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COMMITTEE REPORT
May 23, 2007
S. 459
Introduced by Senators Sheheen, Leventis, Lourie, Bryant, Ford, Knotts and Campsen
S. Printed 5/23/07--H. [SEC 5/24/07 2:12 PM]
Read the first time April 10, 2007.
To whom was referred a Bill (S. 459) to amend the Code of Laws of South Carolina, 1976, by adding Section 59-116-130 so as to enact the "Jessica Horton Campus Crime Act" to provide, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Jessica Horton Act".
SECTION 2. Title 59 of the 1976 Code is amended by adding:
Section 59-110-10. (A) As used in this section:
(1) 'Institution of higher learning' or 'institution' means a public two-year or four-year college, community or junior college, technical school, or university located in this State, and also any private two-year or four-year college, community or junior college, technical school, or university located in this State.
(2) 'Property of the institution' means a building or property:
(a) owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution's educational purposes;
(b) owned or controlled by a student organization recognized by the institution including, but not limited to, fraternity, sorority, and cooperative houses; or
(c) controlled by the institution but owned by a third party.
(B) The chief of the campus police of an institution of higher learning, or his designee, shall immediately notify the State Law Enforcement Division if there is a death resulting from an incident occurring on the property of the institution or if the officer or another official of the institution is in receipt of a report alleging that an act of criminal sexual conduct has occurred on the property of the institution.
(C) Upon notification, the State Law Enforcement Division shall participate in a joint investigation of the death or alleged act of criminal sexual conduct. In the case of a death, the State Law Enforcement Division shall lead the investigation. In the case of an alleged act of criminal sexual conduct, the campus police shall lead the investigation.
(D) The campus police and other employees of the institution of higher learning shall cooperate with an investigation conducted by the State Law Enforcement Division."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-116-130 SO AS TO ENACT THE "JESSICA HORTON CAMPUS CRIME ACT" TO PROVIDE THAT CAMPUS POLICE OFFICERS SHALL NOTIFY AND WORK WITH LOCAL LAW ENFORCEMENT AGENCIES ON THE INVESTIGATION OF A DEATH OR A RAPE RESULTING FROM AN INCIDENT OCCURRING ON THE CAMPUS OF AN INSTITUTION OF HIGHER LEARNING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Jessica Horton Campus Crime Act".
SECTION 2. Title 59 of the 1976 Code is amended by adding:
Section 59-110-10. (A) As used in this section:
(1) 'Institution of higher learning' or 'institution' means a public two-year or four-year college, community or junior college, technical school, or university located in this State, and also any private two-year or four-year college, community or junior college, technical school, or university located in this State.
(2) 'Property of the institution' means a building or property:
(a) owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution's educational purposes;
(b) owned or controlled by a student organization recognized by the institution including, but not limited to, fraternity, sorority, and cooperative houses; or
(c) controlled by the institution but owned by a third party.
(B) The chief of the campus police of an institution of higher learning, or his designee, shall immediately notify the State Law Enforcement Division if there is a death resulting from an incident occurring on the property of the institution or if the officer or another official of the institution is in receipt of a report alleging that an act of criminal sexual conduct has occurred on the property of the institution.
(C) Upon notification, the State Law Enforcement Division shall participate in a joint investigation of the death or alleged act of criminal sexual conduct. In the case of a death, the State Law Enforcement Division shall lead the investigation. In the case of an alleged act of criminal sexual conduct, the campus police shall lead the investigation.
(D) The campus police and other employees of the institution of higher learning shall cooperate with an investigation conducted by the State Law Enforcement Division."
SECTION 3. This act takes effect upon approval by the Governor.
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