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Indicates Matter Stricken
Indicates New Matter
March 7, 2002
S. Printed 3/7/02--H.
Read the first time February 12, 2002.
TO AMEND SECTION 20-7-2725, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING DAYCARE CENTERS FROM EMPLOYING PERSONS WHO HAVE BEEN CONVICTED OF CERTAIN CRIMES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A FINANCIAL CRIME WHICH IS NOT A FELONY IS NOT PROHIBITED FROM BEING HIRED AND TO DEFINE "FINANCIAL CRIME".
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-2725(A) of the 1976 Code, as amended by Act 221 of 2000, is amended to read:
day care daycare center, group day care daycare home, family day care daycare home, or church or religious day care daycare center may employ a person or engage the services of a caregiver who is required to register under the sex offender registry act pursuant to Section 23-3-430 or who has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A), except that this prohibition does not apply to:
(a) the felony crimes of forgery, bank fraud, issuing fraudulent checks, financial transaction card fraud, and shoplifting;
(b) Section 56-5-2930, the Class F felony of driving under the influence pursuant to Section 56-5-2940(4) if the conviction occurred at least ten years prior to the application for employment and the following conditions are met:
(a)(i) the person has not been convicted in this State or any other state of an alcohol or drug violation during the previous ten-year period;
(b)(ii) the person has not been convicted of and has no charges pending in this State or any other state for a violation of driving while his license is canceled, suspended, or revoked during the previous ten-year period; and
(c)(iii) the person has completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency.
A person who has been convicted of a first-offense violation of Section 56-5-2930 must not drive a motor vehicle or provide transportation while in the official course of his duties as an employee of a daycare center, group daycare home, family daycare home, or church or religious daycare center.
If the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or any other state or of a municipality of this State or any other state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, the person's employment must be terminated;
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law."
SECTION 2. This act takes effect upon approval by the Governor.
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