Current Status Bill Number:8 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Giese All Sponsors:Giese, Rose, Wilson Drafted Document Number:DKA\3462CM.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Crime committed against child by school employee
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19940919 Prefiled, referred to Committee 11 SJ
View additional legislative information at the LPITS web site.
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, AND TO PROVIDE FOR INVESTIGATION, PROSECUTION, AND LIMITATION ON EMPLOYMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-615. (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 against a child as stated 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' means 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 has been committed against the child as contained in subsection (A).
(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. Good faith is a rebuttable presumption.
(E)(1) 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.
(2) 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.
(F) For purposes of this section, criminal offenses include offenses recognized in the statutory or common law of this State. Nothing in Chapter 7 of Title 20 limits an investigation by law enforcement authorities pursuant to this section or limits a circuit solicitor in prosecuting related cases."
SECTION 2. This act takes effect upon approval by the Governor.