A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS by ENACTing THE "SCHOOL CROSSING GUARD PROTECTION AND CERTIFICATION ACT"; BY AMENDING SECTION 56-5-740, RELATING TO OBEDIENCE TO AUTHORIZED PERSONS DIRECTING TRAFFIC, SO AS TO PROVIDE THIS SECTION ALSO APPLIES TO CERTIFIED UNIFORMED ADULT SCHOOL CROSSING GUARDS, TO ESTABLISH A CERTIFIED UNIFORMED ADULT SCHOOL CROSSING GUARD PROGRAM; BY ADDING Article 49 to Chapter 5, Title 56 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ENDANGER OR INJURe A CERTIFIED UNIFORMED ADULT SCHOOL CROSSING GUARD, AND PROVIDE PENALTIES; AND BY AMENDING SECTION 56-1-720, RELATING TO THE SYSTEM ESTABLISHED TO ASSIGN POINTS AGAINST A PERSON'S DRIVING RECORD FOR VARIOUS MOTOR VEHICLE VIOLATIONS, so AS TO PROVIDE ENDANGERMENT OF A CROSSING GUARD IS A FOUR-POINT VIOLATION.

 

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

 

SECTION 1.  This act may be cited as the "School Crossing Guard Protection and Certification Act."

 

SECTION 2.  The General Assembly finds that:

    (1) school crossing guards perform critical public safety duties to protect children traveling to and from school; and

    (2) it is therefore necessary to:

       (a) authorize a certified adult school crossing guard program to ensure consistent, lawful traffic control near schools; and

       (b) establish enhanced criminal penalties for motorists who endanger or injure crossing guards while performing their official duties.

 

SECTION 3.  Section 56-5-740 of the S.C. Code is amended to read:

 

    Section 56-5-740.  (A) No person shall wilfully fail or refuse to comply with any lawful order or direction of any police officer, fireman or uniformed adult school crossing guard invested by law with authority to direct, control or regulate traffic.

    (B) The term "authorized person" means any certified uniformed adult school crossing guard who has successfully completed the certification program administered by the South Carolina Law Enforcement Division (SLED) pursuant to subsection (C).

    (C) SLED, in coordination with the Department of Public Safety, shall establish and administer a Certified Uniformed Adult School Crossing Guard Program to provide standardized training, certification, and continuing education for school crossing guards. The program must include:

       (1) a training curriculum covering traffic control signals, hand communication, emergency procedures, and safety equipment use;

       (2) background screening requirements;

       (3) the issuance of a distinctive state-approved uniform and identification badge; and

       (4) renewal and continuing education standards.

    (D) A certified uniformed adult school crossing guard acting within a designated school zone during posted school hours shall have lawful authority to direct, control, or regulate traffic. Motorists must obey all lawful orders and signals given by a certified uniformed adult school crossing guard.

    (E) SLED shall maintain a public registry of certified uniformed adult school crossing guards and coordinate with school districts and law enforcement agencies to ensure compliance with this section.

 

SECTION 4.  Chapter 5, Title 56 of the S.C. Code is amended by adding:

 

Article 49

 

Endangerment or Injury to a Certified Uniformed Adult School Crossing Guard

 

    Section 56-5-7500. (A) A person who knowingly or negligently violates Section 56-5-740 or any other provision of this chapter in a posted school zone and thereby endangers, strikes, injures, or causes the death of a certified uniformed adult school crossing guard, while the guard is performing official duties, is guilty of:

       (1) endangerment of a crossing guard, a misdemeanor, punishable by a fine of not less than five hundred dollars nor more than two thousand dollars, mandatory completion of a driver-education course approved by the Department of Public Safety, and four points assessed against his driver's license. A person commits "endangerment of a crossing guard" if the person is operating a motor vehicle within a posted school zone at anytime a certified uniformed adult school crossing guard is in the posted school zone and the person:

       (a) drives through or around the posted school zone in any lane not clearly designated for use by motor vehicles traveling through or around a posted school zone; or

       (b) fails to obey traffic control devices erected for the purpose of controlling the flow of motor vehicles through the posted school zone for any reason other than:

           (i) an emergency;

           (ii) the avoidance of an obstacle; or

           (iii) the protection of the health and safety of another person;

       (2) great bodily injury to a crossing guard, a felony, punishable by imprisonment for not more than five years, a fine of not less than two thousand dollars nor more than five thousand dollars, and suspension of his driver's license for one year. For purposes of this section, "great bodily injury" means bodily injury inflicted upon a school crossing guard which creates a substantial risk of death, or which causes serious or permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ; or

       (3) death of a crossing guard, a felony, punishable by imprisonment for not more than fifteen years, a fine of not less than five thousand dollars nor more than ten thousand dollars, and revocation of a person's driver's license for two years when death results as a proximate cause of the driver's actions.

    (B) Any violation occurring while the driver is:

       (1) operating a motor vehicle in violation of the "South Carolina Hands-Free and Distracted Driving Act"; or

       (2) exceeding the posted school-zone speed limit by more than ten miles per hour,

constitutes an aggravating factor and increases the applicable fine by fifty percent.

    (C) If, at the time of the violation, the driver is under the influence of alcohol, drugs, or any other impairing substance, or is engaged in the commission of any other criminal offense, the violation shall be deemed an aggravated offense. Upon conviction, the court shall impose the maximum penalties prescribed under this section, including:

       (1) mandatory minimum imprisonment of not less than one year for great bodily injury;

       (2) mandatory minimum imprisonment of not less than five years for death; and

       (3) mandatory driver's license revocation for a period of not less than three years.

    (D) The court shall order restitution to the injured crossing guard or, if deceased, to the guard's estate or family, and may require the offender to perform community service related to school zone or traffic-safety awareness.

    (E) The Department of Public Safety, in coordination with the Department of Transportation, shall install warning signage in each marked school zone reading:

"STOP FOR SCHOOL CROSSING GUARDS-ENHANCED PENALTIES FOR VIOLATIONS (SC Code Section 56-5-7500).

    (F) The Department of Public Safety shall collect and publish annually data on incidents involving certified crossing guards, including injuries, fatalities, and prosecutions under this section.

    (G) The Department of Public Safety shall collect and publish annually data regarding incidents involving certified crossing guards, including injuries, fatalities, and prosecutions under this section.

 

SECTION 5.  Section 56-1-720 of the S.C. Code is amended to read:

 

    Section 56-1-720.  There is established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of these persons for the privileges granted by the license to operate motor vehicles.  The system shall have as its basic element a graduated scale of points assigning relative values to the various violations in accordance with the following schedule:

VIOLATION                                                                  POINTS

Reckless driving                                                                 6

Passing stopped school bus                                                 6

Hit and run, property damages only                                     6

Driving too fast for conditions, or speeding:

    (1) No more than 10 m.p.h. above the posted limits           2

    (2) More than 10 m.p.h. but less than 25

           m.p.h. above the posted limits                                   4

    (3) 25 m.p.h. or above the posted limits                            6

Disobedience of any official traffic control device                4

Disobedience to officer directing traffic                               4

Failing to yield right of way                                                4

Driving on wrong side of road                                             4

Passing unlawfully                                                             4

Turning unlawfully                                                             4

Driving through or within safety zone                                  4

Shifting lanes without safety precaution                               2

Improper dangerous parking                                                2

Following too closely                                                          4

Failing to dim lights                                                            2

Operating with improper lights                                            2

Operating with improper brakes                                          4

Distracted driving (second or subsequent offense)                2

Operating a vehicle in unsafe condition                                2

Driving in improper lane                                                     2

Improper backing                                                               2

Endangerment of a highway worker, no injury                      2

Endangerment of a highway worker, injury results                4

Endangerment of a crossing guard                                         4

 

SECTION 6.  This act takes effect July 1, 2026.

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