South Carolina General Assembly
112th Session, 1997-1998

Bill 4631


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       4631
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19980217
Primary Sponsor:                   Fleming
All Sponsors:                      Fleming, Seithel, Martin,
                                   Simrill, Davenport, Klauber, Hinson,
                                   Bauer, Sharpe, Sandifer, McMaster,
                                   Barfield, Barrett, R. Smith
Drafted Document Number:           gjk\21033dc.98
Residing Body:                     Senate
Date of Last Amendment:            19980407
Subject:                           School crimes, monitoring by
                                   Attorney General; School Safety Act
                                   of 1998; school resource officers,
                                   Law Enforcement



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19980528  Committee report: Favorable with         11 SJ
                  amendment
Senate  19980414  Introduced, read first time,             11 SJ
                  referred to Committee
House   19980408  Read third time, sent to Senate
House   19980407  Amended, read second time
House   19980407  Co-Sponsor added (Rule 5.2) by Rep.              Hinson
House   19980407  Co-Sponsor added (Rule 5.2) by Rep.              Bauer
House   19980407  Co-Sponsor added (Rule 5.2) by Rep.              Sharpe
House   19980407  Co-Sponsor added (Rule 5.2) by Rep.              Sandifer
House   19980407  Co-Sponsor added (Rule 5.2) by Rep.              McMaster
House   19980407  Co-Sponsor added (Rule 5.2) by Rep.              Barfield
House   19980407  Co-Sponsor added (Rule 5.2) by Rep.              Barrett
House   19980407  Co-Sponsor added (Rule 5.2) by Rep.              R. Smith
House   19980401  Committee report: Favorable with         25 HJ
                  amendment
House   19980401  Co-Sponsor added (Rule 5.2) by Rep.              Klauber
House   19980217  Introduced, read first time,             25 HJ
                  referred to Committee


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Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

May 28, 1998

H. 4631

Introduced by Reps. Fleming, Seithel, Martin, Simrill, Davenport, Klauber, Hinson, Bauer, Sharpe, Sandifer, McMaster, Barfield, Barrett and R. Smith

S. Printed 5/28/98--S.

Read the first time April 14, 1998.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4631), to enact the "South Carolina School Safety Act of 1998" including provisions to amend the Code of Laws of South Carolina, 1976, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION 1. This act is known and may be cited as the "South Carolina School Safety Act of 1998".

SECTION 2. The 1976 Code is amended by adding:

"Section 5-7-12. (A) The governing body of a municipality or county may upon the request of any other governing body or of any other political subdivision of the State, including school districts, designate certain officers to be assigned to the duty of a school resource officer and to work within the school systems of the municipality or county. The person assigned as a school resource officer shall have statewide jurisdiction to arrest persons committing crimes in connection with a school activity or school-sponsored event. When acting pursuant to this section and outside of the sworn municipality or county of the school resource officer, the officer shall enjoy all authority, rights, privileges, and immunities, including coverage under the workers' compensation laws that he would have enjoyed if operating in his sworn jurisdiction.

(B) For purposes of this section, a 'school resource officer' is defined as a person who is a sworn law enforcement officer pursuant to the requirements of any jurisdiction of this State, who has completed the basic course of instruction for School Resource Officers as provided or recognized by the National Association of School Resource Officers or the South Carolina Criminal Justice Academy, and who is assigned to one or more school districts within this State to have as a primary duty the responsibility to act as a law enforcement officer, advisor, and teacher for that school district."

SECTION 3. The 1976 Code is amended by adding:

"Section 59-63-335. Failure of a school administrator to report criminal conduct as set forth in Section 59-24-60 or failure to report information concerning school-related crime pursuant to Section 59-63-330 shall subject the administrator and the school district to liability for payment of a party's attorney's fees and the costs associated with an action to seek a writ of mandamus to compel the administrator and school district to comply with Section 59-24-60 or 59-63-330."

SECTION 4. Section 59-63-360 of the 1976 Code, as added by Act 324 of 1996, is amended to read:

"Section 59-63-360. The Attorney General shall monitor all reported school crimes. The Attorney General or his designee may represent the local school district when the a criminal case is appealed to an appellate court of competent jurisdiction."

SECTION 5. Section 59-63-370 of the 1976 Code, as added by Act 80 of 1997, is amended to read:

"Section 59-63-370. Notwithstanding any other provision of law:

(1) When a student who is convicted of or adjudicated delinquent for assault and battery against school personnel, as defined in Section 16-3-612, assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, or a violent offense as defined in Section 16-1-60, an offense in which a weapon as defined in Section 59-63-375 was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44 is assigned to the Department of Juvenile Justice, the Department of Corrections, or to the Department of Probation, Parole and Pardon Services, that agency is required to provide immediate notice of the student's conviction or adjudication to the senior administrator of the school in which the student is enrolled, or intends to be enrolled, or was last enrolled. These agencies are authorized to request information concerning school enrollment from the students a student convicted of or adjudicated delinquent for assault and battery against school personnel or a violent an offense listed in this item.

(2) When a student convicted of or adjudicated delinquent for assault and battery against school personnel or assault and battery of a high and aggravated nature against school personnel an offense listed in item (1) of this section is not sentenced to incarceration or probation, the presiding judge shall as part of his sentence order the clerk of the municipal, magistrate, or general sessions court to provide, within ten days, notification of the student's sentence to the appropriate school district for inclusion in the student's permanent record. If the student is under the jurisdiction of the family court and is not referred to the Department of Juvenile Justice, the prosecuting agency must provide notification within ten days to the appropriate school district.

(3) An administrator notified pursuant to this section is required to notify each teacher or instructor in whose class the student is enrolled of a student's conviction of or adjudication for assault and battery against school personnel, assault and battery of a high and aggravated nature against school personnel, or a violent crime as defined in Section 16-1-60 an offense listed in item (1) of this section. This notification must be made to the appropriate teachers or instructors every year the student is enrolled in school.

(4) If a student is convicted of or adjudicated delinquent for assault and battery against school personnel, assault and battery of a high and aggravated nature against school personnel, or a violent crime as defined in Section 16-1-60, an offense listed in item (1) of this section, information concerning the conviction or adjudication and sentencing must be placed in the student's permanent school record and must be forwarded with the student's permanent school records if the student transfers to another school or school district.

A 'weapon', as used in this section, means a firearm, knife with a blade-length of over two inches, dirk, razor, metal knuckles, slingshot, bludgeon, or any other deadly instrument used for the infliction of bodily harm or death."

SECTION 6. Section 20-7-8505 of the 1976 Code, as added by Act 383 of 1996, is further amended to read:

"Section 20-7-8505. Records and information of the department pertaining to juveniles shall be confidential as provided in Section 20-7-8510; provided, however, that where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit such information and records to another department or agency of state or local government, a school district, or a private institution or facility licensed by the State as a child-serving organization, where such is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. Records and information provided to a public or private school by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole and Pardon Services must include in the case of an individual who has been adjudicated for having committed a violent crime as defined in Section 16-1-60, for a crime in which a weapon as defined in Section 59-63-370 was used, for assault and battery against school personnel, as defined in Section 16-3-612, assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, a copy of and, if requested, information pertaining to that person's juvenile criminal record notice as set forth in Section 59-63-370. The person's juvenile criminal record must be provided by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole and Pardon Services to the principal of the school which the juvenile is eligible to attend immediately upon the person's release from the Department of Juvenile Justice. The person's juvenile criminal record must be provided by the Department of Juvenile Justice to the principal of any school to which the person is seeking enrollment, upon the principal's request. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as deemed necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age."

SECTION 7. Section 16-23-430 of the 1976 Code is amended to read:

"Section 16-23-430. (1) It shall be is unlawful for any person, except State state, county or municipal law enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, onto any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution 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 8. Title 16 of the 1976 Code is amended by adding:

"Chapter 24

Children's Firearm Accident Prevention Act of 1998

Section 16-24-10. This act may be cited as the `Children's Firearm Accident Prevention Act of 1998'.

Section 16-24-20. As used in this article:

(1) 'Trigger-locking device' means a device which prevents a firearm from functioning and which, when applied to the weapon, renders the weapon inoperable.

(2) 'Loaded firearm' means a firearm which has an unexpended cartridge or shell, consisting of a case which holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip of it attached to the firearm. A muzzle-loader firearm is considered to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.

(3) 'Child' means a person under eighteen years of age.

(4) 'Locked container' means a secure container which is fully enclosed and locked by a padlock key, lock, combination lock, or similar locking device. The term includes the locked utility or glove compartment of a motor vehicle.

Section 16-24-30. (A) Except as provided in Section 16-24-40, a person who keeps a loaded firearm on premises which are under his custody or control where he knows or reasonably should know that a child is likely to gain access to the firearm without the supervision of the person who has custody or control of the premises must store the loaded firearm in a locked container.

(1) If the firearm is not stored in a locked container and the child obtains access to the firearm and causes death to himself, herself, or any other person, the person is guilty of criminal storage of a firearm in the first degree.

(2) If the firearm is not stored in a locked container and the child obtains access to the firearm and causes injury to himself, herself, or any other person or causes the firearm to discharge, but death does not occur, he is guilty of criminal storage of a firearm in the second degree.

(B) (1) A person who violates subsection (A)(1) is guilty of criminal storage of a firearm in the first degree and, upon conviction, must be imprisoned for not more than three years or fined not more than two thousand dollars, or both.

(2) A person who violates subsection (A)(2) is guilty of criminal storage of a firearm in the second degree and, upon conviction, must be imprisoned for not more than one year or fined not more than one thousand dollars, or both.

Section 16-24-40. This chapter does not apply whenever any of the following occurs:

(1) the child obtains the firearm as a result of an illegal entry to any premises by any person;

(2) the firearm is kept in a locked container or in a location which a reasonable person would believe to be secure;

(3) the firearm is carried on the person so that it can be readily retrieved;

(4) the firearm is equipped with a trigger-locking device and the device is on;

(5) the person is a law enforcement officer or a member of the armed forces or national guard and the child obtains the firearm during, or incidental to, the performance of the person's duties;

(6) the child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person or persons; or

(7) a person who keeps a loaded firearm on any premises which are under his custody or control and has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.

Section 16-24-50. (A) If a person who violates this chapter is related within the third degree of consanguinity to a child who is injured or who dies as the result of an accidental shooting, the solicitor prosecuting the violation shall consider the impact of the injury or death on that person when deciding whether to prosecute that person for the violation.

(B) This article may not otherwise restrict, in any manner, the factors that a solicitor may consider when deciding whether to prosecute a person who violates this chapter.

Section 16-24-60. (A) If a person who violates this chapter is related within the third degree of consanguinity to a child who is injured or who dies as the result of an accidental shooting, the arrest of the person for the violation of this chapter shall not occur until at least seven days after the date upon which the accidental shooting occurred.

(B) In addition to the limitation contained in subsection (A), if the person to be arrested for violating this chapter is related within the third degree of consanguinity to a child who suffers serious bodily injury as a result of an accidental shooting, a law enforcement officer shall consider the health status of the injured child before arresting the person for violating this chapter.

Section 16-24-70. (A) Upon the retail sale or transfer of a firearm, the seller shall deliver a written warning to the purchaser that states, in block letters not less than one-fourth inch in height:

`IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR ANY PERSON TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A CHILD UNDER THE AGE OF EIGHTEEN'.

(B) A retail dealer who sells firearms shall conspicuously post at each purchase counter the following warning in block letters not less than one inch in height:

`IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A CHILD UNDER THE AGE OF EIGHTEEN'.

(C) A person who knowingly violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars."

SECTION 9. This act takes effect upon approval by the Governor./

Amend title to conform.

GLENN F. McCONNELL, for Committee.

A BILL

TO ENACT THE "SOUTH CAROLINA SCHOOL SAFETY ACT OF 1998" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-7-12 SO AS TO PROVIDE FOR DESIGNATION AND ASSIGNMENT OF SCHOOL RESOURCE OFFICERS BY THE GOVERNING BODIES OF CERTAIN POLITICAL SUBDIVISIONS, INCLUDING SCHOOL DISTRICTS, TO WORK WITHIN THE SCHOOL SYSTEMS OF MUNICIPALITIES OR COUNTIES, AND TO DEFINE A SCHOOL RESOURCE OFFICER; BY ADDING SECTION 59-63-335 SO AS TO PROVIDE FOR PAYMENT OF A PARTY'S ATTORNEY'S FEES UPON FAILURE OF A SCHOOL ADMINISTRATOR TO REPORT CERTAIN CRIMINAL CONDUCT; TO AMEND SECTION 59-63-360, RELATING TO THE ATTORNEY GENERAL MONITORING SCHOOL CRIMES, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL OR HIS DESIGNEE MAY REPRESENT THE LOCAL SCHOOL DISTRICT WHEN A CRIMINAL CASE INVOLVING SCHOOL CRIME IS APPEALED TO AN APPELLATE COURT OF COMPETENT JURISDICTION; TO AMEND SECTION 59-63-370, RELATING TO STUDENT CONVICTION OR DELINQUENCY ADJUDICATION FOR CERTAIN OFFENSES, SO AS TO INCLUDE WEAPONS OFFENSES FOR PURPOSES OF NOTIFICATION OF THE SENIOR ADMINISTRATOR AT THE STUDENT'S SCHOOL AND PLACEMENT OF INFORMATION IN PERMANENT SCHOOL RECORDS; BY ADDING SECTION 59-63-375 SO AS TO DEFINE A WEAPON FOR PURPOSES OF SECTION 59-63-370.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. This act is known and may be cited as the "South Carolina School Safety Act of 1998".

SECTION 2. The 1976 Code is amended by adding:

"Section 5-7-12. (A) The governing body of a municipality or county may upon the request of another governing body or of any other political subdivision of the State, including school districts, designate certain officers to be assigned to the duty of a school resource officer and to work within the school systems of the municipality or county. The person assigned as a school resource officer shall have statewide jurisdiction to arrest persons committing crimes in connection with a school activity or school-sponsored event. When acting pursuant to this section and outside of the sworn municipality or county of the school resource officer, this officer shall enjoy all authority, rights, privileges, and immunities, including coverage under the workers' compensation laws that he would have enjoyed if operating in his sworn jurisdiction.

(B) For purposes of this section, a school resource officer is defined as a person who is a sworn law enforcement officer pursuant to the requirements of any jurisdiction of this State, who has completed the basic course of instruction for School Resource Officers as provided or recognized by the National Association of School Resource Officers or the South Carolina Criminal Justice Academy and who is assigned to one or more school districts within this State to have as a primary duty the responsibility to act as a law enforcement officer, advisor, and teacher for that school district."

SECTION 3. The 1976 Code is amended by adding:

"Section 59-63-335. Failure of a school administrator to report criminal conduct as set forth in Section 59-24-60 which he knows to be occurring or fails to report information concerning school-related crime pursuant to Section 59-63-330 shall subject the administrator and the school district to liability to pay a party's attorney's fees and the costs associated with an action to seek a writ of mandamus to compel the administrator and school district to comply with Section 59-24-60 or 59-63-330."

SECTION 4. Section 59-63-360 of the 1976 Code, as added by Act 324 of 1996, is amended to read:

"Section 59-63-360. The Attorney General shall monitor all reported school crimes. The Attorney General or his designee may represent the local school district when the a criminal case is appealed to an appellate court of competent jurisdiction."

SECTION 5. Section 59-63-370 of the 1976 Code, as added by Act 80 of 1997, is amended to read:

"Section 59-63-370. Notwithstanding any other provision of law:

(1) When a student who is convicted of or adjudicated delinquent for assault and battery against school personnel, as defined in Section 16-3-612, assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, or a violent offense defined in Section 16-1-60, an offense in which a weapon as defined in Section 59-63-375 was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, of Title 44, is assigned to the Department of Juvenile Justice, the Department of Corrections, or to the Department of Probation, Parole and Pardon Services, that agency is required to provide immediate notice of the student's conviction or adjudication to the senior administrator of the school in which the student is enrolled or intends to be was last enrolled. These agencies are authorized to request information concerning school enrollment from the students convicted of or adjudicated delinquent for assault and battery against school personnel or a violent offense a crime listed in this item.

(2) When a student convicted of or adjudicated delinquent for assault and battery against school personnel or assault and battery of a high and aggravated nature against school personnel a crime listed in item (1) of this section is not sentenced to incarceration or probation, the presiding judge shall as part of his sentence order the clerk of the municipal, magistrate, or general sessions court to provide, within ten days, notification of the student's sentence to the appropriate school district for inclusion in the student's permanent record. If the student is under the jurisdiction of the family court and is not referred to the Department of Juvenile Justice, the prosecuting agency must provide notification within ten days to the appropriate school district.

(3) An administrator notified pursuant to this section is required to notify each teacher or instructor in whose class the student is enrolled of a student's conviction of or adjudication for assault and battery against school personnel, assault and battery of a high and aggravated nature against school personnel, or a violent crime as defined in Section 16-1-60 a crime listed in item (1) of this section. This notification must be made to the appropriate teachers or instructors every year the student is enrolled in school.

(4) If a student is convicted of or adjudicated delinquent for assault and battery against school personnel, assault and battery of a high and aggravated nature against school personnel, or a violent crime as defined in Section 16-1-60, a crime listed in item (1) of this section, information concerning the conviction or adjudication and sentencing must be placed in the student's permanent school record and must be forwarded with the student's permanent school records if the student transfers to another school or school district."

SECTION 6. Article 4, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-375. A weapon, as this term is used in Section 59-63-370, is defined as any firearm, knife with a blade-length of over two inches, dirk, razor, metal knuckles, slingshot, bludgeon, or any other deadly instrument used for the infliction of bodily harm."

SECTION 7. Section 20-7-8505 of the 1976 Code, as added by Act 383 of 1996, is further amended to read:

"Section 20-7-8505. Records and information of the department pertaining to juveniles shall be confidential as provided in Section 20-7-8510; provided, however, that where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit such information and records to another department or agency of state or local government, a school district, or a private institution or facility licensed by the State as a child-serving organization, where such is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. Records and information provided to a public or private school by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole and Pardon Services must include in the case of an individual who has been adjudicated for having committed a violent crime as defined in Section 16-1-60, for a crime in which a weapon as defined in Section 59-63-375 was used, for assault and battery against school personnel, as defined in Section 16-3-612, assault and battery of a high and aggravated nature committed on school grounds or at a school sponsored event against any person affiliated with the school in an official capacity, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, a copy of and, if requested, information pertaining to that person's juvenile criminal record notice as set forth in Section 59-63-370. The person's juvenile criminal record must be provided by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole and Pardon Services to the principal of the school which the juvenile is eligible to attend immediately upon the person's release from the Department of Juvenile Justice. The person's juvenile criminal record must be provided by the Department of Juvenile Justice to the principal of any school to which the person is seeking enrollment, upon the principal's request. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as deemed necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age."

SECTION 8. This act takes effect upon approval by the Governor.

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