South Carolina General Assembly
114th Session, 2001-2002

Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format

Bill 137


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      137
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010111
Primary Sponsor:                  Giese
All Sponsors:                     Giese
Drafted Document Number:          l:\council\bills\dka\4014mm01.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          School district employee committing 
                                  criminal offense against child, reports of; 
                                  investigation procedure; Minors


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20010111  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-615 SO AS TO PROVIDE FOR REPORTS OF CRIMINAL OFFENSES ALLEGED TO HAVE BEEN COMMITTED AGAINST A CHILD BY A SCHOOL DISTRICT EMPLOYEE ON SCHOOL DISTRICT PROPERTY OR DURING AN OFFICIAL SCHOOL ACTIVITY, TO PROVIDE FOR INVESTIGATION, PROSECUTION, AND LIMITATION ON EMPLOYMENT, 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 20-7-615. (A) Local law enforcement authorities shall investigate promptly reports of criminal offenses alleged to have been committed against a child by an employee of a private school, public school, or school district if the alleged offense occurred on private school, public school, or school district property or during an official school activity.

(B) When an investigation of a report substantiates that an offense occurred, the case must be referred promptly to the circuit solicitor for prosecution.

(C) An employee of a private school, public school, or school district or a member of a school board who has reasonable cause to believe that a criminal offense against a child as stated in subsection (A) has occurred shall report the belief to the local law enforcement authority. For the purposes of this section, 'reasonable cause to believe' means a reasonable belief, based upon physical, medical, visible, or otherwise determinable evidence including, but not limited to, scarring, bruising, other physical trauma, or a verbal indication from the child, that a criminal offense has been committed against the child as contained in subsection (A).

(D) A private school, public school, or school district employee or member of a school board who knowingly fails to report or a person who interferes with the making of a report is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both. A person who reports in good faith is immune from civil or criminal liability which may result from the report. Good faith is a rebuttable presumption.

(E)(1) A person convicted of a criminal offense in subsection (A) may not be employed by a private school, public school, or school district unless the governing body of the private school or the local school board determines that the person is rehabilitated and does not pose a threat to the school-aged population of the district.

(2) If a person holding a South Carolina teaching credential issued by the State Board of Education is convicted of a criminal offense, resigns, or is terminated from employment for conduct in subsection (A), the chief administrator of the school or school district shall report the conviction, resignation, or termination to the South Carolina State Superintendent of Education.

(F) For purposes of this section, criminal offenses include offenses recognized in the statutory or common law of this State. Nothing in Chapter 7 of Title 20 limits an investigation by law enforcement authorities pursuant to this section or limits a circuit solicitor in prosecuting related cases."

SECTION 2. This act takes effect upon approval by the Governor and applies to an offense occurring after that date.

----XX----


This web page was last updated on Tuesday, December 8, 2009 at 11:09 A.M.