Current Status Introducing Body:House Bill Number:3965 Primary Sponsor:Baxley Committee Number:25 Type of Legislation:GB Subject:Students, possession of weapon Residing Body:House Computer Document Number:DKA/4529AL.93 Introduced Date:19930414 Last History Body:House Last History Date:19930428 Last History Type:Referred to Committee Scope of Legislation:Statewide All Sponsors:Baxley Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
3965 House 19930428 Referred to Committee 25
3965 House 19930428 Recalled from Committee 21
3965 House 19930414 Introduced, read first time, 21
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-295 SO AS TO PROHIBIT THE POSSESSION OF A WEAPON BY A STUDENT ON SCHOOL PROPERTY, TO PROVIDE ADMINISTRATIVE PENALTIES, TO PROVIDE FOR TAKING THE STUDENT INTO CUSTODY AND A FAMILY COURT HEARING, AND TO PROVIDE CRIMINAL PENALTIES FOR THE STUDENT AND THE PARENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 59-63-295. (A) For purposes of this section, `weapon' means a firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a knife, a blackjack, a metal pipe or pole, or any other type of device or object which may used to inflict bodily injury or death.
(B) A student in the public school may not possess a weapon while on school property or while attending a school sponsored or school related activity on or off school property.
(C) The board of trustees of each school district shall include the prohibition in this section in the district's written standards of student conduct. In addition to other penalties provided by law, a student who violates the provisions of this section is subject to discipline as provided by board policy.
(D) A person who discovers a student in possession of a weapon in violation of this section shall report the violation to the appropriate school administrator, as determined by school policy, who shall order a law enforcement officer or appropriate school employee to confiscate the weapon.
(E) The student must be taken into custody by a law enforcement officer pursuant to Section 20-7-600. A hearing must be scheduled before the Family Court within forty-eight hours after the student has been taken into custody. At the hearing the court shall determine whether the student is guilty of possessing a weapon in violation of this section.
(F) A student who is found guilty of violating this section must be sentenced to a juvenile detention facility for not less than thirty days. If the court determines that the student was in possession of a weapon under the custody or control of the parent, it may fine the parent or impose community service upon the parent."
SECTION 2. This act takes effect upon approval by the Governor.