South Carolina General Assembly
117th Session, 2007-2008

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H. 5023

STATUS INFORMATION

General Bill
Sponsors: Rep. Govan
Document Path: l:\council\bills\nbd\12248ac08.doc

Introduced in the House on April 15, 2008
Currently residing in the House Committee on Judiciary

Summary: Delinquency of a minor

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   4/15/2008  House   Introduced and read first time HJ-54
   4/15/2008  House   Referred to Committee on Judiciary HJ-54

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/15/2008

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

A BILL

TO AMEND SECTION 16-17-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CONTRIBUTING TO THE DELINQUENCY OF A MINOR, SO AS TO PROVIDE MINIMUM FINES AND MINIMUM TERMS OF IMPRISONMENT FOR VIOLATIONS, AND TO PROVIDE THAT EACH DAY A VIOLATION OCCURS CONSTITUTES A SEPARATE OFFENSE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 16-17-490 of the 1976 Code is amended to read:

"Section 16-17-490.    (A)    It shall be is unlawful for any a person over eighteen years of age to knowingly and wilfully encourage, aid, or cause or to do any act which that shall cause or influence a minor to:

(1)    To violate any law or any municipal ordinance;

(2)    To become and be incorrigible or ungovernable or habitually disobedient and beyond the control of his or her parent, guardian, custodian, or other lawful authority;

(3)    To become and be habitually truant;

(4)    To without just cause and without the consent of his or her parent, guardian, or other custodian, repeatedly desert his or her home or place of abode;

(5)    To engage in any occupation which that is in violation of law;

(6)    To associate with immoral or vicious persons;

(7)    To frequent any place the existence of which is in violation of law;

(8)    To habitually use obscene or profane language;

(9)    To beg or solicit alms in any public places under any pretense;

(10)    To so deport himself or herself as to wilfully injure or endanger his or her morals or health or the morals or health of others.

(B)(1)    Any A person violating the provisions of this section shall who violates a provision of subsection (A), upon conviction must be fined not less than fifty dollars and not more than three thousand dollars or imprisoned for not less than three days and not more than three years, or both, in the discretion of the court.

(2)    Each day a violation occurs, including, but not limited to, each day a minor is truant pursuant to item (3) of subsection (A), constitutes a separate offense.

(C)    This section is intended to be cumulative and shall must not be construed so as to defeat prosecutions under any other law which that is applicable to unlawful acts embraced herein within this section.

(D)    The provisions of this section shall do not apply to any school board of trustees promulgating rules and regulations as authorized by Section 59-19-90(3) which that prescribe standards of conduct and behavior in the public schools of the district. Provided, However, that any such rule or regulation which that contravenes any portion of the provisions of this section shall first require requires the consent of the parent or legal guardian of the minor or minors concerned."

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.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    4.    This act takes effect upon approval by the Governor.

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