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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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