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Bill 685

                    Current Status

Bill Number:                      685
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990406
Primary Sponsor:                  Ford
All Sponsors:                     Ford
Drafted Document Number:          l:\s-jud\bills\ford\jud0050.rf.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Curfew, statewide; required for minors 
                                  under seventeen during certain hours, county 
                                  option; Crimes and Offenses


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990406  Introduced, read first time,           11 SJ
                  referred to Committee


                             Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-491, SO AS TO REQUIRE A STATEWIDE CURFEW FOR PERSONS UNDER SEVENTEEN YEARS OF AGE, TO REQUIRE THAT A PARENT, LEGAL GUARDIAN, OR DESIGNATED PARTY TWENTY-FIVE YEARS OF AGE OR OLDER MUST ACCOMPANY ANY PERSON UNDER SEVENTEEN YEARS OF AGE BETWEEN THE HOURS OF ELEVEN O'CLOCK P.M. AND SIX O'CLOCK A.M. ON THE FOLLOWING DAY, MONDAYS THROUGH THURSDAYS AND BETWEEN THE HOURS OF TWELVE O'CLOCK A.M. AND SIX O'CLOCK A.M. ON FRIDAYS THROUGH SUNDAYS, TO AUTHORIZE ANY COUNTY OF THIS STATE TO OPT OUT OF THE PROVISIONS OF THIS SECTION, AND TO PROVIDE A CIVIL PENALTY FOR VIOLATIONS.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 16-17-491. (A)(1) It is unlawful for any person under seventeen years of age to be present at or upon any public assembly, a building, place, street, or highway at the following times unless accompanied by his parent, legal guardian, or a designated party twenty-five years of age or older:

(a) between 11:00 p.m. and 6:00 a.m. on the following day, Monday through Thursday.

(b) between 12:00 a.m. and 6:00 a.m. on Friday, Saturday, and Sunday;

(2) It is unlawful for any parent or legal guardian to knowingly permit a person under seventeen years of age in his custody or control to violate item (1) of this subsection.

(3) It is unlawful for any owner, operator, or any employee of an establishment to knowingly allow a person under seventeen years of age to remain upon the premises of the establishment in violation of item (1) of this subsection.

(B) It is a defense under this chapter if the person under seventeen years of age was:

(1) in a motor vehicle, train, or bus involved in interstate travel;

(2) engaged in an employment activity or going to, or returning home from, an employment activity;

(3) involved in an emergency;

(4) on the sidewalk that abuts the minor's residence or that abuts the residence of the minor's next-door neighbor unless the neighbor complains to law enforcement about the minor's presence;

(5) in attendance at an official school, religious, or other recreational activity sponsored by the State, county, or municipality, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from an official school, religious, or other recreational activity supervised by adults and sponsored by the State, county, municipality, a civic organization, or similar entity that takes responsibility for the minor; or

(6) exercising First Amendment rights protected by the United States Constitution, including free exercise of religion, freedom of speech, and the right to assembly.

(C) It is a defense under this chapter if the owner's, operator's, or employee's establishment instructed the person under seventeen years of age to leave during curfew hours, the person refused to leave, and law enforcement was promptly notified.

(D) With respect to a person who violates items (2) or (3) of subsection (A), a violation of Section 16-17-491 is not a criminal offense, but is a violation for which a civil penalty may be imposed by the family court. The penalty shall not exceed one thousand dollars for each violation and shall be deposited into the state's general fund.

(E)(1) Notwithstanding any other provision of law, the governing body of a county by ordinance may suspend the application of the curfew provided for in subsection (A).

(2) In a county in which the county governing body has suspended application of the curfew provided for in Section 16-17-491 by ordinance, the county election commission shall place the following question on the ballot in November 2000 within ninety days before the 2000 general election. The state election laws apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum within each county and certify them to the Secretary of State. If the result of a referendum is in favor of reinstating the curfew within the county, Section 16-17-491 applies in that county after the result of the referendum is certified to the Secretary of State.

The question put before the voters shall read:

'Shall the curfew, however described, for person under seventeen years of age in South Carolina be reinstated in __________county?'"

SECTION 2. If any provision of this act or the application of these provisions to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end, the provisions of this act are severable.

SECTION 3. This act takes effect upon approval by the Governor.

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