Current Status Introducing Body:House Bill Number:4626 Primary Sponsor:Martin Committee Number:25 Type of Legislation:GB Subject:Metal detectors in schools Residing Body:House Computer Document Number:DKA/3150AL.94 Introduced Date:19940127 Last History Body:House Last History Date:19940209 Last History Type:Referred to Committee Scope of Legislation:Statewide All Sponsors:Martin Cromer Jennings Wofford Worley Wilkins Thomas Graham McElveen Hodges Witherspoon Baxley Delleney Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4626 House 19940209 Referred to Committee 25
4626 House 19940209 Recalled from Committee 21
4626 House 19940127 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 59-23-200 SO AS TO PROVIDE FOR METAL DETECTORS IN MIDDLE, JUNIOR HIGH, AND HIGH SCHOOLS IN THIS STATE AND PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL PROMULGATE REGULATIONS REGARDING THE INSTALLATION OF THE EQUIPMENT; TO AMEND SECTIONS 16-23-430, AS AMENDED, RELATING TO CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE PENALTY; 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JUVENILE CRIMINAL CASES TO CIRCUIT COURT, SO AS TO PROVIDE THAT CIRCUIT COURT HAS EXCLUSIVE JURISDICTION OVER A JUVENILE SIXTEEN YEARS OF AGE OR OLDER WHO IS CHARGED WITH A VIOLENT CRIME AND TO MAKE OTHER CHANGES TO CONFORM TO THIS REQUIREMENT; AND 20-7-600, AS AMENDED, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO ALLOW DETENTION IN A SECURE FACILITY OF A JUVENILE WHO HAS IN HIS POSSESSION A DEADLY WEAPON AND TO EXTEND THE DETENTION TIME WITHOUT A HEARING TO FORTY-EIGHT HOURS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 59-23-200. Metal detector security systems must be installed in all middle, junior high, and high schools in the State. The Department of Education shall promulgate regulations regarding the type of equipment, its placement, and other matters necessary to implement the provisions of this section."
SECTION 2. Section 16-23-430(2) of the 1976 Code, as last amended by Section 48, Act 184 of 1993, is further amended to read:
"(2) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one three thousand dollars or imprisoned not more than five years, or both. Any weapon or object used in violation of this section may be confiscated by the law enforcement division making the arrest."
SECTION 3. Section 20-7-430(6) of the 1976 Code, as last amended by Act 110 of 1989, is further amended to read:
"(6) Within thirty days after the filing of a petition in the family court alleging the child, under sixteen years of age, has committed the offense of murder or criminal sexual conduct, the person executing the petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against the child as a criminal rather than as a child coming within the purview of this article. The judge of the family court is authorized to determine this request. If the request is denied, the petitioner may appeal within five days to the circuit court. Upon the hearing of the appeal, the judge of the circuit court is vested with the discretion of exercising and asserting the jurisdiction of the court of general sessions or of relinquishing jurisdiction to the family court. If the circuit judge elects to exercise the jurisdiction of the general sessions court for trial of the case, he shall issue an order to that effect, and then the family court has no further jurisdiction in the matter."
SECTION 4. Section 20-7-430 of the 1976 Code, as last amended by Act 579 of 1990, is further amended by adding:
"(10) Notwithstanding other provisions of this section, if a child sixteen years of age or older is charged with a violent crime as defined in Section 16-1-60, the circuit court has exclusive jurisdiction."
SECTION 5. Section 20-7-600(F) and (H) of the 1976 Code, as last amended by Section 282, Act 181 of 1993, is further amended to read:
"(F) When the authorized representative of the Department of Juvenile Justice determines that placement of a juvenile outside the home is necessary, he shall make a diligent effort to place the child in an approved home, program, or facility, other than a secure juvenile detention facility, when these alternatives are appropriate and available. A child is eligible for detention in a secure juvenile detention facility only if the child:
(1) is charged with a violent crime as defined in Section 16-1-60;
(2) is charged with a crime which, if committed by an adult, would be a felony other than a violent crime, and the child:
(a) is already detained or on probation or conditional release in connection with another delinquency proceeding;
(b) has a demonstrable recent record of wilful failures to appear at court proceedings;
(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or
(d) has a demonstrable recent record of adjudications for other felonies; and:
(i) there is clear and convincing evidence to establish a risk of flight, or serious harm to others; or
(ii) the instant offense involved the use of a firearm;
(3) is a fugitive from another jurisdiction;
(4) requests protection in writing under circumstances that present an immediate threat of serious physical injury. A child who meets the criteria provided in this subsection is eligible for detention. Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program.;
(5) has in his possession a deadly weapon.
(H) If the authorized representative of the Department of Juvenile Justice has not released the child to the custody of his parents or other responsible adult, the court shall hold a detention hearing within twenty-four forty-eight hours from the time the child was taken into custody, excluding Saturdays, Sundays, and holidays. At this hearing, the authorized representative of the department shall submit to the court a report stating the facts surrounding the case and a recommendation as to the child's continued detention pending the adjudicatory and dispositional hearings. The court shall appoint counsel for the child if none is retained. No child may proceed without counsel in this hearing, unless the child waives the right to counsel, and then only after consulting at least once with an attorney. At the conclusion of this hearing, the court shall determine whether probable cause exists to justify the detention of the child as well as determining the appropriateness of, and need for, the child's continued detention. If continued detention of a juvenile is considered appropriate by the court and if a juvenile detention facility exists in that county which meets state and federal requirements for the secure detention of juveniles, or if that facility exists in another county with which the committing county has a contract for the secure detention of its juveniles, and if commitment of a juvenile by the court to that facility does not cause it to exceed its design and operational capacity, the family court shall order the detention of the juvenile in that facility. Periodic reviews of the detention order must be conducted in accordance with the rules of practice in a family court. However, a juvenile must not be detained in secure confinement in excess of ninety days. If the child does not qualify for detention or otherwise require continued detention under the terms of subsection (F), the child must be released to a parent, guardian, or other responsible person."
SECTION 6. This act takes effect upon approval by the Governor.