South Carolina General Assembly
123rd Session, 2019-2020

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Indicates New Matter

S. 275

STATUS INFORMATION

General Bill
Sponsors: Senator Senn
Document Path: l:\s-res\ss\003stud.kmm.ss.docx
Companion/Similar bill(s): 942

Introduced in the Senate on January 8, 2019
Currently residing in the Senate Committee on Judiciary

Summary: School threat communications

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/12/2018  Senate  Prefiled
  12/12/2018  Senate  Referred to Committee on Judiciary
    1/8/2019  Senate  Introduced and read first time (Senate Journal-page 163)
    1/8/2019  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 163)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/12/2018

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

A BILL

TO AMEND SECTION 16-17-425 OF THE 1976 CODE, RELATING TO COMMUNICATION OF THREATS BY A STUDENT OF A SCHOOL OR COLLEGE, TO PROVIDE PENALTIES FOR A PERSON WHO MAKES THREATS TO TAKE THE LIFE OF OR INFLICT BODILY HARM UPON ANOTHER AT A SCHOOL OR COLLEGE IN THIS STATE.

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

SECTION    1.    Section 16-17-425 of the 1976 Code is amended to read:

"Section 16-17-425.    (A)    It is unlawful for a student of a school or college in this State person to make threats to take the life of or to inflict bodily harm upon another at a school or college in this State by using any form of communication whatsoever.

(B)(1)    A person who is charged with violating subsection (A) shall, as a condition of his bond, undergo a mental health evaluation. If the mental health evaluation reveals that the person needs mental health treatment or counseling, then the solicitor may refer him to a mental health court, or the court shall require him to undergo mental health treatment or counseling by a court-approved mental health professional, mental health facility, or facility operated by the Department of Mental Health.

(2)    Mental health treatment or counseling pursuant to item (1) is all that may be imposed upon a person referred by the solicitor to a mental health court or required by the court to undergo mental health treatment or counseling.

(C)    A person who violates subsection (A) and who undergoes a mental health evaluation, if it is determined that the person does not need mental health treatment or counseling:

(1)    is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars, imprisoned not more than two years, or both; or

(2)    is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, or both if the violation results in the serious bodily injury or death of another person.

(B)(D)    Nothing contained in this section may be construed to repeal, replace, or preclude application of any other criminal statute."

SECTION    2.    This act takes effect upon approval by the Governor.

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This web page was last updated on December 17, 2019 at 4:03 PM