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Current Status Bill Number:View additional legislative information at the LPITS web site.841 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990520 Primary Sponsor:Reese All Sponsors:Reese and Thomas Drafted Document Number:l:\council\bills\ggs\22349cm99.doc Residing Body:Senate Current Committee:Education Committee 04 SED Subject:Firearms, weapons, students bringing to school district to undergo evaluation in detention facility History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990520 Introduced, read first time, 04 SED referred to Committee Versions of This Bill
TO AMEND SECTION 59-63-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPULSION OF A STUDENT WHO BRINGS A FIREARM TO SCHOOL, SO AS TO REQUIRE THE STUDENT TO BE TAKEN INTO CUSTODY IMMEDIATELY AND DETAINED IN A SECURE JUVENILE DETENTION FACILITY AND TO UNDERGO EVALUATIONS CONDUCTED BY THE DEPARTMENT OF JUVENILE JUSTICE AND THE DEPARTMENT OF MENTAL HEALTH.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-63-235 of the 1976 Code, as added by Act 39 of 1995, is amended to read:
"Section 59-63-235. The district board must expel for no less than one year a student who is determined to have brought a firearm to a school or any setting under the jurisdiction of a local board of trustees. Before the student is released, the incident must be reported to law enforcement who immediately must take the student into custody. The student may not be released pursuant to Section 20-7-7205(A) and must be detained in a secure juvenile detention facility as provided for in Section 20-7-7210, must undergo evaluation as required by Section 20-7-7215, and must undergo a ten-day mental health evaluation conducted by the Department of Mental Health under the supervision of the Department of Juvenile Justice. The expulsion must follow the procedures established pursuant to Section 59-63-240. The one-year expulsion is subject to modification by the district superintendent of education on a case-by-case basis. Students expelled pursuant to this section are not precluded from receiving educational services in an alternative setting. Each local board of trustees is to establish a policy which requires the student to be referred to the local county office of the Department of Juvenile Justice or its representative."
SECTION 2. This act takes effect upon approval by the Governor.
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