Current Status Introducing Body:Senate Bill Number:980 Primary Sponsor:Courson Committee Number:11 Type of Legislation:GB Subject:Weapons on school property Residing Body:Senate Computer Document Number:980 Introduced Date:19940111 Last History Body:Senate Last History Date:19940118 Last History Type:Referred to Committee Scope of Legislation:Statewide All Sponsors:Courson Giese Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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980 Senate 19940118 Referred to Committee 11
980 Senate 19940118 Recalled from Committee 04
980 Senate 19940111 Introduced, read first time, 04
referred to Committee
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TO AMEND SECTION 16-23-430 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO EXTEND THE PROHIBITION TO THE USE OR THREATENED USE OF WEAPONS, AND TO AMEND SECTION 20-7-600, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO PROVIDE THAT JUVENILES CHARGED WITH VIOLATION OF SECTION 16-23-430 MAY BE HELD IN SECURE JUVENILE DETENTION FACILITIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-23-430 of the 1976 Code, as last amended by Act 194 of 1993, is further amended to read:
"Section 16-23-430. (1) It shall be unlawful for any person, except State state, county, or municipal law-enforcement officers or personnel authorized by school officials, to carry on his person or use or threaten to use, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms, or any other type of weapon, device, or object which may be used to inflict bodily injury or death.
(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 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 2. Section 20-7-600(B) of the 1976 Code is amended to read:
"(B) When a child is not released pursuant to subsection (A), the officer taking the child into custody immediately shall notify the authorized representative of the Department of Juvenile Justice, who shall respond within one hour to the location where the child is being detained. Upon responding, the authorized representative of the department shall review the facts in the officer's report or petition and any other relevant facts and determine if there is a need for detention of the child. The officer's written report must be furnished to the authorized representatives of the department and must state:
(1) the facts of the offense;
(2) the reason why the child was not released to the parent. Unless the child is to be detained, the child must be released by the authorized representative of the department to the custody of his parents or other responsible adult upon their written promise to bring the child to the court at a stated time or at a time the court may direct. However, if the offense for which the child was taken into custody is a violent crime as defined in Section 16-1-60 or a violation of 16-23-430, the child may be released only by the authorized representative of the department with the consent of the officer who took the child into custody."
SECTION 3. Section 20-7-600(F) of the 1976 Code is 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) is charged with violation of Section 16-23-430; or
(45) 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."
SECTION 4. This act takes effect upon approval by the Governor.