Current Status Bill Number:953 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960109 Primary Sponsor:Jackson All Sponsors:Jackson, Passailaigue, Elliott Drafted Document Number:RES9801.DJ Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Criminal background check for DSS employees
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960220 Committed to Committee 11 SJ
Senate 19960220 Recalled from Committee 08 SG
Senate 19960109 Introduced, read first time, 08 SG
referred to Committee
Senate 19951107 Prefiled, referred to Committee 08 SG
View additional legislative information at the LPITS web site.
TO AMEND SECTION 20-7-3097, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL BACKGROUND CHECKS FOR EMPLOYEES AND PROSPECTIVE EMPLOYEES OF THE DEPARTMENT OF SOCIAL SERVICES' DAYCARE LICENSING AND CHILD PROTECTIVE SERVICES DIVISIONS, SO AS TO PROVIDE THAT A PERSON MAY BE EMPLOYED PROVISIONALLY FOR A PERIOD NOT TO EXCEED ONE HUNDRED-TWENTY DAYS, PROVIDED THAT THE PERSON AFFIRMS IN WRITING THAT THEY HAVE NOT BEEN CONVICTED OF ANY OF THE CRIMES PROVIDED BY THIS SECTION.
SECTION 1. Section 20-7-3097, as added by Act 54 of 1995, is further amended to read:
"Section 20-7-3097. (A) Before the Department of Social Services employs a person in its day care licensing or child protective services divisions the person shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. No person may be employed in these divisions if the person has been convicted of or pled guilty or nolo contendere to:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(B) Notwithstanding subsection (A) or any other provision of law, a person may be provisionally employed in the day care licensing or child protective services divisions for a period not to exceed one hundred-twenty days, provided that the person affirms in writing that they have not been convicted of any of the crimes provided by this section.
(C) A person who has been convicted of one of the crimes listed in this section who applies for employment with, or who is employed by, the daycare licensing or child protective services divisions is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."
SECTION 2. This act takes effect upon approval by the Governor.