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H. 3764
STATUS INFORMATION
General Bill
Sponsors: Reps. Allen, F.N. Smith, Duncan, Mitchell, Davenport, Govan, Bales, Clyburn, Hosey, Ott and Talley
Document Path: l:\council\bills\ms\7230ahb07.doc
Introduced in the House on March 21, 2007
Currently residing in the House Committee on Judiciary
Summary: Criminal sexual conduct
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/21/2007 House Introduced and read first time HJ-52 3/21/2007 House Referred to Committee on Judiciary HJ-52
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 16-3-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO PROVIDE AN INCREASED PENALTY FOR CERTAIN SCHOOL PERSONNEL WHO COMMIT THESE OFFENSES AGAINST STUDENTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-655 of the 1976 Code, as last amended by Act 346 of 2006, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) Notwithstanding the provisions of subsections (A) and (B) and except as specifically provided in subsection (C)(1), a person affiliated with a school in an official capacity who is convicted of a criminal sexual conduct with a minor offense in any degree against a student is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum of twenty-five years, no part of which may be suspended or probation granted, or must be imprisoned for life. For purposes of this subsection:
(1) 'Person affiliated with a school in an official capacity' includes, but is not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons.
(2) 'School' means a public or private kindergarten, a public or private elementary school, a public or private middle school or junior high school, a public or private high school, a secondary school, an adult education school, a home school that includes students not related by blood to the operator, a public or private college or university, and any vocational, technical, or occupational school.
(3) 'Student' means a person:
(a) enrolled in a school, whether the person is suspended or not suspended; or
(b) expelled from a school within one year of enrollment."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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