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Bill 3400

                    Current Status

Bill Number:                      3400
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990128
Primary Sponsor:                  Robinson
All Sponsors:                     Robinson, Easterday, Kelley, Sandifer, 
                                  Battle, Littlejohn, Fleming, Trotter, Simrill, 
                                  D. Smith, Haskins, Vaughn, Miller, Law, Leach, 
                                  Barrett, Harrison
Drafted Document Number:          l:\council\bills\nbd\11112sd99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Sex criminal offenses involving minors, 
                                  offender not to enter school district building 
                                  or grounds; Crimes


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990128  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-455 SO AS TO PROVIDE THAT NO PERSON WHO HAS BEEN CONVICTED OF OR PLED GUILTY OR NOLO CONTENDERE TO CERTAIN SPECIFIED CRIMINAL OFFENSES INVOLVING MINORS MAY ENTER THE GROUNDS OR BUILDINGS OF AN ELEMENTARY OR SECONDARY SCHOOL OR COME WITHIN A ONE HUNDRED-YARD RADIUS OF THE SCHOOL EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 16-15-455. (A) No person who has been convicted of or pled guilty or nolo contendere to an offense enumerated in subsection (B) may enter the grounds or buildings of an elementary or secondary school of this State or come within a one hundred-yard radius of the school without the written permission of the school principal or other person in charge of the school. Permission to enter the school grounds, buildings, or prohibited zones must be given for legitimate purposes to include delivering or picking up a child or ward of the offender from school, attending parent/teacher conferences or similar meetings involving a child or ward of the offender, or attending sporting events or extracurricular activities in which the child or ward of the offender is participating. In granting this permission, the school principal or person in charge of the school may attach reasonable conditions thereto.

(B) The provisions of subsection (A) apply to any person who has been convicted of or who has pled guilty or nolo contendere to:

(1) criminal sexual conduct with minors, first degree (Section 16-3-655(1));

(2) engaging a child for sexual performance (Section 16-3-810);

(3) producing, directing, or promoting sexual performance by a child (Section 16-3-820);

(4) committing or attempting lewd act upon a child under sixteen (Section 16-15-140);

(5) other violations of Article 3, Chapter 15 of Title 16 involving a minor which violations are felonies.

(C) A person violating the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both."

SECTION 2. This act takes effect upon approval by the Governor.

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