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252Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20010131Primary Sponsor: HayesAll Sponsors: Hayes, Branton, Alexander, Ravenel, Leatherman, Grooms, J. Verne Smith, Peeler, Giese, Wilson, Gregory, Hawkins, Ritchie, FairDrafted Document Number: l:\council\bills\nbd\11128ac01.docResiding Body: SenateDate of Last Amendment: 20020529Subject: Beer and wine, minors under twenty-one aiding law enforcement investigation may not be charged; Alcoholic beveragesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20020530 Read third time, returned with amendment House 20020529 Amended, read second time House 20020528 Request for debate withdrawn by Representative Sheheen Scott Bales House 20020528 Request for debate by Representative Scott Breeland Bales J. Hines Sheheen Lee M. Hines House 20020522 Committee report: Favorable with 25 HJ amendment House 20010620 Introduced, read first time, 25 HJ referred to Committee Senate 20010620 Read third time, sent to House ------ 20010611 Scrivener's error corrected Senate 20010607 Co-Sponsor added by Senator Fair Senate 20010607 Amended, read second time, unanimous consent for third reading on the next Legislative Day. Senate 20010308 Committee amendment adopted Senate 20010307 Committee report: Favorable with 11 SJ amendment Senate 20010131 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on March 7, 2001 - Word format Revised on March 8, 2001 - Word format Revised on June 7, 2001 - Word format Revised on June 11, 2001 - Word format Revised on May 22, 2002 - Word format Revised on May 29, 2002 - Word format
Indicates Matter Stricken
Indicates New Matter
May 29, 2002
Introduced by Senators Hayes, Branton, Alexander, Ravenel, Leatherman, Grooms, J. Verne Smith, Peeler, Giese, Wilson, Gregory, Hawkins, Ritchie and Fair
S. Printed 5/29/02--H.
Read the first time June 20, 2001.
TO AMEND SECTION 61-4-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL CHARGES BROUGHT AGAINST SELLERS AND BUYERS FOR THE UNLAWFUL PURCHASE OF BEER OR WINE BY A MINOR, SO AS TO PROHIBIT A MINOR FROM BEING CHARGED WITH UNLAWFULLY PURCHASING BEER OR WINE IF THE MINOR MADE THE PURCHASE AS PART OF AN INVESTIGATION BEING CONDUCTED BY LAW ENFORCEMENT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-4-100 of the 1976 Code, as added by Act 415 of 1996, is amended by adding at the end:
"A minor shall not be charged with a violation of Section 20-7-8920 or Section 61-4-60 if the minor purchases the beer or wine on behalf of a state or local law enforcement agency as part of an investigation being conducted by the law enforcement agency.
A minor who has completed a buyer training program offered by the State Law Enforcement Division and the Department of Alcohol and Other Drug Abuse Services may not be charged with a violation of Section 20-7-8920 or Section 61-4-60 if the minor purchases the beer or wine on behalf of a state or local law enforcement agency as part of an investigation being conducted by the law enforcement agency. A minor who has pending or previous criminal charges or convictions, other than minor traffic violations, may not participate in this program."
SECTION 2. The 1976 Code is amended by adding:
"Section 61-2-270. The State Law Enforcement Division shall implement a 'Cops in Shops' program, or other similar programs, in which SLED works with the business community to enforce underage purchase and possession statutes."
SECTION 3. The 1976 Code is amended by adding:
"Section 61-4-105. A law enforcement agency that conducts an age verification check at a retail location shall notify that retailer in writing as to whether the compliance check was successful or unsuccessful, the retail location that was checked, and the date that the compliance check took place. The law enforcement agency shall notify the retailer within thirty days of the completion of the compliance check."
SECTION 4. A. Section 20-7-510(A) of the 1976 Code, as amended by Act 81 of 2001, is further amended to read:
"(A) A physician, nurse, dentist, optometrist, medical examiner or coroner or an employee of a county medical examiner's or coroner's office or any other medical, emergency medical services, mental health, or allied health professional or Christian science practitioner, religious healer, member of the clergy, school teacher, counselor, principal, assistant principal, social or public assistance worker, substance abuse treatment staff, or childcare worker in any daycare center or foster care facility, police or law enforcement officer, undertaker, funeral home director or employee of a funeral home, persons responsible for processing of films, computer technician, or any judge shall report in accordance with this section when in the person's professional capacity the person has received information which gives the person reason to believe that a
child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect child has been or may be abused or neglected as defined in Section 20-7-490."
B. Section 20-7-550 of the 1976 Code, as amended by Act 450 of 1996, is further amended to read:
"Section 20-7-550. The privileged quality of communication between husband and wife and any professional person and his patient or client, except that between attorney and client or
priest clergy member and penitent, is abrogated and does not constitute grounds for failure to report or the exclusion of evidence in a civil protective proceeding resulting from a report pursuant to this article. However, a clergy member must report in accordance with this subarticle except when information is received during a communication that is protected by the clergy and penitent privilege as defined in Section 19-11-90."
SECTION 5. This act takes effect upon approval by the Governor.
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