A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 2 TO TITLE 63, SO AS TO REQUIRE YOUTH SPORTS ORGANIZATIONS TO REQUIRE ALL COACHES TO UNDERGO A BACKGROUND CHECK.

 

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

 

SECTION 1.  Title 63 of the S.C. Code is amended by adding:

 

CHAPTER 2

 

Background Checks for Youth Sports

 

    Section 63-2-10. (A) As used in this chapter:

       (1) "Youth sports organization" means a private for-profit or not-for-profit organization that, as part of its core function, provides persons who are less than eighteen years of age the opportunity to participate in scheduled competitive or recreational sporting activities.

       (2) "Coach" means a person employed or volunteering as a coach, manager, or supervisor of a youth athletic activity but does not include occasional assistance with or support of the youth athletic activity by a person, including the action of other volunteers or employees of the youth sports organization in a passing, general, or nominal manner.

    (B) A youth sports organization must require all coaches to undergo a state fingerprint-based background check to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint-based background check to be conducted by the Federal Bureau of Investigation to determine any other criminal history. Additionally, the persons described in this section must also undergo a check of the State Central Registry of Child Abuse and Neglect, DSS department records, the equivalent registry system for each state in which the person has resided for five years preceding an application for employment or as a volunteer, the National Sex Offender Public Website, and the state sex offender registry.

    (C) The South Carolina Law Enforcement Division and the Federal Bureau of Investigation are authorized to retain and store fingerprints for further use in the identification of persons including, but not limited to, use in identifying unsolved latent prints. The South Carolina Law Enforcement Division and the Federal Bureau of Investigation are authorized to provide the youth sports organization with current and future information regarding the fingerprints stored, including arrests, convictions, dispositions, warrants, and other information available to the South Carolina Law Enforcement Division and the Federal Bureau of Investigation, such as civil and criminal information.

    (D) Costs for Federal Bureau of Investigation fingerprint-based background checks required for prospective coaches of a youth sports organization must be paid by the individual or entity requesting the background checks.

    (E) The youth sports organization may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited for coaching in the youth sports organization.

 

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

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