committee Report: Favorable     11
                             with amendment
 895   Senate  Apr 17, 1991  Introduced, read first time,    11
                             referred to Committee

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COMMITTEE AMENDMENT ADOPTED

May 19, 1992

S. 895

Introduced by SENATORS Nell W. Smith and Giese

S. Printed 5/19/92--S.

Read the first time April 17, 1991.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-615 SO AS TO PROVIDE FOR REPORTS OF CRIMINAL OFFENSES ALLEGED TO HAVE BEEN COMMITTED AGAINST A CHILD BY A SCHOOL DISTRICT EMPLOYEE ON SCHOOL DISTRICT PROPERTY OR DURING AN OFFICIAL SCHOOL ACTIVITY, INVESTIGATION, PROSECUTION, AND LIMITATION ON EMPLOYMENT.

Amend Title To Conform

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

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

"Section 16-3-1030. (A) Local law enforcement authorities promptly shall investigate reports of criminal offenses alleged to have been committed against a child by an employee of a private school, public school, or school district if the alleged offense occurred on private school, public school, or school district property or during an official school activity.

(B) When an investigation of a report substantiates that an offense occurred, the case promptly must be referred to the circuit solicitor for prosecution.

(C) An employee of a private school, public school, or school district or a member of a school board who has reasonable cause to believe that a criminal offense in subsection (A) has occurred must report the belief to the local law enforcement authority. For the purposes of this section, `reasonable cause to believe' is defined as a reasonable belief, based upon physical, medical, visible, or otherwise determinable evidence, including, but not limited to, scarring, bruising, other physical trauma, or a verbal indication from the child, that a criminal offense under subsection (A) has been committed against the child.

(D) A private school, public school, or school district employee or member of a school board who knowingly fails to report or a person who interferes with the making of a report is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both. A person who reports in good faith is immune from civil or criminal liability which may result from the report, and in related proceedings good faith is a rebuttable presumption.

(E) A person convicted of a criminal offense in subsection (A) may not be employed by a private school, public school, or school district unless the governing body of the private school or the local school board determines that the person is rehabilitated and does not pose a threat to the school-aged population of the district.

(F) If a person holding a South Carolina teaching credential issued by the State Board of Education is convicted of a criminal offense, resigns, or is terminated from employment for conduct in subsection (A), the chief administrator of the school or school district must report the conviction, resignation, or termination to the South Carolina State Superintendent of Education."

SECTION 2. Section 20-7-510 of the 1976 Code is amended by adding:

"(D) For the purposes of this section, `reason to believe' is defined as a reasonable belief, based upon physical, medical, visible, or otherwise determinable evidence, including, but not limited to, scarring, bruising, other physical trauma, or a verbal indication from the child, that the child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect."

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

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